The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-03-17
WANTED MARTIN
CASE CONTINUED
JOHN BURLINGTON WILL GIVE
Hfs RULING TODAY.

04o 6UAA&0 VVOAx.
Ix-Judgs Jsssup Who 1sprsssnts
the Delaware and Hudson Canal
Company Presented AMdavits
Showing That Two Of the Import
ant witnesses for Defense Are Not
Able to Come Into Court-Physi-
clans for the Plaintiff Given the
Privilege Of Examining These Hen
Judge Burlington will decide this
morning whether or not the case Of
cchn T. Martin against the Delaware
and Hudson company is TO be con-
tinued. Judge w. H. Jessup made "a
motion yesterday for its continuan-s -
on behalf of the company. bit 1t was
strongly opposed by Maio- Eve r;t
Warren, Joseph O'Brien ond Nathan
vidaver, who are the attorneys for the
plaintiff. II the case goes to trial u
will probably take about week ia
dispose Of 1t.
Mr.. Martin is a member Of the Lack
awanna bar and on April I. 1899, was
injured while riding In Della are
| and Hudson passenger train between
his home at Olyphant and this city.
Hc asks damages in the sum of $780,
900. During the greater part Of the
time since the accident he has resided
at Easton, which was the home Of MS
parents and where he lived until he
came here to practice law at out six
six years ago. Yesterday he came in
t. court with the assistance of two
crutches. He was accompanied by his
wife and their two children and his
brother.
SELECTED A JURY.
When court opened in the morning
Judge Burlington suggested that Jury
be selected to try the Martin case.
that he might discharge the other jur-
ors on the panel. Ex-Judge Jessup
told the court that he might have to
ask for a continuance, as two Of his
witnesses were unable to come into
court and he had received a telegram
from Mr.. Carr, Of Albany. N. Y. who
is associated with him in the case,
stating that he would be unable to
come here at this time. Mr.. Carr Is
the general counsel OF the Delaware
and Hudson Canal company.
A jury was selected, but not sworn.
1t is made up Of the following: w. H.
Baumgardner, merchant, Wells Tan
| merry, Fulton county; A. B. Black, dep
uty sheriff. Bloomsbury. Columbia
| county; A. ]. Colborn, sr.. attorney,
Somerset county: James Curry, manu-
facturer. Waterside, Bedford county:
Robert w. Darragh, attorney, Beaver
Beaver county; Thomas 8. Hagerman
artist. Williamsport, Lycoming coun.
ty; Edward Hirsch, patrolman, Pitts
burg; Robert q. Madge, insurance
| agent, Mercer. Mercer county: H. H.
Mullen. editor. Emporium. Cameron
county; T. ]. Nichols, teacher. Orien.
tai. Juniata county; Herbert c. Ohm.
| county; James P. Weisel, farmer, Will
Transport, Lycoming county.
APPLICATION FOR CONTINUANCE
After the Walker case had gone tc
| the jury at 3.l5 in the afterno IN and
the court was ready to proceed with
the Martin case, ex-Judge Jessup made
a formal application for its continu-
| ance. He presented an affidavit from,
DR.. s. s. Shields, OF Carbondale, which
set forth that Alexander Copslari
| engineer Of the train on which Mar.
tin was riding at the time Of the a..
| cident, was injured on Tuesd1y,in the
| Delaware and Hudson round house al
Carbondale and it unable to come into
court. He also presented an affidav't
| from DR.. F. M. Van Sickle. Of Oily,
phant, that Martin Crippen. the claiE
| agent of the company, is Ill with ton
silitis at his Nome in Olyphant. He
| prepared the case and Mr.. Jessup saiG
he would be compelled to rely upo!
him good deal during the trial. HI
Is also an important witness and IN
defense could not afford to 60 to tria
without him.
| Major Warren and Attorney O'Brier
objected most strenuously to the con.
tinuance of the case. They said tina,
Crippen was around Thursday and
intimated that they had small faith
in his reported illness. They charged
that he had told the wife Of the plain.
till at Easton that the case would moi
be tried here at this term even IL hi
had to be sick. Major Warren urged
that the condition Of the plaintiff 1.
such that the case ought not to bt
continued, that II Crippen and Cope.
land cannot come into court their testi.
mony can be taken at their homes
Judge Burlington decided not to pasl
upon the matter until this morning
and in the meantime allowed physi.
clans for the plaintiff to examine Grip,
pen and Copeland. Their condition
1 uyf1 "a
THE WALKER CASE.
When court opened yesterday c. p
Jadwin was put upon the stand to of.
fer testimony in rebuttal in the cast
of Calvin Bruce Walker against the
Harvey Brothers. Of Wilkes Barre
The closing addresses to the jury were
made by Major Everett Warren and
Attorney w. A. Wilcox and at 3.4;
Judge Burlington completed his charge
and the jury retired. A verdict was
not returned up to the hour Of ad.
journing.
| THE DISTRICT COURT.
All Of the business of the distric,
court has been completed. and yes.
terday District Attorney Heiner anC
his assistants left the city. Marshal.
Clerk Iron will leave today and take
the prisoners with him.
| Judge Burlington yesterday made the
formal order placing Jacob Grone, tn,
young post Office burglar, in the re-
form school at Morganza.
Clerk w. r. Lindsay was called t.
his home In Pittsburg yesterday b,
death in his family.
| A Card.
| We the undersiRnod. de- herehv ora. ..