The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-01-10

proceedings on the minutes OF the |
court
Attorney Il. H. Holgate now present |
. himself before the court and made |
Il effort to have the hdbcas corpus |
.rd If the Jonn Gibbons contempt case |
..JlhL up for a hearing. After re- |
wing the history of the habeds cor
...... proceedings he made complaint
that the attorneys for thc other side
had failed to Obscry" Judge Smith
order to have the records of the case
certified to this session Of the Superior
court, and moved to dismiss the writ
and the proceedings because of this
failure.
Judge Rice. after Il short consultl-
tion with the other Judges, directed
Mr. Holgate 10 file his motion and con-
tinued the habeas corpus case untt
next Monday when the certiorari pro.
ceedings in the same case are sched-
uled for argument
Attorney J. II. Burns. Mr. GibbOrs
counsel wanted to know from court il
the certiorari proceedings would .ome
up next Monday. The case developed
within twenty days of the return day
for this district and under the rule
should go over until the next succeed
ing term which in this instance wCuld
be January, 1900. IT the case waS u
De argued this term in violation of the
rule he would like to nave notice of l.
So that he might begin work on his
paper book.
Judge Rice said he could not express
an opinion on that. The matter Of
when the case should come up vas
! one of the questions in the case and
would be argued. Until then he could
not advise Mr.. Burns as to what ne
| should do.
Arguments were heard in three Lu-
! zerne county cases. The first was that
/ of Richard and John Walsh against
| Harry Ashford, appellant Bernard Me
! Manus representing the plaintiffs, AMI
! j. i. O'Neil the appellant. 1t was an
! appeal from an order Of the court Of
! common pleas, discharging "A rule to
open Judgment on a note containing
Il confession OF judgment. Ashford
! bought Il team of horses and a wagon
from Welsh Brothers for $2i0. agree
| ing to pay for them in money and
stone from his quarry. When he
! thought he had the debt about liquidat-
ed ne went to Welsh Brothers to :iud
to be told that the payments he had
been making had been applied to the
store bill of his father. Alfred ASH
ford. The defendant was greatly dis
couraged by this Information and told
them he was ON his own hook and
wanted his payments to apply on mis-
own indebtedness. The plaintiffs agreed
to do this if he would sign paper
=
nothing on his own debt. He accepjed
and signed a paper which afterwards
turned out to be judgment note foi
$333 80. He began anew to pay off his
indebtedness and when he had $240 pait
in refused to pay any more, under al
wise of counsel. Then the judgment
note bObbed up.
The plaintiffs deny the alleged fraud
ulent practice and aver that AshfOrC
assumed the debt with his eyes wild,
| open.
AN OLD CASE.
The case of Joseph Martachowsi
against Peter Fallon. executor of tn,
estate of Frank OraWitZ deceased. ap
pcllant. which was argued here las
year and which was ordered to com,
up for rchearine, was the second cas-,
argued. George Troutman appeared fo
, the appellant and John n. Lenahar
John McGahren and Bernard McManu
for the plaintiff.
IT is an appeal from Il Judgment o
. $500 obtained by the plaintiff in "A dam
age suit. MartaChOwski in 1887 was
, recent arrival in this country an
: ignorant of our language and laws
+, | Frank Orawit2, a oompatriOt uf Marta
+ ! choWski. had been in the county som
: years and was conducting a saloon il
- Hazleton. He bargained to sell tn
T business to Nartachowaki, but the lat
ter declined to purchase because Il
was not citizen and had no liCcns,
Orawitz promised To fix those lit
matters all right. and taking him b,
> fore Squire Charles Schuter. natura
: lied him and transferred 10 him a
u old hotel license for which service TN
squire and Orawitz charged $50, 81:
apiece Tor the papers and $40 for II
license fee
= MartaChOWslli hung the spurious ma
:, uraliZation and license documents b,
hind the bar and proceeded to do bus
ness. \ constable came along and 7,
= turned him FOR double violation
Z the liquor laws He was tried, COZ
II victed and sentenced to three montl
i in Jail and $500 fine. He could not pa
the fine ana spent an additional thrt
: months in prison as a result.
D Upon his release he sued OraWitZ f,
e damages and received a verdict of $50
II The defendant appeals on the grour
e that while Orawitz may have bee
! guilty OF sharp practices on Mart;
~ chOWski. he was in nOWiSe legally +,
u spOnsible for the latter committing II
crime which got him into trouble: Il
~ fact that he was imposed upon did n
10 license him TO commit a crime. In 9th
'e words. the defense stands on the ~
ciple that ignorance Of the law excus
- nobody.
Ie The third case is still before Il
Of court. 1t is entitled +. j. Schwa
n. against Sarah Bickel appellant. S.
l. Strauss represents the plaintiff. an
e. John McGahren and f. 4. Lynch Il
defendant. 1t is an ejectment suit +
40 a 23-100 foot strip of land 50 feet
~ length, on Dennis alley, Wilkes Barr
~ The appellant bases her right to it
i7. adverse possession, under the statu
ce Of limitations. The plaintiff denies III
D and claims the land in question is wit
IN i'm the lines of his deed.
ne on the calling over Of the trial Ii
" in the morning the following cas-
io were reported settled: Emerald Ben
an fetal association against Villa
he Burke and others, appellants. G.
lie Luzerne: Martha Drinker and orhe
nd against James $. Wilson, appellant,
OF r., Columbia county BiXler * Corr
| II -