The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-03-31

one of the twelve jurymen hesitated
about SO finding. He came around to
the others way Of thinking at $50
o'clock, yesterday morning. after they
had been out since $50 o'clock the
previous evening.
Shortly before 10 o'clock they came
in and reported verdict for the de-
PENDANTS. The foreman stated to
Judge Savidge that one Of the jurors
wished 1t announced that he only
agreed to the verdict because he didn't
want to stand out any longer against
the judgment of eleven of his peers.
Judge Savidge silenced the fireman
before he could finish his exclamation,
saying I'VE don't want to hear any.
thing about that. A Jurors rea on for
reaching a verdict does not concern
u.s." The Judge added that the verdict
was entirely satisfactory to the court.
The trial was begun Marcn 10. one
week ago last Monday, and was ac-
tually in court nine days all tol1.
Dealing as 1T did with one hundred
and thirty-five different items Of sur
charges footing up a total of s16,500, 1t
can be seen, without much argument,
that 1t was a decidedly tedious case.
JURY OF TAXPAYERS.
That the commissioners succeeded in
satisfying the court and a Jury of the
taxpayers of the county that not d
single one of the surcharges should
be sustained will cause mary to be-
lieve in the claim that the eX-con-
missioners made from the outset that
the surcharges were not wholly free
from the taint Of political prompting
Whether they were or not, they sue
ceeded most effectually in accom-
plishing the defeat of two of the COM
missioners who sought reelection.
Hon. John P. Kelly, eX-Judge II. A.
Knapp and Hon. c. p. O'Malley were
attorneys for the commissioners. The
auditors were represented by II. NJ.
Hannah and f. c. Newcomb. \
In the case of Stuart Cutler against
the Scranton Railway company, the
jury awarded verdict for the plain
tiff in the sum of $50. He ,GIed for
! $1,000 for permanent disability. al
legged to be the result of being elected
violently from a trolley car. The de-
fense was that Cutler was drunk and
profane. and assaulted the conductor.
l. II. Burns and George w. Beale rep
| Warren appeared for the company.
In the trespass case of Attorney D.
B. Replogle against Arthur Frothing-
ham, the jury found in favor of the
| plaintiff in the sum of $1,250. Mr..
Replogle sued for $4,000 damages to
| his reputation and loss of business re-
sulting from alleged malicious and un-
| warranted arrests on charges pre-
| ferred by Mr.. rockingham.
AFTER A VINDICATION.
The principal thing Mr.. Replogle was
| after was a vindication. but he pro-
poses to proceed to get everything
else that is coming to him. In a
case Of this kind defendant must
pay the damages or go to Jail for
sixty days, providing the plaintiff
pushes the case and is willing to pay
the prisoners board.
| Joseph O'Brien and James II. Tor
rey represented Mr.. Replogle. f. w.
| FrOthingham' counsel.
| A verdict for the defendant was re-
turned in the case OF John A. Lee
against Caroline Hamilton, in which
brother sued his sister on a $500 note
1
| carrying out Of an agreement to care
for him during the remainder of his
Gays. She says she discharged the
obligation and should not be called
upon to pay the note. practically, a
second time. H. d. Carey represent
ed the plaintiff and X. A. Zimmer-
man the defendant.
The case of Mary ]. Duggan agains,
the city of Carbondale. was given
to the jury Just previous to adjourn
ment. II. c. Butler and /. H. Burns
represented the Plaintiff. and City So.
licitor r. ID. Stuart, the defendant.
The plaintiff was awarded $500 by q
board of viewers for damages done hel
property by reason OF lowering the
street grade in front of her property
between two and three feet.
She refused 20 accept the award and
took an appeal.
| DEFENDANTS CONTENTION.
ages Were trihing. Previous to tho
grading the level OF the Duggan LOT
was five feet above the street and was
reached by slarting path. To add
two or even three feet to this ascent
was not such a damage as should cal
for a big award, 1t was contended.
Judge Archibald disposed of twc
cases iE the main court room, leaving
untried only one open case, that OF
n. A. Hubert against j. h. Lesh
which will be disposed of today. a
jury having already been selected and
sworn.
The case of f. u. Huntington agains,
J. d. Williams was the first to be tried
By Judge Archibald. 1t was a suit to
recover 4 rent claim.
When Mrs. Huntington succeeded Il
her deceased husbands business in the
Williams building on Washington ave-
nue.. there was OWNS for rent s44o
When the business was moved &c
Spruce street the rent for the time Il
was in Mrs. Huntington's name was
all settled but the rent due at the time
all settled, but the rent due
at the time she took charge
was not settled. The landlord de.
strained the store goods and Mrs
Huntington appealed. The appeal was
sustained, the court agreeing with At.
tornek George ID. Peck that the good:
OF dead man cannot be destrained.
CLEVELAND CASE.
The case of r. ID. Cleveland against
Thomas r. Palmer was given to the
jury by Judge Archibald at 8 O'clock
1t Is suit to recover a b ok accoun,
of 1854, which the aeSendan. Gwed A.
s. Cleveland. and whlcn was assigned
with other accounts to his brother, the
plaintiff, who Is a wholesale merchant
of Baltimore.
| Aaf
puts In as~an offset two notes amount.
II ing IN S1hHA0 apainut A q ClavaIo ~