The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-01-19


for the reasons set forth by the learned
| trial judge in his opinion. and that the
sentences were very merciful.
All the specifications are overruled, the
| judgments are affirmed and the record re-
mitted to the court below, to the end
| that the sentences imposed may be duly
| enforced And IL is ordered that the de-
| PENDANTS surrender themselves forthwith
| to the custody Of the keeper of the Jail
| of Luzerne county and serve out so much
| of the periods of Imprisonment prescribed
| by the said sentence as had not expired
| on June 80 1897. the day that the sup
ersedeas allowed on this appeal took
! effect.
| The other decisions were as follows:
Building Association VS.. wampole, re-
| argument: refused.
Forney vs.. Huntingdon Co., appeal;
| quashed.
Phillips vs.. Mutual Aid society, re-
! fused
! Zion church vG. Light. Lebanon county,
| re-argument ordered.
The following orders were also mude
| by the court relating to return days, etc:
An order fixing the session at Williams
| port to begin second Monday OF Fehru-
| airy.
Commonwealth vs.. Cobe Schuylkill
county; continued to Philadelphia, the
/
Order relative to depositions in appeal
of MfIiin county
The opinions of the court were as fol-
| lows:
BY Rice, p. J.:IIeller estate, Philadel-
| phia county affirmed; Porter, j., dis
sents. Commonwealth vs. Rogers Phila-
dephia county; affirmed. Leader vs.
Dunlap, Philadelphia county; affirmed
| Skinner vs.. Chase. Philadelphia county;
affirmed. Commonwealth W.. Yeisley,
| Lancaster county: affirmed
BY Wickhan. j.: Commonwealth vs..
| Spencer, Luzerne county; affirmed. Fit
| lcr's estate. Schuylkill county; affirmed
| Chester vs.. McGeoghegan, Delaware
county: affirmed. Bilber vs.. Bilber, Phil
| adelphia county: affirmed. Omensteller
! vs.. Kemper, Philadelphia county; af-
| firmed.
by Beaver, j.: Robinson VS.. Il. r. CO.,
| Chester county; affirmed. Rothschild VS.
| Mclaughlin. Delaware county; reversed
with a venire. Snyder vs.. Steinmetz,
| Northampton county; affirmed. Zine.
man VS.. Harris, Philadelphia county; at
| firmed.
BY Orlady j.: Collins vs.. Morning
! News Lancaster county; affirmed. Re-
ger VS.. Wiler Philadelphia county; af-
! frmed. Walkers License. Philadelphia
county; reversed, appellee to pay costs.
| Adams VS.. Noll. Berks county; affirmed.
| Commonwealth VS.. Mitchell. Somerset
| county: affirmed.
BY Smith j.: Estate OF Samuel Rog-
| ers, Lancaster county; affirmed. Myton
vs.. Wilson. Huntington county; af-
! frmed. Kelly vs.. Bann Philadelphia
county: affirmed. Ferree VS.. Young,
| Philadelphia county; affirmed. Newlin
W. Ackerly Bucks county; affirmed
| Commonwealth vs.. Hutchinson, Blair
county; affirmed. Clements VS. Bolster.
Lancaster county; reversed with venire.
BY Porter. j.: Insurance Go. VS.. Stor-
age Co. Philadelphia county; reversed
| Commercial Ice co. VS.. City of Philadel-
| phia. Philadelphia county; affirmed.
| Karahuta vs.. Traction Co, Schuylkill
county: affirmed. North VS.. York, Mont
gomery county; affirmed.
ONLY TWO APPEALS.
Only two appeals remained To be
heard yesterday morning and both
were from Wayne county. In one Of
them Castor w. Ames. Of Hawley,
appealed from the decision of Judge
Archibald, specially presiding, by which
he was directed to allow his wife S35
| counsel fees and $50 Il month alimony
during the pendency of divorce pro-
! ceedings which sne instituted against
| him.
the hearing was that he was not fin
ancially capable to contribute any
thing TO his wife. 1t was argued by his
counsel that he vas weak minded and
! that the position which he held as
cashier in his fathers bank was mere
| " given him to divert and occupy has
mind and that lady clerk transacted
the business Judge Archibald said
! in his opinion in the matter, that all
| this might be true but he was not pre-
| pared to believe il on the testimony Of
| feced.
Ames was filling the position of cash
! icr and it was no fault of his wife. or
those who are entitled to his support,
| if he is not receiving q cashiers sal
AIRY. The judge gave alimOny on the
basis Of the husband receiving a cash
ier's salary and from this the appeal
| was taken.
T.. p. Eimhle and II. Wilson argued
for the appellants. and w. IL. Lee ap-
peared for the appellee.
The last case of the test was that Of
| MCnner X Co. of HnneSdale against
the Delaware and Hudson Canal COM
pany, appellants. The company was
| carrying consignment of goods tn
HCnesdale for the plaintiffs. Among
the articles We're two barrels of New
| Orleans molasses. Al Carbondale
| while the molasses was being uucked
to the gravity cars the head of one of
the barrels was discovered to be leak
| ing and before the barrel could be
| turned on end the head gave way and
the molasses was lost.
JUDGMENT RECOVERED.
Menner x Co. recovered Judgment
| for the value Of the molasses before
Judge Purdy i'm Wayne county The
company held that the mOlasses had
| ferment"d and caused the barrel to
burst and that the accident was not
due 20 any negligence on the COM
| panS'S part. IL also COntended that it
was not an insurer of the goods. HON.
er Green argued for the appellant, and
| T.. i. Kimble and II. Wilson represent
ed the company.
The out-of-toWn judges left for their
respective homes on the early after
noon trains. Judge Beaver stopped
AT Wilkes Barre t. be the guest of
| Judge Rice fOr today. Court Crier
w. X. Taylor and Messenger Samuel
| Wilson will leave this morning for
| Philadelphia.