The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-06-15

Again this week, the three court
rooms are being utilized for common
pleas Judge Archibald has the Won
Storch case in the supreme court room;
Judge Edwards is presiding in No. 1
and Judge d. w. Searle, Of Montrose,
is in No. 2.
None of the courts were able to get
under way until the afternoon. No
case could be gotten ready for No. 1 or
| No. g and in the Won Storch case a re-
cess was taken for the purpose of set
| tlement.
The matter of settlement was sug-
gested by Judge Archibald at the open
| ing of the case in the morning. He
| said the land in dispute was not worth
the contention that is being made for
1t and as a matter of economy for the
| county and the parties involved he
| felt that an effort should be made to
| effect a compromise.
| The lawyers agreed to get together
but that is all they could agree to and
! when the hour for the afternoon ses-
| sion came around the trial was pro-
ceeded with.
| The defense is still hammering away
| to prove the alleged trust and has a
| long string of witnesses yet to call. The
plaintiffs have virtually not been heard
| from at ALL having at the outset SIM
| ply submitted their record of title.
How much testimony they will have
to offer in rebuttal is possibly not even
| known to themselves at this time.
| When the case will be brought to a ter
| mination is therefore a mere matter of
| guess work. The most popular guess
| Is that the case will continue all this
| week.
POINT AT ISSUE.
Nearly all the afternoon was spent
in fighting over the point as to whether
or not a declaration of ownership in
the absence of the other contending
party has any force. Judge Archibald
had decided against it three or four
times but yesterday when the defend
ants again raised it. he decided to con-
suit the authorities and retired to his
chambers to brush up This is given
as an instance of the progress that is
being made.
The case of w. c. Tunstall against
Joseph F. Baumeister and others was
called for retrial before Judge Searle
in No. 2 J. Elliott Ross appeared for
the plaintiff and j. J. H. Hamilton and
! Joseph O'Brien for the defense.
The defendants are all prominent
| members of the Patriotic Order Sons
| of America. In 1890 they began the
publication of amonthly journal devot-
| ed to the interests of the order and
known as the Sons of America" 1t was
printed at the plant of the Providence
| Register. After short life the pro-
| jectors of the paper became tired Of
| journalism or rather the expense part
of it, and concluded to give it up.
At the time of the demise of the pa
| per, the Sons Of America company owed
printing bill to the Providence Reg
| lister amounting to $240. For this Tun-
| stall now sues. The defense alleges
that j. U. Hopewell and not Tunstall
was the owner of the paper and that
full settlement was made with him by
turning over to him the assets of the
Sons of America consisting of about
$500 in collectable subscriptions and ad-
vertising. Hopewell denies this, ex-
planning that the paper and it's assets
We're turned over to him with the un-
derstanding that he was to run 1t for
them, giving them paper that would
| boom their order in return for their
! present of the little good will and as
| sets of the Sons of America"
THE FORMER TRIAL.
| At the former trial of the case a ver-
| dict was secured for the plaintiff in the
| full amount of his claim. A new trial
was granted by Judge Archibald on the
| ground that he erred in refusing to ad-
NIT as evidence a card circulated by
Hopewell in the county campaign an
nouncing himself as a candidate for
auditor and giving as one of his rea-
sons for claiming the suffrage of the
| Republicans that he was the owner of
a staunch Republican paper, the Provi-
dence Register and had been for sew
| enteen years.
| Before Judge Edwards in the main
| court room the case of the Arcade File
works against T. F. Leonard is on
trial. The plaintiff in the case is repre-
sented by James H. Torrey and Charles
H. Welles; the defendant by S. B. Price
and George S. Horn. The company
seeks to recover for 1000 dozen of files
which it is claimed Mr.. Leonard or
dered but refused to accept. Mr.