The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-11

He began operations in the arbitra-
ton room in the afternoon, where the
case of Fredd Hugg against Hagen &
Son was called.
In 1896, Fred Hugg leased, so 1t Is
claimed, a lot of property. including
horse, to T. w. Hankeys with the agree
ment that when he had paid rent in a
sufficient amount to cover the value of
the property he should own 1t out
right.
Before the expiration of the lease
Hankeys confessed judgment to DR..
Wilbur, Of Moscow, whereupon DR..
Wilbur issued an execution, had the
sheriff sell the property and bought II
In himself.
The doctor subsequently sold the
horse to Hagen & Son and now Hugg,
the original owner. is claiming the
horse. under the contention that there
was no sale to Hankeys. but simply
a lease. The case was called for trial
previously, but owing to a technicality
it was interrupted. c. II. Soper ap-
pears for the plaintiff and George d.
Taylor for the defense.
THE CoNNOR CASE.
All Of yesterday the Jury sworn TO
try the case of Patrick Conror. of
Pittston. guardian of the minor daugh-
ters of the late Patrick O'BOylc, was
bombarded by expert testimony in
troduced for the purpose of showing
that the flash which it Is alleged
frightened Patrick OBoyle on June -,
1896, and caused him to fall or jump
off the car and resulted in injuries that
led to his death. is in nowise dangerous
and not an indication Of any defect ir
the machinery.
When court opened in the morning
Thomas Mullen the master mechanic
of the Scranton Railway company,
again took the stand and was subject
to a very rigorous cross-eXamination
at the hands Of the attorneys for
plaintiff.
General Manager Frank Silliman n
testified that the Westinghouse con-
troller which was used on the car
on which O'Boyle was a passenger,
was the best known in 1896 and is the
best known in the world Of electricity
today.
Elias NJ. Jones, of Wilkes Barre, was
engineer at the power house of the
defendant company in June. 1896. He
said there was no short circuit evil
dent at the power house from the
Washington avenue line on the night
of June 10. II the short circuit had
been serious or lasted for any length
of time the fuse would have burned
out in the power house and that would
have been recorded in a book kept for
the purpose.
EXPERTS TESTIFY.
George w. Millington. Of Whining
ton, Del, who in 1896 was chief engl-
| neer Of the Scranton Traction COM
pany. gave similar testimony with ref
| erence to the absence Of any report
| Of a short circuit from the Washington
| avenue line on the night of the acci-
dent. He said flashes from the con-
troller box are Of frequent occurrence,
but are never dangerous. Up to date
no means Of preventing these flashes
has been discovered.
Frederick Platt, of the Scranton
| Electric Construction company, and
John Duffy. chief mechanic for the
| Scranton Illuminating Heat and Power
company, gave similar testimony.
They said the light from these flashes
might brightly illuminate the front
platform of car. but the fame could
not possibly extend for more than a
few inches outside the controller box.
These opinions were reinforced by
that of f. A. Wildt, the chief engines,
of the Scranton Railway company. He
was quite positive that person stand.
ing two feet from the controller box
could not have his coat burned.
Charles Ball was walking along
Washington, avenue on the night of tht
! accident and saw one flash in the from
Of the car. 1t was not a very large
flash, as he remembered it.
Michael Lynch, one of the most ex
perienced motormen in the employ OF
the Scranton Railway company. test!
fled that flashes from the controller
box are frequent and harmless. HI
described how they are caused. Aftel
his examination was finished, court ad
| journed for the day.
In the main court room the greater
part of yesterday was consumed in tn,
trial of the case Of John S. Miller
against the Interstate Casualty com
pany, which was put on trial Tuesda,
before Judge H. NJ. Edwards.
WEAVER'S TESTIMONY.
The first witness put on the stant
after court opened was George Weaver
who was the local agent Of the defend
ant company at the time Mr.. Mille
was insured. che company wa,
at first inclined to refuse tD accept Mr.
Miller as a risk. but they eventual,
sent a policy to him, which embraced
any injury he might sustain in serv
ing civil writs in his official capacit,
as constable. Mr.. and Mrs. Lee w
Nichols and the wife and daughter O
the plaintiff gave unimportant evi
dence and the case was given to tn
jury with what practically amounte,
to instructions to find for the plaintiff
their verdict to be subject to a reserve,
point as to whether or not the evi
dence Of George Weaver, the agent
was sufficient to show that the com
pany actually did waive the provision
printed on the back of the policy +
the effect that the company would no
be liable for injuries Intentionally in