The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-11-27
BOTHER OVER
BASSETT POND
RIGHT OF PrsCARY ATTAINED
BY PRESCRIPTION.
That's What the Defendant in the
Gibbs Against Sweet Trespass Suit
Says He Has and on That He Will
Make His Defense-Another Troll
ley Company Case settled-Arthur
rockingham Fails to Appear to
Prosecute His Ejectment Case for
the Lyceum Theater.

Hasset's pond up in Benton town.
snip. bids fair tn become quite as fam
GUS as n source of law suits. inspra-
ton of poets. etc, as its ncighbor, the
celebrated Baylor pond
The late L. G.. Gibbs, who had Il
paper title from the Commonwealth to
most Of the pond and claimed title to
the remainder of it by purchase or
lease from squatter owners, did con-
siderable lawing with the adjacent
property holders about the right os
fishing and the like and two years
| ago II number of them came back at
him with II suit to prevent him from
exercising "the right OF flow" or, in
! other words. from damming up the
outlet to raise the water for mill pur-
poses. Gibbs won out and upon the
strength of this verdict proceeded to
| exercise full and complete ownership
| of the pond.
One DR.. Wilton Sweet. who persisted
in fishing in the pond, was warned to
tiesist and when he refused Gibbs
brought trespass suit against him
to recover $500 damages. After the
bringing Of the suit, Gibbs died, but
the suit did not die with him. His
two sons. George q. and Herbert g.
| Gibbs. had themselves substituted as
plaintiffs and after several delays. sue.
| ceedcd in getting the case to trial yes.
terday before Judge Edwards in the
main court room.
Attorney w. w. Baylor, son Of the
! Baylor. OF Baylor pond fame. who, as
| may be believed, is an expert In these
cases. and S. B. Prizes are represent
ing the plaintiffs. Attorney Aaron
Augustus Chase, whose Benton home
is on the shores of Bassett's pond.
and his partner, Attorney James Ma
hon, appear for the defense.
PROVING PAPER TITLE.
Yesterday was given over entirely
to proving the plaintiffs paper title
| and an examination OF Il map Of tne
| pond, made by County Surveyor \. -
Stevenson. Judging from the occr-
pants of the witness seats. some in
teresting testimony is to be expected
when the oral examinations are be-
gun.
Mr.. Sweet will defend on the ground
| that he attained the right Of piscary
| by prescription. Just what this is will
| develop today. Around these parts.
that's rather Greeky, but up Benton
| way any child can tell you all about
| it.. Nrom 4 rurscry inquiry among
| the attorneys. it was made to appear
| that it is to Il body of water what
! squatter sovereignty is to land. If "a
man has tished in pond. for instance,
| for twenty-one years. without molcs-
taton. and has done his fishing OPEN
| ly. adversely and nn:oriously. he can
keep on fishing in that pond as long
| as he sees III. no matter what changes
of ownership the pond may undergo.
incidentally. it will be contendecl that
Mr. Sweet did mis- recent fishing from
off u promontary that Il third party
| owns. and not from Off the Gibbs
land.
Arthur rockingham again failed to
appear to prosecute his eiectment suit
for the T.yceum theater against Charles
| Fl. Wclles, trustee. and again I non
suit was granted. When the case was
| last up for trial. 4 year ago, Mr.. FrOth-
| ingham, by his non-appearance. suf-
fcred o non-Suit, but Il few hours later
| instituted a new suit. This new suit
| was regularly ordered on the trial list.
but, as in the previous case. Mr..
| rockingham was not at hand to back
! his claim. Welcs g. ,,Torrey- and Will
| lard. Warren e. Knapp represented tho
defendant,
Other cases in which ndn-suts We're
entered because of the failure of thu
plaintiff to put in an appearance, We're:
| Martin Furry against Mulherin &
Judge; NJ j. Mangan against r. G.
Filgcr, and Annie G. ZOplenski against
Frank Sygneka.
| BEFORE JUDGE KELLY.
The suit of Mary McGinniss and her
husband. Michael McCinniss. against
the Scranton hallway company, was
settled before Judge Kelly. The dc.
! fendant agreed to give Mrs. McGinniss
$500 and her husband s25. each party
| to pay its own costs, and this being
acceptable to tho plaintiffs, a verdict
to that effect was directed i De en-
| tered.
| Mrs. McGinniss was injured in SEP
| tember, 1899, by the derailment Of O
! Bellevue car, on which she was a pas
! senger. She sued for $4,000 damages
and her husband asked to be recon-
pensed to the extent of $1,000 for the
loss of his wife's services and the
expense to which he was put in car
! ing for her.
! Hon. John. p. Qainnan and NJ. j,