Evening journal., 1898-12-02
FIGHT OVER A NOTE
1t Consumed a Morning in
the Superior Court.
JUDGE sPRUANCE CHARGED JURY


TER GAVE HIM AN ACCOAlNIODA-
TION NOTE, WlHTCH WAS TIDE
PAPER IN CONTROVERSY.
Mrs. Yetta Friedman has lost her
suit for $1,000 against John AIcGowen.
Howell S. England opened for the
plaintiff yesterday morning. He re-
dmced the value Of the bite from 81 ,O0J
to $500. lie was followed by Waiter
II. Hayes for the defendant, and by
ex-Judge Marvel yesterday afternoon.
and Mr.. England closed.
In charging the jury Chief Justice
lore said the court had been asked TO
charge that the plaintiff could not re-
cover unless she was bitten in the sa-
loon. He said the court could not do
this, as the place WAS not material. If
the jury decided that the pIaintiff was
bitten by the dog and that McGOwen
had knowledge that the dog was Vi
cious, the verdict should be for the
plaintiff. Mr.. Hayes noted an excep-
ton to the charge.
After being out for about an hour
the jury sent word into the court ask
ing to be instructed regarding actual
and constructive knowledge. The jury
men also wanted to know if verdict
could be given the Plaintiff if the jury
did not believe McGOwen had knowl-
edge Cf the dogs vlciousness. They
were told that they could not After
being out a few minutes longer a YER
dict for the defendant WIS returned.
The court complimented Mr.. Eng
land for the able manner in which he
conducted the case.
"A jury was drawn to try the case
Of Anson A. AIaher VS.. Henry G.
Moore, which will be tried to-day. The
men drawn follow: Clayton Vanbula
Giles Lambson, f. w. Morris, c. McDe
Roberts, William NJ. Morrison, Price
DilwO. n, Z. l.. Davidson, ]. T. Holt
Levi S Naylor, Matthew Orouk, J. w
Roberts and John Peoples. The jury
men not empaneled in this cause wer'
discharged until Monday.
II. H. Ward and Lewis c.. Vande-
grift appeared before the court and
asked that writ OF alternative man
damus be issued to show cause VIII,
THE name Of William S. Edwards, Jr.
shouldnot beplaced on the books of th'
pilot commissioners. The rule wal
made returnable on December 10. Ed
wards is an apprentice and he seeks tC
have the date Of his apprenticeship
which he alleges began in 1892, place
on the books. The books now show
that his apprenticeship began in 1896
Francis II. HoffeclSer asked th'
court for a rule to set aside the de
fective deed Of the property now ownet
by John A. Lengel, at Fifth and Du
Pont streets. The property was sob
in 1859 by Abram Cannon, who wal
sheriff at that time. There is som
mistake in the deed and Mr.. Hoffecke
wishes 10 correct it. The application wa
granted. This is only the second cas-
Of the kind which has come before tn
court in fifty years.
Horace Greeley Knowles asked for
rule to show cause why the sheriff sal
OF the property of Alexander Boy
should not be set aside. The rule wa
granted returnable on Saturday.
Chref Justice Lore announced tia
the Court of General Sessions woul
take up the hearing Of the contests
liquor license cases on Saturday, De
cember 10. The licenses against whic
there were no remonstrances wer
signed by the judges yesterday after
noon.
Court opened at 1910 o'clock thi
morning. Prothonotary WooNey calle
the names Of the jurors, many Of whol
were absent.
Trial Of the case Of Anson r. MahC
VS.. Dr.. Harry Moore was begun. PETE
l.. Cooper. Jr., appeared fer the plair
tiff and William S. Hilles for the d.
fendant. The Jurors in the case wei
l. sworn and Mr.. Cooper opened his cas-
. He said that the action was one Of a
sumpsit brought on a promissory no
by the endorses against the maker.
"Tbe defendant was the maker
: this promissory note, which came in
: the hands Of the Plaintiff in due coun
l. of trade" said Mr.. Cooper. I'VE wi
! show to you that this note was ma'
on December 16, 1897, by Mr.. Moore, pa
able to one Robert A. Van Buren. I
e endorsed the note in blank and it can
e into the possession Of Mr.. MAher for
Ie valuable consideration. It has be-
70 protested and never paid.
IS Anson r. Maher was sworn. He sa
le that he resided in Philadelphia, al
lie knew Robert A. Van Buren. Aft
J. identifying the note and the signatur
thereto he said that he bought the nc
from Van Buren for a valuable consi