The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-02-05
JAMES GANNON'S
TESTIMONY HEARD
Taken from the County Jail 10 the Office
of Commissioner M. A. Mckinley.
APPEARS AS RESOLUTE AS EVER
Says He Did Not Ask for or Consent
to Have n Conditional or Moulded
Verdict Taken-- Supposed That
Case Was to BE Tried as Il Common
Law Action in Ejectmcnt--Testi-
mony of His Sister.

James Cannon, who has been in the
county Jail for two years and eight
months because he refused to sign q
deed as directed by court, left his pris-
on cell yesterday and was taken to the
law office of Attorney NJ. a. Mckinley,
on Washington avenue, where his
deposition was taken. The litigation
which finally resulted in landing Gan
non in jail has been in progress for
over two decades in one form or an
other
In 1887 the suit which is directly re-
sponsible for Gannon's Incarceration,
was begun in the form of an action in
ejectment and was tried before Judge
Hand, who assisted the jury in mould
Ing a conditional verdict which gave
Gannon's sister possession of the land,
but directed her to pay him the amount
of money he had paid on the lot with
interest. A conditional verdict is per-
missible in equitable ejectment pro-
ceedings, but not in common law
ejectment suits, where the verdict
must be either for the plaintiff or de-
fendant
new trial was asked for by Gam
mons attorneys, Messrs. Burns and
Scragg, and one of the grounds speci-
fled was that the trial judge erred in
moulding a verdict. new trial was
refused, the money due Cannon was
rendered, he refused to sign a deed
transferring the property as directed
by the court, and in June, 1894, he was
computed to Jail for contempt and
he has been there ever since.
EFFORTS TO GET HIM OUT.
Recently Attorney Richard Busteed
began proceedings with view to hay
ing Cannon released He secured a
rule to show cause why a new trial
should not be granted, and Attorney
NJ. A. Mckinley was appointed a COM
missioner to take testimony, the inten-
tion being to show the court that the
pleadings in the case and the intention
of the plaintiff was to have the case
tried as a common law action in eject
ment instead of which it was tried as
an equitable action in ejectment. The
first batch of testimony was heard
yesterday by Commissioner Mckinley
in his office and one of the witnesses
examined was Cannon. He was rep
resented by Attorney Richard Busteed
and Attorneys Pitcher and Wells ap-
peared for the defendants in the eject
ment suit
Cannon did not look as If his long
incarceration had affected his health
to any great extent. He is still a large
framed robust looking man apparently
about 60 years of age, and seemed
quite as resolute as ever His an
swers to the questions put to him
would indicate that his intellect is still
| sharp and keen. He said he never
| asked for or consented to have con-
ditional or moulded verdict taken. He
| understood the action was to be tried
| as a common law ejeCtment suit.
HIS SISTER TESTIFIES.
Gannons sister, Mrs. Margaret
Ford, testified that she heard her
mother say that the deed of the land
in dispute should be given to James,
for he had helped to pay for the lot.
Thomas Cannon testified to the worth
of the lot and the length of time the
| improvements have been on 1t.
No other testimony will be offered
on the part of Cannon. 1t is not GER
| tain that any will be offered on the
| part of the defense. Commissioner
| Mckinley will file his testimony with
| the court and it will then be considered
bV the iudgeS