The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-06-01

The three weeks term Of civil court
began yesterday with Judges Gunster
and Edwards presiding. Among the
105 cases on the list Is the latest Jen-
s-Lehigh- Valley, ct al. case, conf
monty referred to as the omnibus case,
because 1t includes among the defend
ants everybody that figured in any way
in the previous cases. 1t stands at the
head of the second weeks list, where
1t was placed.
Another Jennings case, one OF the
originals from which all the others
grew, was set down for tomorrow, but
through the graciousness Of Judge
Gunster was continued until Septem-
Der.
At last argument court a hearing
was had on a motion of Major Everett
Warren of counsel for the Lehigh VAL
ley company, to compel Jennings to en-
gage new council, his attorney Of rec
ord, Cornelius Smith, having been dis
barred from the Lackawanna courts.
Court granted the motion and JeH-
nings was notified to hire new counsel
Yesterday morning while Judge Gum
ster was busy at his desk in chambers,
Cornelius Smith walked in, laid paper
a word nor waiting to be spoken to.
When Judge Gunster came upon the
bench after the noon recess he an
nounced that Cornelius Smith had the
'indiscretion" to enter his office alone
and lay before him motion for a con-
tinuance of the jennings Lehigh VAL
ley case. AS Mr.. Smith was no longer
a member of the Lackawanna bar, he
said the judges would not have any
dealings with him as an attorney, but
that Jennings might not be made to
suffer he would summon him before
court to be heard in his own behalf.
JENNINGS SENT FOR.
Jennings and Major Warren were
both sent for and arrived in short
time. Jennings came in accompanied
by Smith, and the latter stood near his
clients elbow or paced up and down
the bar enclosure while Jennings was
being interrogated
In answer to Judge Gunster's ques-
ton Jennings said he was acquainted
| with the contents of the paper which
Smith had presented and as the petition
set forth he was desirous of having a
continuance. He said he had no means
| to employ counsel now, but thought
| he would be able to do so in September.
Major Warren said he would not object
| to the continuance as he did not wish
| to place any hardship on Jennings.
Smith at this juncture moved up
alongside Jennings and made some sug-
| gestion to him. Judge Gunster prompt
ly and with some feeling informed him
| that he could not practice law in this
court. Smith made some inaudible re-
| ply and resumed his pacing up and
down the enclosure.
After a brief deliberation Judge Gun
ster handed down the following:
John G. Jennings VS.. The Iehigh Valley
Railroad company. No. & March ],
1889.
Now, May 81, 1897, plaintiff moves the
| court to continue the case on the ground
| that the rule taken upon him to employ
| new counsel in the case was not dispos I'D
| OF until the twenty-fourth day of May
| 1887, and lie had not sufficient time to EN-
| ploy new counsel and prepare the case fol-
| trial.
May 81. 1897. we refuse to entertain the
| motion on the application of c. Smith, esq
The above motion being presented again
| in open court by the plaintiff in person
| the motion Is granted and the case con-
| tinued. BY the Court.
| The first paragraph was in the hand
| writing of Cornelius Smith, but con-
taincd no signature.
OTHERS CONTINUED.
| other cases continued were: Joseph
Mosteller against John Griffin and 9th.
ers, wages; w. A. Mcdowell against
William P. joyce sinterpleader; w. A
Morris against G. A. Fuller appeal
Michael Moran against the city of Car
bondale, damages; Daniel E. Ora,
against F. Ferris and others, ,ejectment
Michael Jordan and others against
John Regan and others, ejectment; A
r. Herrington against Guernsey Broth
ers, debt; William Gilroy against Cen