The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-01-14
SECOND TRIAL OF A
COMPLICATED CASE
Suit Against Ex.ca:hier Jessup's
BOndsmen.
ECHO OF THE CITY BANK FAILURE
Brilliant Array of Legal Talent En-
gaged--Trial is Likely TO Occupy
Several Days--Skctch of the Pro-
cecdings in the Case Up to Pate.
Other Matters in Common Pleas
Court Yesterday.

Before Judge Purdy, specially pre-
siding in common pleas, the second
trial of the now famous Jessup case
was begun yesterday morning. The
plaintiffs side is represented by John
f.. Scragg, S. B. Price and Charles II.
Welles, while at the defendants table
are James H. Torrey, Major Everett
Warren, w. II. Jessup and Justice AL
fred Hand. 1t was 3 o'clock p. m. be-
fore the trial was actually begun owing
to the detention of Messrs. SCragg and
Price at the Superior court While
waiting for them jury was drawn and
the wagon load of books which figure
in the case were arranged so that upon
their arrival the hearing of evidence
was at once begun.
The action was brought by Joseph II.
Gunster assignee of the defunct Scran-
ton City bank against the defaulting
cashier, Geo. A. Jessup and his bonds
men, Judge W. II. Jessup, DR.. b. II.
Throop and Albert Beardsey, to re-
cover S12, 667.31, the amount which it is
alleged he illegally converted to his
own use while acting as cashier.
According to the plaintiffs statement
Mr.. Jessup was elected cashier April /,
1882, and continued in that position
until January II, 1856. Three years
later, May %, while Mr.. Jessup was
vice president the bank assigned. Jo-
seph II. Gunster, who was appointed
assignee, made an examination of the
books and discovered, he ayers, a short
age of over $1600 OF this amount
$12 667.31 was withdrawn irregularly
while Mr.. Jessup was cashier and suit
was brought by the assignee for the
benefit of the creditors to recover this
sum from the sureties on the bond.
WAS TRIED IN 1895.
The case was tried before Judge j. b.
Mcpherson, of Dauphin county, special
| ly presiding in the local court, in No
| Vember 1895, and on the 18th of that
month a verdict was found for the
| plaintiff in the full amount of the claim.
! The jury also returned a special find
! ing that the bond was a Joint and
| several bond" deciding against the
contention of the defense that it was
! simply joint bond. Arguments for a
new trial were Immediately made and
| on November 19 Judge Mcpherson
| granted a new trial Stipuating as a
condition that the defendants would
| have to admit that they executed joint
and several bond in the sum of $4,000
the condition being imposed in conse-
| quence of the loss of the original bond
after it had been placed in the custody
of DR.. Throop, a director of the bank
and one of the defendants. On January
s last the defendants complied with the
stipulation and the case was put dowr
for a rehearing at the present term.
The hour and a half devoted to the
trial of the case yesterday Afternoon
| was almost entirely consumed with le'
gal sparring between Major Warrer
and the plaintiffs attorneys. The Ma
jor tried to disqualify the opposition
principal witness, Mr. Gunster, by con
tending that as Albert Beardsley, one
of the bondsmen is dead, the other par
ty to the contract, is incompetent
Judge Purdy declined to approve of th'
point, but allowed an exception to bt
sealed. Mr.. Gunster was on the stanC
pointing out the various shortages o
the eX-cashier when court adjourned
for the day. 1t is possible the case may
consume a week or ten days.