The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-04-29

establishment that at the instance Of
Mr.. Smith a paper book was printed
which was a petition to the Supreme
court for a mandalnus upon r. w.
Archibald to show cause why he should
not be removed from the bench. Mr..
kann identified a copy of the book and
1t was offered in evidence. Mr.. Smith
objected. but was Overruled. The wit
ness said that MIR. Smith ordered about
fifty copies Of the book printed.
COUNTY OFFICIALS CHARGED.
Mr. Torrey then read several extracts
from the book I'm which the officers of
the court of this county are charged
with almost every Offense known to tx
law to defeat John G. Jennings In his
suit against the Lehigh Valley Rail-
road company.
An interesting phase was assumed at
this point. MIR. Price offered in evil
dence a paper book filed of record in the
Supreme court by Mr.. Smith in the case
Of HOban VS.. Walsh in Wayne county.
Mr.. Smith paid his respects to Judge
McCollum, then on the Wayne county
bench, now a member of the state SUI
preme court.
Next was offered in evidence all the
papers in the case Of l. H. Burns
| uSdiHsI oHlItu. his tuucu
prosecutions side of the case and the
motion to have the court strike out all
the testimony from the record which
was not material and had bearing upon
the charges made in the record. Judge
Archibald overruled :he motion on the
ground that 1t was too vague and In
definite in the frs. place. and in the
next place according to the courts Idea
no evidence was admitted except that
which was material.
Attorney l.. p. Wedeman was called
by Mr.. Smith as the first witness for
the defense. He swore substantially
the statement that Mr.. Smith asked
him to watch the time when the rules
In the case of Ira II. Burns against Mr.
Smith would be handed down. and in
accordance with this order from Mr.
Smith the witness kept his ears open.
He was in court one morning and
heard Judge Gunster hand down q file
in one Of the Burns-Smith rules. 1t
was handed to MyrOn KassOn. In Civ
ing II from him Judge Gunster said he
discharged the rule because the costs
We're 0aid in cash before the twenty
days for taking an appeal had expired
Judge Cunster went off the bench and
out of the court room toward his cham
ber. Mr.. Kasson put the opinion in his
pocket.
ON CROSS SS-EXANIINATION.
Mr.. Wedeman was turned over for
cross-eXamination. Mr.. Newcomb asked
him If he wanted to be understood as
saying that he saw Judge Gunster hand
down an opinion in the case Of Burns
against Smith, Notwithstanding that
Judge Gunster has stated that he did
not hand such an opinion down. Mr..
Wedeman said he had great respect
for the court, but he was sorry to say
| that, Notwithstanding Judge Gunster's
disclaimer vet that he believed 1t was
the Burns-Smith case that was dis
posed of that day. Mr.. Wedeman said
he believed the court may have inad-
vertently called some other case the
Burns-Smith case. but he was sure
there was an announcement made that
! such an opinion had been handed down.
But not that day in Mr.. Wedeman's S
presence did Judge Gunster at the in
stance of Mr.. Kasson and Mr.. Burns
take the opinion back. He never told
Mr.. Smith anything Of the kind. He
simply told him that Judge Gunster
handed down an opinion discharging
the rule asking to strike off the appeal
in the case Of Burns against Smith.
|
Edwards whether or no. he knew that
the same day that he believes the
Burns-Smith case was disposed of there
was an opinion handed down in the
case of the Dime Rank against Mr..
Smith. The witness admitted he heard
| such case disposed of, but he still
insisted that it was a different case to
the one be heard. He made no investi-
cation to find out whether he was right
or wrong; ne inquired II there was any
record kept like a day book and was
told there was none such. Judge Ed
| wards said:
"You don't know now whether you
got mixed up in the two cases. whether
1t was the case Of the Dime bank
against Smith or the case you refer to?''
He answered:
knowing of my fallibility I do not
know it; I only have my understanding
in the matter"
MIR. Newconb asked him why he did
not take the trouble to verify himself
| at the time. He said he had good rea-
son for not trying to verify himself
and he might sacrifice himself here now
but he did not care to slaughter any,
body else and If he went down he would
so down alone.
MIR. WEDEMAN PERSISTED.
Mr. Wedeman was asked If he per-
sisted in saying that it was the Burns
Smith case was disposed of by Judge
| Gunster, and he said he unfortunately
had to. The mon hour arrived and
Mr.. Wedeman left the stand.
After dinner Mr. Smith offered the
opinion of Judge Edwards in evidence
in the Burns-Smith case. Judge Gun
ster asked his purpose in doing this
and his reply was that he wanted to
show, as he had been informed the case
was disposed of before, that he was
justified in believing the case was de-
cided, but he assured Judge Gunstel
he meant nothing disrespectful. The
opinion had already been in evidence
with the other flies.
Mr.. Smith then went upon the stand
and 1t was plainly evident that he was
undergoing severe humiliation.
He said that Mr.. Wedeman informed
him Judge Gunster had handed dowr
an order discharging the rule to strike
off the appeal In the case in which l. H
Burns was plaintiff and himself de.
fendant. That meant that Judge Gun.
ster had decided that Mr.. Smith could
appeal to court and have the libel suit
tried before a jury and the award OF
$4,000 for Mr.. Burns by the arbitrator.
set aside.
I Mr.. Wedeman Informed him thai
Judge Gunster took the opinion bach
at the instance of Mr.. Kasson and Mr.
Burns, who We're then in court. Or