The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-06-08

AS expected, the Jennings omnibus
case did not go to trial yesterday. The
plaintiff, after being overruled in sew
eral attempts at delay, suffered a COM
pulsory non-suit to be recorded against
him.
This Is the latest of the famous Jen-
rings case. 1t is a suit for 100000
damages, and is directed against thir-
ty-two persons who, he alleges, con-
spired and combined to defeat him in
his original suit against the Lehigh
Valley company to recover damages
sustained by his son in the Mud Run
disaster, nine years ago.
Among the defendants are Attorney
General Mccormack, whose offense is
that of refusing to take steps to i'm
peach the local judiciary; Judge p p.
Smith, of the Superior court, who was
an attorney for the defense at one
time; Judges Archibald, Gunster and
Edwards, who tried one or the other
of the many Jennings cases; exSu-
preme Court Justice Alfred Hand, War
rem q Knapp, l. II. Burns and others
who we're attorneys for the defense at
some phase or other of the case; the
sheriff and prothonotary and attaches
of their offices and in fact everybody,
with the exception of the plaintiff,
who has had anything to do with the
case.
JUDGE LYNCH PRESIDED.
Being interested parties the local
judges certified the case to the Lu-
zerne courts and Judge Lynch was as
signed to try it. He arrived here at
noon and came on the bench at the
In Of hn off
nings was present with his attorney,
Cornelius Smith. A number of the
local defendants were within the bar
enclosure, but only the acting attor-
neys in the case, Warren & Knapp and
I. II. Burns, sat at the defendants
table.
Judge Lynch called the case and
forthwith directed jury to be drawn.
Court Messenger ]. NJ. Walker, who
was acting in the stead of Deputy
Prothonotary Kasson, drew a jury and
sent it into the Superior court room,
where it was proposed to hold the
trial.
Jennings and Cornelius Smith then
approached the bench. Smith handed Il
paper to Clerk Walker with the re-
quest that he mark it filed" and then
had Court Messenger Newton pass II up
to Judge Lynch. The paper was in
Smiths handwriting and read as fol-
lows:
John G. Jennings VS.. Lehigh Valley Rail-
road company.
Now, June Z, 1897, p.uintiff excepts to
the jurisdiction of the Hon. John Lynch,
| Judge, and to any proceedings in the case
| before the said judge, for the following
reasons
| /. The said judge is not the president
judge of the district to which the case was
certified for disposition.
2, The president judge of the district TO
| which the case on the 30th day of May,
| 1897, was certified, has fixed no time for
| holding special court for the trial of said
| case.
3. The plaintiff has had no notice what
ever of the holding of a special court for
! the trial of said case.
John G.. Jennings.
Sworn and subscribed before me this 7th
| day of June. 1897
C. E. Pryor. Prothonotary.
EXCEPTION OvERRULED.
Judge Lynch promptly overruled the
| exception. Then Mr.. Smith in like
manner as before presented another
| lengthy paper which was a complaint
| by Jennings that the case was not
| properly at issue, as L. IL. Burns ap-
pearance for the defendants was irreg-
ular. The defendants raised the point
that Judge Bennett disposed of this
question and Judge Lynch again over
ruled the objection.
Next came a petition for a rule to
| compel !. H. Burns to file his warrant
as attorney for the defendants, all pro-
ceedings to be stayed in the meantime.
| This also was denied. Then came an
order directing the prothonotary to GER
tify the case to Wayne county, Jen-
nings alleging that he could not receive
an impartial trial in this county. Judge
Lynch allowed the paper to be filed,
but refused to direct the prothonotary
| to follow it's instructions.
Another paper was handed up asking
for change of venue, the grounds for
the request being materially the same
| as those upon which Jennings has
harped all along. Judge Lynch refused
to allow this paper even to go on record
as the allegations IL contained were of
such a scandalous nature, he said, that