The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-31

The plaintiffs side in the city banl.
case rested at AIS o'clock yesterday af-
ternoon after three days of the sharp
est kind of legal fighting, and the de-
fense through Major Warren, made its
opening to the jury.
Joseph II. Gunster, as assignee of the
bank, he went on to say, is sueing
on the cashiers bond to recover Sl2,-
G673l, which it is claimed was with
drawn irregularly. These bondsmen
were ex-Judge William II. Jessup, the
late DR.. h. II. Throop and the late
Squire Albert Beardsley, of Susdue-
hanna, father-in-law of George A. Jes-
SUP.
When the bank failed May 25, 1889,
j. II. Gunster was appointed assignee
and when he finished his examination
of the books he reported that the short
age of the cashier was $l36,000 in
round numbers.
The cashier was indicted for embez-
element and the depOsitors appointed a
committee to prosecute the. directors
for negligent management of the bank.
The directors STAYED off this prosecu
tion by buying in the depositors' ac
counts.
Some time previous to the failure,
Cashier Jessup secured options on val
liable coal property in the neighbor-
hood of Providence square Very
frankly and with commendabe honesty
he turned these over to the bank,
which realized nearly $4,000 on the
transaction. Squire Beardsley, and
eX-Judge Jessup, together with other
friends made up the difference and, in
the fall of 1889. wiped out, by the
payment. all told of $141 900 in cash,
the total Indebtedness of the cashier.
THE SURETIES PAID.
The three sureties in question paid
$4,000 of this amount, over twice as
much as the amount of their bond
In view of this, Major Warren con-
tended, the prosecution is unfair, un-
proper and unjust. At the time of the
settlement Assignee Gunster, the de-
poSitors' committee and the directors of
the bank Joined in petition to the
district attorney, which Office Judge
Edwards then filled, asking that the
prosecution against the cashier be
withdrawn and making affidavit that
every cent of Indebtedness had been
discharged i'm full. Further than this.
Mr.. Merrifeld who is sitting with the
plaintiff and who is their principal
witness, Major Warren said, stated at
the time if any further deficiency was
discovered he and the other directors
| would pay it.
The case of Lizzie Morgan against
Edward Mcdonald and Constable Da-
Wis of Olyphant, was on trial before
Judge Archibald at adjournment She
| sues to recover for household goods
which she claims We're illegally seized
by the defendants.
Her father, James Thomas, in 1894,
owed Mcdonald store bill of SIS. on
| the morning of June 90 at about 4
O'Clock, the storekeeper learned that
| his debtor was carrying his goods
| from the house and loading them into
| a Delaware and Hudson freight car,
with the intention of moving to Wilkes
| Barre. Securing the services Of Con-
| stable Davis, he attached the goods
| and afterwards bought them in al the
| constable's sale. Mrs. Morgans now
| claims that a large portion of the goods
| attached and sold belonged to her per-
scnally and that she gave notice of
| this to Mcdonald before the sale.
WHAT MDONALD ADMITS.
Mcdonald admits that Mrs. Morgans
| laid claim to a bedroom suite ard that
he did not attach it, but further than
this she never claimed any of the other
| articles until the present suit was
| brought Attorney Scanton. of Wilkes
| Barre, and Carpenter and Fleitz rep
resent the plaintiff. George d, Taylor
| and Joseph O'Brien appear for the de-
| fense.
The mandamus proceedings of NJ. j.
| Norton against the Dickson City Water
| company, resulting from the company's S
refusal to supply three of his houses
| in ThrooD with water, was reported
settled. The defendant agrees to pay
| the plaintiff $25, stand the costs of the
| case and remove the cause of COM
| plant, the plaintiff in return agreeing
| to withdraw the mandamus proceed
| ings and a case for damages which he
| had also instituted
Another suit was settled through the
|