The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-03-26
NON-SU|T NOT DISTURBED
Judge Edwards Sees No Reason for
Striking 1t Off.
OPINION HANDED DOWN BY HIN
Gives Reasons Why Ilc Refuses to Again
Put on the Trial List tho Case OF
Jennings Against tho Lchigh VAL
Icy Company aud others.

ON Aug 70. 1893. Attorney Cornelius
Smith Instituted an action of tres
pass for John q. Jennings with dam
ages alleged in the sum of 100000
against the I.ehigh Valley Railroad
company, Hon. T.. n. Willard. Hon.
Il. W. Archibald, Major Everett War
rem. l. III. Burns. esq, Hon. l.cmuei
Amerman. Prothonotary c. T.. Pryor.
Deputy Prothonotary Myron Kasson
and Detective Thomas Il. Reynolds
The basis of the suit was that the
defendants had confrderated and con-
spired to hinder, delay and defeat the
action brought by John g.. Jennings
against the railroad company to re-
cover damages in the sum of $40. 900
for injuries Mr.. Jennings son. James,
sustained in the Mud Run wreck on
Oct. 10. 1883.
The court made an order on Sept. -,
lS?5. directing that the suit be placed
first on the trial list for the Novem-
Der term Of common pleas court. The
term opened on Monday, Nov. II. Judge
Edwards on the bench Mr.. Smith rep
resented the plaintiff and the defend
ants We're represented by Attorneys Jo-
seph OBrien, j. Alton Davis and &.
Comegys.
Mr.. Comegys announced that their
side was ready for trial. Judge Ed
wards said the plaintiffs attorney de-
cllned to try the case and was not
ready for trial. Mr.. COmegyS then
moved for II non-suit. Judge Edwards
granted 1t. When everything was
ready to 90 on Mr. Smith came for
ward with Il long petition containing
the eft repeated charges he has made
about not being able to get IL fair and
impartial trial in Lackawanna county.
and asking for a change of Venue to
some other court.
SMITH LEFT THE COURT ROOM.
Judge Mcpherson, of Harrisburg, was
assisting the local judges that week
and Judge Edwards ordered the case
to go ON before him. This did not sat
sfy Mr. Smith. He wanted to get out
of the county altogether alleging that
the conspiracy was so great against
him and his client. Mr. Jennings, that
the juries would be packed
Upon Mr. Smiths departure from the
court room, for he took up his hat and
went out. then it was that Mr.. Comegys
made application for the non-suit and
IL was granted.
A short while afterward Mr.. Smith
came before the court with list of
reason why the nOn-Suit should be
stricken off and the case put back ON
the trial list. He obtained rule to
argue the matter before the court and
did argue II. The depOstions he filed
with the court and all the other papers
We're submitted To Judge Edwards. and
yesterday he handed down an opinisn
refusing to strike off the nOn-Suit. The
opinion given by Judge Edwards dis
charging the rule is as follow:
JUDGE EDWARDS OPINION.
I'VE see no reason to disturb this
n"n-suit. The case was regularly ON
the trial list. and no legal grounds for
II continuance We're disclosed We re-
fused change Of Venue. not only be-
cause the evidence taken at the hear
ing of the rule was entirely insufficient
but for the further reason that ii ap-
pcared to us the motion was made to
avoid the trial of the cause. The trial
list was called Nov. IL. 1895. The pc
tition for Il change of Venue was sworn
I" sept q, and the attorney for the
plaintiff did not present this petition to
the court until the motion for Il con-
tinuance had been denied and the ease
called for trial. 1t is unnecessary to
DISCUSS this matter any further. The
rule to show cause why the non-suit
entered in this case should not be taken
Off is discharged. Exception for the
rlaintir Is noted and Il bill sealed"