The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-16

Judge Cyrus Gordon. of Clearfield
county Is assisting the local judges
this week in common pleas court. He
Is presiding in court room No. 2, and
Judge II. Nj. Edwards is aga Il on the
bench in the main court room. When
the list was called yesterday the cases
not open for trial were marked as fol-
lows.
Continued-R II. McLain against
Gaige 4 Clements, interpleader; North
ern Coal and Iron company against
Scranton Gas and Water company,
trespass; Dr. w. F.. Brady against j.
$. King, appeal; Continental Trust
company against William II. Winton.
sci. fa.; w. b. Freas 4 Son against
James Flynn, appeal: Joseph Boher-
ach against J. o. Ackerman. appeal;
Charles Liebinstein against Jonas
Longs Sons, assumpsit May Jones
against George a. Summers, trespass.
Scttled-Patrick G. Walsh against
New York, ontario and Western Rail-
road company. trespass; Keating Wheel
company against stephen Jones, as
sumpsit: u. w. Palmer against I.
Goodman. trespass; William F. Van
Dyke against Collins-Ha Manufacture
ing company.
Referred-Pcoria Rubber Manufac-
turing company against NJ. i. Keller,
appeal.
NON-sUIT ENTERED.
Before Judge Edwards. in court room
No 1. the first case called was Arthur
rockingham against G. II. Welles. an
action in cjeCtment for the Lyceum
theater and the ground connected with
it. Mr.. rockingham did not appear
and was not represented by counsel.
A non-suit was thereupOn directed by
Judge Edwards. Later in the day an
other action in ejectment was brought
by Mr. rockingham for the same
property.
The suit of W. +. Smythe against
Mary Shamrock was next pat on trial.
The plaintiff sued to recover 500 which
he alleges is due him as d commission
for a loan he tried to obtain for her
on property she owns at Throop. He
alleges thats he was to get the COM
mission for trying to get the loan. The
defendant said there was no agree
ment as to price. she merely promis-
ing TO pay the plaintiff whatever his
services were worth for obtaining the
loan if he was successful. The case
went to the jury at 4 O'Clock. The
plaintiff was represented by Attorney
G.. H. Soper and the defendant by Aat-
tornev II. p. Hobar.
After the case went to the jury
court adjourned for the day. The
first case called this morning will be
| Mary A. Pelton against j. G. Cobb.
| an action in assumpst.
| In the case Of Joseph Kosges against
Mart Urovich. q verdict was taken for
| G tn, Go, g t,o ,,,ti IL,
the suit of Annie Gilbert against Larry
Campbell Il verdict for $3.50 was TAX
en- in favor Of the plaintiff. being the
| full amount of her claim with interest.
BY agreement a verdict for s2925 was
taken in the case of J. T. Brice against
| the city of Scranton.
THE FOURTH TRIAL.
The fourth trial of the celebrated as
sumpsit suit Of the Winton Coal COM
pany, limited. against the Pancoast
Coal company was begun yesterday be-
fore Judge Cyrus Gordon. of Clearfield.
specially presiding in court room No.
q S. Il. Price l. H. Burns and John
b. Ceilings represent the plaintiff. The
defendants attorneys are Willard, War
rem & Knapp and ex-Judge w. II. Jes-
sup
1t is a suit to recover coal royalties,
instituted in 1898. Judge Harold Nc
Clure. of Lewisburg. first tried it. He
took 1t from the jury and directed a
verdict for the defendant, ruling that
it was not an action in assumpsit. The
Supreme court reversed this finding ano
ordered a new trial.
| Judge Edwards next tried it and a
verdict was found for the defendant
but some defect was shown in the tria
and a new trial granted. Last June
Judge Purdy took try at 1t and after
a lengthy production Of evidence and
hours Of argument. the jury disagreed
The coal in dispute is situated in
Throop. One William Knapp settled
there on a 100 acre tract in the year
1908. He went away a couple of times
once i'm 1912, to fight the British, but
in 1880. more than twenty-one years
later, he was still in possession of thC
tract. In this year his interests wer,
sold at sheriff's sale and We're pur
chased by one Bidlack, who afterwards
assigned the sheriff's deed to Hermans
reserving, however, an undivided half
interest in the coal.
HERMANS ASSIGNED.
In 1882 Hermans assigned his inter
est to James Anderson, who in 1S4
purchased what he claimed was thr
legal paper title coming down from tn
commonwealth, and which all the tim,
had been in the possession of tn,
Fisher family, Of Philadelphia.
In 1851 a special act was passed I,
enable Bidlack's widow to sell his Ian,
and she sold his one-half interest (,
Price & Pancoast, who leased it to tn,
Pancoast Coal company.
Anderson held the surface and hi
half Of the coal until 1867. when he sol
to Allen Anderson. his son, and Jane
Savage, his son-in-law. A year or tw
later Allen Anderson sold his share t
w. w. and A. II. Winton. w. W. Win
ton sold his interest to the Wintol
Coal company, and now the court 1
asked to decide whether he sold al
eighth or a quarter interest
The plaintiff claims Allen Anderson
owned "a half-interest. The defendan
says 1t was only a quarter interest
The defendant company is now payin,
royalty on eight eights. The amour
involved is about $4,000.