The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-11-25


Judge Archibald is enjoying the ex-
perienCe that occasionally comes to a
judge of having a jury refuse or at
least hesitate in a meaninEful man
ner to follow the instructions of the
court as 10 the rendering OF a verdict.
1t is in the case of NJ. o. Webster
against +. j. Widmaycr in which the
plantiff sues to recover $1,000 worth OF
bonds of the Lackawanna Stone com
pany which he alleges Mr.. Widmayer
who was president of the company,
agreed to give in as compensation for
his interest in the Scranton Stone
company which was swallowed up by
the Lackawanna Stone company. The
defense was that Webster refused tn
give up his stock in the old company
as per agreement. The plaintiff denies
that it was understood that he should
give up the stock.
The case has been on trial since Mon
day and at , o'clock yesterday after
noon was submitted to the jury. Judge
Archibald In his charge virtually di
rected a verdict for the plaintiff. He
told the jurors that there We're only
two questions to be settled and in
dicated to them how they should be
guided in arriving at a settlement of
these questions. The first question, he
said, was whether or not Webster had
fulfilled his part of the contract. In
commenting on this the judge said that
there was no evidence to show that he
had rot. while there was an abund-
ance of evidence to the effect that he
had. The second question to be pass
ed upon. the court stated. was: What
was the value of the bonds at the
time Wi1maver Eyreed to deliver them?
The defendant himself, Judge Arch
bald aVerred had stated on the stand
that the bonds We're worth par. He
would therefore he entitled to $1,000,
court indicated. AS to whether or not
Mr.. Widmayer was Individually re-
sporsible was a question of law, the
judge stated, and the verdict would
be conditional upon his decision Of this
reserved point.
SKELETON VERDICT.
The skeleton verdict which the jury
was supposed to fill out read as fol-
lows:
We find in favor OF the plaintiff in
the sum of -, subject to the
question of law. which is reserved,
whether there is any evidence in the
case on which the defendant can be
held individually; also subject to the
legal questions involved in the defend
ants points"
At $40 o'clock when the jury mad not
yet returned it was evident that there
was something askew and thinking
to Straighten out the difficulty Judge
Archibald sent word to the jury that if
they wanted further instructions they
might come in and he wouli be pleased
TO help them out.
The jury came in and in response to
Judge Archbald's What is the difficult
ty, gentlemen their foreman stat
ed in substance that sCme of the jurors
were in doubt as to whether or not
Webster, the plaintiff. had done his
fun duty according to the contract.
What, YOU mean, as take it," said
Judge Archibald, lis that you are not
satisfied but that Webster should have
done something else besides what is
stipulated in the contract; that ne
might have done more in all fairness"
That is about II, your Honor"
WELL you have nothing to do with
anything outside of the case. 1t is not
ContradiCted that Webster fulfilled his
part OF the contract, and your task
'''Ni NA'i' SGC'lIo " me lt ne Il Simple
one. With these additional instruc-
uo1s hope you will arrive at prompt
verdict"
Hut court hoped in vain. Three
quarters of an hour passed adjourn
ment was about to be made and the
July was still unheacd from.
Judge Archibald called Tipstaff Rit-
ter who had charge of the jury and
told him that he was not to allow the
Jury L. seal verdict and separate.
They would have to agree before court
ADJOURNED or stay together over the
THANKSGIVING recess and make their
report Friday morning.
Messrs. Burns and Martin, attornels
Tor the defense, objected to any such
message being sent to the jury room.
Judge Archibald said it was not meant
as 4 message to the jury. 1t was SIM
ply instructions to the tipstaff and he
would be called upon to nut the in
structiOns into execution in case the
jury during the night should agree
and want to so home. The tipstafr
would in that event refuse to allow
them to depart. A jury, the court ex-
planned, can not seal q verdict except
nv special permission of court AS
this was to be a conditional verdict
he wanted to see it before the jury
would separate so that in case ii should
not meet requirements he could send
them back to revise il.
NIGHT SESSION ORDERED.
That no undue hardship might be
inflicted on the jurors, Judge Archibald
declared night session and ordered
that in case no agreement was reached
before adjournment, a privy verdict
would he taken in chambers at any
time TODAY that the jury had framed
its report. At Q o'clock last night the
jury was still celebrating and Judge
Archibald adjourned court until
O'Clock Friday morning.