The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-04-25

decisions given in TINS county Neie
affirmed.
The case of the greatest interest is
that of the commonwealth against Jo-
seph Keller, who was tried and con-
victed of the killing of Peter Mayer
at Dunmore on July 81, 1898. Keller
was indicted for murder in the first
degree, and at the December sessions
was put on trial before Judge II. Nj.
Edwards. On Dec. II, 1898, he was
found guilty of manslaughter and
recommended to the mercy of the
court
On Dec. Il, 1898, he was sentenced
to pay a fine of 81, costs and undergo
an Imprisonment in the Eastern peni-
tentiary of five years and six calendar
months. The same day a rule for
new trial was refused. and on Dec. %
an appeal was taken to the Supreme
court. On Dec. 81 an order was Sc
cured from Justice Dean for the admis-
sion of Keller to bail pending the dis
position of the appeal, and the same
day he was released from the county
Jail under $1,000 bail entered before
Judge Archibald. Keller's bondsmen
are Theodore Keller. NJ. r. Keller and
Alfred Keller He has since been at
liberty.
WILL BE BROUGHT IN.
AS soon as the judgment of the Su-
premc court is received here Keller
will be brought in and resentenced.
District Attorney Jones stated yester-
day that it will be necessary to go
through the formality of resentencing
II oil \, 80
has been at liberty would apply upon
his sentence, reducing it that amount.
The case was tried by District Attor-
ney Jones, and the able argument be-
fore the Supreme court was also made
by that gentleman. Attorneys John NJ.
Harris and John F. Scragg defended
Keller.
The Scranton Traction company will
have to pay the verdict Of S4670.S3,
awarded by jury to Mrs. Susan B.
keator, of North Scranton In 1895
Mrs. Keator came down from North
scranton on car and secured a trans
fer to South Scranton. Some repairs
were being made on the tracks at the
intersection of Wyoming and Lacka-
wanna avenues. and when the South
scranton cars reached that point the
trolleys were reversed. While Mrs.
Keator stood at the intersection with
her transfer IN her pocket a conductor
started to change the trolley of a South
scranton car that had just arrived.
The pole broke and struck Mrs. Keator
on the head and shoulders, innicting
severe injuries.
When the case was tried here before
Judge j. Is. Mcpherson, specially pre-
siding, he ruled that though Mrs, Keat-
or was not on a car at the time of the
accident she was a passenger by virtue
OF her transfer. Lest he should decide
on more mature consideration that he
was wrong in that ruling he decided to
allow the jury to say whether or not
the company had used ordinary care in
twisting the trolley around. The Jury
decided that it had not. The supreme
court has decided that this finding was
proper and the verdict will stand. At.
torney S. b. Price, represented Mrs
keator, eX-Judge Knapp tried the case
for the company and Major Everett
warren made the argument. on be.
half of the company before the supreme
court.
COAL LAND CASE.
In the case of the Hillside Coal and
Iron company against II. NJ. Streeter
executor of William Pitt; +. A. Herr.
mans, George Waters, Frank IT
Okell and Fred w. Fleitz, the Judgment
or this court, which was in favor OF
the plaintiff company, was sustained
a large tract of coal land in the valley
north of Scranton was the matter al
issue. Willard, Warren & Knapp ap.
peared for the company
William Williams, Of Carbondale
was plaintiff, and the Crystal Lake
Water company defendant in another
Lackawanna case, affirmed The vic.
tory is for the defendant company.
The suit was in trespass for taking
down fences, entering on land anC
quarrying and taking stone. The de,
fendant purchased the stone of L. II
Alden, who owned the land at the time
it was removed. The plaintiff received
deed from William Collins who pur,
chased a portion of the tract at ia,
sale in 1852, for taxes assessed in lS7!
and 1880.
The land is part of the Solomon Eli!
tract which lies partly in the county
OF I.ackawanna and partly in Wayne
In 1878 the portion in Lackawanna
county was assessed as containing one
hundred and fifty acres. Alden paiC
April 20. 1882, the taxes on seventeen
acres. In 1880 the same land was as
sessed as containing one hundred ant
twenty-five acres. Alden paid taxes OF
seventeen acres for that year. Tha
portion Of the acreage upon which
q gp
1882, by the treasurer to William Col
lins. Collins sold portion of the land
to the plaintiff.
All the land in the Solomon Ellis
tract in Lackawanna county was
claimed by Collins and Williams and
they endeaVored to take possession
The number of acres in Lackawanni
county is less than one hundred, prob
ably about thirty. I'M 1891 Alder
brought suit in trespass against Col.
lins and also like action against
Williams.
on the Goth Of October, 1898, Alder
sold Williams the land for $500. The
agreement was written and 1t con.
tanned this language: Deed to be quit
claim" This deed to be in settle.
ment OF all suits between said Aller
and Williams in relation to said land.
SET ASIDE VERDICT.
The defendant maintained that wher
the case was tried here before Judge
Simonton the court ought to direct q
verdict for the defendant, first, be,
cause Alden and Williams had settled
the subject of the suit and the former
was the real defendant: second. the
plaintiff and his grantor obtained title
by tax sale. The taxes We're paid or
seventeen acres and no portion of the
land had ever been set off to the treas