The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-09-29

In court room No. Judge Gunster
and twelve men good and true spent
the greater part of yesterday listening
to an interesting question involving the
ownership of piano. j. l.. l.. Travis
delivered a piano to Mrs. Leah James.
Mrs. James was sold out for rent by
j. o. Ackerman and the piano was
among the goods he seized upon. Travis
is now endeavoring to recover the
piano, alleging that it was only leased
to Mrs. James and that she had paid
but half of the s4OO, which was the
selling price.
Ackerman contends that the piano
was sold outright and was therefore
subject to seizure for Mrs. James
debts. The principal bit of evidence In
the case is a paper purporting to be
lease. 1t bears Mrs. James name,
but the signature was not hers. Travis
admits that 1T is not Mrs. James own
signature but claims 1t was put there
at her authorization by her daughter.
The case was given to the jury late
in the afternoon. G. S. Woodruff and
c. w. Carpenter represent the plain
tiff, while j. Z. Watkins and O'Brien
and Kelly are the defendants attor-
neys.
THE EJECTMENT SUIT.
The Duffy ejectment suit was on all
day yesterday before Judge Archibald.
1t will not be concluded until probably
noon today. The defendant, Mary Duff
| fy. of Carbondale. while on the stand
yesterday morning became so excited
on two different occasions that court
| took recess until she could recover
her mental equilibrium.
Although the damages demaned are
only $1,000 and the case from legal
point of view is not of great import
ance, the suit of Smith against the
Jermyn and Rushbrook water company
dragged itself through all of yesterday
and bids fair to take up the greater
part of today. The unusually large
number of witnesses summoned by the
plaintiff accounts for the case being
so long drawn out. A verdict against
the defendant is assured as it admits
having gone upon the plaintiffs land
The only question is as to the amount
of damages.
The defense opened yesterday after
noon. 1t is contending that while the
farm was slightly damaged by the com
pany running it's main through it and
spelling spring this damage is recon-
| pensed fully by the fact that the plain
tiff can have the use of the company's
service, a convenience which, it is
claimed, enhances the value of the
farm fully $500.
In the case of Thomas Mason against
Thomas Flynn, growing out of an al.
legged illegal sale by landlord, the jury
yesterday returned a verdict in favor
of the defendant. A new trial was
forthwith asked for on the grounds OF
errors by court.
NEW TRIAL ASKED.
A new trial was also asked for by the
defendant in the big ejectment suit OF
the Lacoe and Shiffer coal company
against w. NJ. Springer, which took uI
all of last week before Judge Edwards
Twenty-one allegations of errors ol
the part of the court are assigned.
T. F. Penman, attorney for the de
fendant, pettioned court to set asid
the verdict for the defendant, taken by
default in the case of Hunt and Con
nell against A. p. Bedford. on Tues
day when the case was called for tria
no one appeared for the defense anC
judgment was directed for the plain
tiff. Mr.. Penman now AYERS that h
had no knowledge of the case being OF
the trial list or he would have beei
there to defend it, A rule was grant
ed TO show cause why the verde
should not be set aside and a ney
trial granted, returnabe at argumen
court. 1t is a suit of a $3.50 judgmen
note given in payment for an accoun
that is now disputed.
b. Fenton Tinkham referee in tn
case of George l.. Wakeman agains
p. j. Conway, agent, reported verde
finding in favor of the plaintiff fo
s2l0l4. The suit was over car of ha
which was delivered to the defendant