The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-26

Counterfeiters from Forest County.
Noock and Duck Get Six Months
Each--Penaity Imposed on Hovis.
That Mrs. Mindwell Dolph acted
wisely when she preferred new trial
to accepting a $500 verdict in her case
against the National Accident society
of New York was attested yesterday
by jury again awarding her the full
amount of her claim, with interest
$4,7SS.56.
At the former trial a verdict for $4,-
800 was rendered. The defendant
company applied for a new trial and
Judge Burlington granted it. He made
provision, however, that if the plain
tiff was willing to accept $500 he would
allow it to be entered as the verdict in
the case. Mrs. Dolph refused to COM
promise and elected to have the case
undergo another trial.
In view of the fact that Judge Buff
fington declared in his opinion on the
motion for q new trial that the ver-
dict was against the weight of the evil
dence, the attorneys for the defense
We're greatly surprised at yesterdays
outcome. Another cause for surprise
was llldt lliey, dl ,lllt ldSl Ilp-
ment bit of evidence that it was
thought would drive the opposition to
the woods and surely clinch the case
for the defense
COMPANY'S CONTENTION.
This evidence was in support of the
main contention of the company that
the deceased, Samuel Dolph, received
the injuries which 1t is alleged caused
death, while he was working as a la
borer at the saws, which, being the
case, he was entitled to only $780, in
line with provision of the policy, in
stead of $4,000, the amount for which
he was insured as a superintendent.
The evidence was contained in let
ter written by Mrs. Dolph to another
insurance company, the New England
Mutual Life, in which her husband
was insured for $1,000. 1t contained a
clause explaining the manner of
Dolph's death, which read as follows:
when injured he was assisting at the
saw mill, removing a slab, when the
saw caught the slab and threw it
against my husbands face and knock
ed him over"
Mr.. Hawley, in closing for the de-
fense, laid great stress upon this
point, showing how it verified their
contention and contradicted in the
strongest possible manner the testi-
mony of the plaintiff, which tended to
imply that the deceased was simply
overseeing the work at the saws when
the accident befell him. Mr.. Hawley
spoke for nearly an hour and a half
and all the time held the closest at
tention of everybody present by his
really clever argument.
MIR. WATsON's ARGUMENT.
Mr. Watson's main argument for the
plaintiff was that the clause of the
policy which reads If the insured is in
jured while temporarily engaged" in
an occupation mora hazardous than
his regular employment he shall be
paid as per the rate Of the more haz-
ardous occupation, should not be so
closely construed as to be made to ap-
ply to the few brief minutes that Mr..
Dolph worked at the saws, conceding
for argument that he did work at the
saws.
The jury retired at 2 o'clock and was
out nearly three hours. The defense
will ask for a new trial.
A suit for $4,000 damages against
the Delaware and Hudson Canal COM
pany was called when the Dolph jury
had returned The plaintiff is william
Ford, a siXteen-year- Moosic boy,
who sues through his guardian and
uncle, James Butler, the well-known
hotel-keeper and eX-postmaster of
Moosic. O'Brien and Kelly and Col
f. j. Fitzsimmons appear for the
plaintiff and the company is repre-
sented by Jessup & Jessup.
OCCURRED NINE YEARS AGO.
The suit Is the result of an accident
which occurred nine years ago. The
Ford boy, who was then seven years
old, was returning to his home in
Stark's patch, to the east of Moosc,
at noon time on July %, 1889, after a
day spent at play in q field On the
westerly side of the Delaware and Hud-
son railroad. Arrived at the grade
crossing al Spring street he found a
Delaware and Hudson coal train stand
ms there blocking the roadway. He
waited for ffteen minutes. and when
there was no sign of the train prepar-
ing To move he attempted to climb
across the cars.
He had gotten as far as the first
bumper of the car which he had climb
ed upon when the train suddenly and
"iihpub warning 5ldTleu ana tnfe w
him 10 the ground and beneath the
wheels, The left leg was completely
AseVered and the right ankle was so
Yhadly crushed that it was only with
the greatest difficulty the foot was
saved. AS it is it is badly manned.
In the opening by Mr.. Kelly which
contained the above story of the acci-
dent, ii was contended that the COM
pany was negligent in not giving warm
inG of its intention to start the train.
CoMPANY's SIDE OF CASE.
The company's side of the case is
that the boy was stealing a ride and
when the train came 10 Spring street
a sudden jolt threw him off. 1t is pro-
posed to show that the Ford boy and
two Others were playing about the en-
gine when the train was lying in the
Erie and Wyoming Valley switch, that
the engineer and fireman who were eat
ing their dinner gave the lads some
sweetmeats from their pals and that
when they We're told to run away and
so home they started down the tracks
and bearded the train to steal ride.
The case viii likely take up all of
today.
Judge Burlington yesterday afternoon
imposed sentences on a number OF
counterfeiters convicted during the
week. Simeon lIovis, who passed
oil. lA1 in, LIN.