The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-04-07

A somewhat unusual and bold de-
fense was offered yesterday in the
trial of the case Of John Davis. of Tay-
lor, against the estate of the late owen
Cusick. 1t was nothing less than an
unequivocal allegation Of an attempt
to defraud.
MIR. Cusick in his lifetime had cx-
tensive business dealings with Mr.. Da-
Wis, each being in the undertaking
business and frequently, almost daily,
having occasion to rent carriages one
from the other. According to the aC-
counting at the time of Mr.. Cusicks
death in 1894, he was owing Mr. Davis
$65l. .55, and this amount the heirs have
offered to pay. Davis, however,
claims that in addition to this there is
owing to him $1,000 representing cash
borrowed from him at different times
by Mr. Cusick
EiG has no note or receipts to show
for it, but in substantiation of his
claim he offered in evidence his cash
book, showing the dates and amounts
Of the various loans, and also put wit
nesses on the stand who swore to hav-
ing been present at various of the
meetings between Mr.. Cusick and Mr..
Davis when the loans We're negotiated
and made, Andrew White. a former
employe OF Mr.. Cusick being among
them.
OUTLINE or THE DEFENSE.
The defense began by putting on the
stand y. II. Christy, cashier of the
Scranton Savings bank and Trust
company. who showed by reference to
his books that at the various times
1. ali,
loans from Mr.. Davis he had a cash
balance in the bank ranging from ST.
900 to $4,000.
Next it was shown by Mrs. Cusick
and Senator j. c. Vaughan, attorney
for the estate, that the claims for bor-
rowed money made to them shortly
after Mr.. Cusick's death differed very
materially from that on which the suit
is brought, Mrs Cusick alleging that
Mr.. Davis stated to her that it was
81 900 Mr.. Cusick had borrowed.
Lastly, it was pointed out to the jury
that the entries in Mr.. Davis cash
book were evidently made on the same
day instead of at various times, cover
ing a period of several years. Senator
Vaughan also gave testimony to the
effect that Mr.. Cusick's Washington
avenue property alone would cover all
his liabilities and leave balance of
| over $4,000.
The testimony was concluded at ad-
| journnS time. This morning the
| speeches of attorneys and charge of
| Judge SimOnton will be made. :. b.
Price and w. r. Lewis. of Taylor &
Lewis, represent the plaintiff. O'Brien
& Kelly and Hon. J. C. Vaughan are
| for the defense
ANOTHER CHARGE OF FRAUD.
Another charge of fraud developed in
! the case of Mccoy & Co.. of New York,
against Joseph Levy, trustee for the
| creditors of +. Moses, the Wyoming
avenue cigar dealer.
1t is alleged by the plaintiffs that Mr..
| Moses induced them to send him on
credit "A $3.50 shipment of cigars at
! time just previous to his failure, when
| he knew he was insolVent.
w. H. Jessup, jr., and A. V. Bower
are the plaintiffs attorneys. George 5.
| Horn and George D. Taylor represent
| the defense. The case was on at ad-'
| jOurnment.
| Megargel g. Connell, the Wholesale
| grocers of this city, and q. L. Waltz,
| one Of their customers, whose place Of
| business is at Newfoundland, Wayne
| county. We're the parties in a rather
! dry suit that took up all of Judge
| Archbalds day. Megargel & Connell
| sue on a bill for $3.50 for merchandise
Waltz puts in an offset of $240 for fifty
! tubs of butter. The plaintiffs deny
that they ever received the butter, and
on this contention the suit turned.
Major Everett Warren and Hon. c.
| =. O'Malley represented the defense
while Hon. w. w. Watson and w. S.
Diehl looked after the plaintiffs inter-
! ests.
! The jury in the case of Williams
| against the Crystal Lake Water COM
| pany went out at o'clock, but up to
| adjourning time had not reached an
agreement.
| Fifty-three cents was the amount of
| the nominal damages awarded against
| II. Zeiltz, the defendant in the Ran
! som COW case.