The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-05-24

After a suspension of several weeks,
due to an interval between terms, court
resumed its sessions yesterday morn
ing. An unusual amount of business
was disposed of during the day. A
large number of opinions were handed
down during the morning session.
The bill of particulars i'm the Lang
staff-Kelly contest came up for ar
gument in the morning before Judges
Gunster and Edwards. Before the
case was called the following rule was
handed down and ordered to be made
q rule of court:
In every contested election within sixty
days after the institution of the same
and before any testimony is taken the
contestants shall file a bill of particu-
lars setting forth in detail the names
of persons claimed to have voted illeg-
ally at the election in contest: the dis
trcts in which they severally voted
the numbers of their respective ballots
and the particular grounds with regard
to each of them upon which it is al
legged that he voted Illegally. Such bill
of particulars shall be verified by al
hdavit Of at least three of the petition.
ers, stating that they have been nredibly
Informed and verify believe that the pew
sons named in she bill voted illegally
at the said election for the reasons speci-
fed.
Within sixty days after the contest
ants bill of particulars has been Hled.
the respondent shall fill like bill of
the persons who, as he claims, voted il
legally at the same election, which bill
shall be verified by him in like manner,
without which no testimony on his part
shall be taken.
ARGUMENT HEARD.
When the case came up for argu-
ment Attorney Newcomb argued that
the bin of particulars was not sup
ported by affidavit. Messrs. Holgate
and Hamilton, attorneys for Mr.. Lang
staff, objected to bringing the bill of
particulars under the new rule. Mr..
Hamilton argued there is no statute
to warrant the rule. The court an
nOunccd that there would be an order
made respecting the bill in a few dgwS
The objection to the bill is the sSiTie
in substance as was made to the first
one filed.
Mr.. NewcOmb said that witnesses
from Old Forge township have beer
examined in the contest and out Of
siXty-siX named in the bill as being
aliens only seven We're found to be
without papers, and sixteen were ma
tive-bOrn citizens.
The grand jury met yesterday morn
ingat 10 o'clock and was charged by
Judge Edwards. William l.. Atherton,
Of Glenburn, was appointed foreman,
and the jury retired at 1890 to its room
and took up the consideration of cases.
The constables made their returns
and six of these officers reported vio-
la Of h. 1o TO, III n
Seth Smith, of the First ward, returned
Michael Durkin. Constable Rees S.
Davis, Of the Third ward Of Dickson,
returned John KozlOwski. Constable
Mathew Bean, Of Old Forge, returned
Jacob Urban and returned Amos Rob
insOn and William Stuolkowski for
keeping disorderly houses. Constable
Henry Dierks, of the Second ward of
Dickson, returned Frank WOntrowski.
Constable ]. w. Clark, of the Eigh-
teenth ward, and Constable Bernard
Davis reported a Polish speakeasy
apiece in their respective wards
THE FELLOWS CASE.
Prothonotary Copeland received from
Judge Purdy, of Wayne county, an
opinion yesterday in the equity suit of
Joseph Fellows against Cornelius
Smith, esq, and his son, Stanley
Smith. The decision of Judge Purdy
is in favor Of the defendants.
Mr. Fellows alleged in his equity
pleadings that he conveyed without
consideration a certain interest in 81
acres of land to the defendants and
ne asked the court to have the deed
annulled. Mr. Fellows several years
ago engaged Mr.. Smith to defend his
interests in a suit against f. f. LOomis
and gave a judgment note of 1000 for
services and expenses in the trial of
the case. Mr.. Fellows was not able to
advance any of the money to carry on
the litigation. Later on he conveyed
c-half interest in the land for So,
600 to Mr.. Smith, and subsequent tc
that he conveyed a fourth interest
to Stanley Smith. The opinion of Judge
Purdy says the conveyance Of the land
was a fair one and the deeds should
stand