The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-03-25

Miss Dickinson was represented In
court yesterday morning by Attorneys
j. Aspinwall Hodge and j. NJ. Fergu-
son, of New York, and Horace +. Hand.
of this city Major Warren argued for
a continuance of the case. He stated
that by reason of the unavailable ap-
sence of two important witnesses the
defense was unable to go to trial. One
of these witnesses Is Miss Susan Dick
inson, of this city, who last week fell
and broke her wrist. Her injury ana
| the condition of her health, he sald,
were such as would render it unsafe
| for her to attend court. The other VIII
| ness who Is unable to attend Is Mrs.
| Marsh, of Tioga county, who Is also
| i'll. -
MOTION FOR A CONTINUANCE.
Attorney Hodge, counsel for Miss
Dickinson, the plaintiff, opposed the
motion for a continuance in an argu-
ment which lasted half an hour. He
| stated that he had made proposition
| to Major Warren to accept the deposit
tions of the two absent witnesses,
which could be taken at their homes
Judge Burlington granted continu-
ance of the case until O'Clock in the
afternoon. at which time he asked that
| counsel present affidaVits TO sustain
| their contentious.
! Later in the morning Major Warren
filed the affidavit of George B. Thomp-
| son, one of the defendants, setting forth
the truth of the statements made by
| Mr. Warren in his argument and also
the affidavit of DR.. II. ID. Gardner
who is Miss Susan Dickinsons
attending physician. Mr.. Ferguson.
of counsel for Miss Dickinson, took
| the affidavits and from them filed one
in rebuttal. The affidavit states that
the injuries which Miss Susan Dickin-
| son received are not such as would pre-
vent her from coming into court and
giving testimony in the case.
| When court convened at O'Clock
| in the afternoon argument was re-
sumed on the motion of Major War
rem to continue the case. Mr.. Hodge,
attorney for Miss Anna Dickinson,
asked that Dr. Gardner. Miss susan
| DickinsOn's physician, be brought into
court for examination before Judge
Burlington. His request was compiled
| with and DR.. Gardner was subjected to
a searching cross-examination by Mr..
Hodge on the statements which he had
made in his affidavit in respect to the
physical condition of Miss Dickinson,
one of the absent witnesses.
HODGE WANTED CONDITIONS.
At the conclusion OF the examina-
ton Mr.. Hodge moved that q continu-
ance should not be granted unless the
defendants agree to stipulate that in
case of the death of any of the defend
ants the action shall not abate but
| shall be against the personal represen-
tatives of the deceased and that the
| defendants shall also pay all the costs
and disbursements to which the plain
tiff has been put by reason of said
continuance. In case the court saw fit
| to order a. continuance, Mr.. Hodge also
asked that it be made to the Septem-
Der term of court, which meets i'm Will
| Transport, or else to q special term of
court, ordered for the purpose of try
| ing this case and to be held in this
city.
Judge Burlington granted the contin-
uance asked for by Major Warren. but
| reserved decision on the questions Of
making the personal representatives of
the defendants who may die in the
meantime responsible in the action and
also on the question of compelling the
defendants to pay the costs incurred
| by the plaintiff by reason of the con-
| tinuance.
The case of Mrs. Ella +. Gulick,
widow of the late DR.. +. Il. Gulick,
against the Fidelity and Casualty In
surance company of New York was
| continued by agreement. 1t Is an ac-
| tion to recover on an insurance policy
held by the late DIR. Gulick. Major War
rem represented Mrs. Gulick in the
prosecution of her claim. The continu-
ance is preliminary to a settlement of
the case. and it will probably never
again appear on the list.
| JOSEPH TOMARRO TRIED.
Joseph TOmarro was tried in the
| United States district court for fraudu-
lently securing mail from the Pittston
| postonice addressed to ISadore Jurod
Il H.,
| tin, of this city. District Attorney Hall
prosecuted the case. The charge
against TomarrO is that he impersonat
ed Jurod and thereby secured an inter-
national money order for 81 addressed
to the latter. The order was never
/ cashed, but was found among Tomar-
ro's effects by Postoffice Inspector Cor
man. Isaac Steinberg. who frequently
acts as interpreter in the Lackawanna
county courts. was a witness for the
| prosecution. On his direct examina-
tion he testified that TOmarrO had con-
fessed to him in Jail that he had taken
the order and endeavored to have it
! cashed at the postoffice.
On cross examination by Mr.. Martin
he was roughly handled. He admit
ted having received a dollar from the
defendant for which he was to go to
Pittston and get the defendants
brother to help him. Mr.. Martin also
tried to entrap him into admitting that
he offered to secure bail for the prisoner
for 5000, but Steinberg denied this
Judge Burlington finally put stop to
this sort of cross-examination. The
jury found Tomarro not guilty
Charles Perrone and Charles Palml.
eri were tried in the district court for
passing counterfeit money in Pittston
on Jan. IA. last. They were defended
by Attorneys M. II. McAniff and W.
ii. Gillespie, whose admission to prac-
tice in the court was secured on mo-
tion of A. ]. Colborn, shortly before the
case was called. Assistant District At
torney Griffith conducted the prosecu-
tion and opened the case for the gov
ernment. The defendants are charged
with having, on the date above men,
toned. given in exchange for merchan-
disc at the stores of Max Ludwig and
Greenwood & Berg. in Pittston, two
spurious five dollar bills.
TESTIMONY OF MAX LUDWIG. =
Max Ludwig was the first witness
for the prosecution. He testified that
Perrone, on January IA, last, proffered
him five-dollar bill in payment for a
fifty-cent pocket knife. His suspicion
as to the genuineness of the bill was
aroused and he took 1t to the nearby