The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-09

SSAPNAy 80 SSO" VS. N~Ae~A'
Other Court Matters.
The appeal of ex-County Comnis-
,ioncrs :. w. Roberts, Giles Roberts
and John Dcrluth from the report of
the county auditors, surchargng the
commissioners with certain public
moneys which, it is alleged. wcr"
wrongfuly expended. was at the head
of the list of the term Of common
pleas court which opened yesterday,
but because of the absence of Judge
Albright, of Lehish county who was
to try the case. it was continued until
the next term.
The local Judges preferred that a
Judge from an outside judicial district
should try this case and Judge AL
bright was invited to come here and
accepted. He found it impossible to be
here yesterday. and consequently the
case went over until the next term.
This week Judge II. NJ. Edwards is
presiding in the main cov I room and
Judge r. w. Ar:'ILald in No. 2. When
the list for the week was called yes
terday, cases " e iisp, sed of as fol-
lows:
Continued Elizabeth McI.ain against
Gaige e. Clements, interpleadcr; NJ. a.
McCarty against Martin Scanlon, jude-
ment opened; Delaware, lackawanna
and Western Railroad company against
Bryan Biglin, cicctment; q. J. Chamber
lain against Wolf ~ Warren executors
and others. trcspuss: Mary McGinnis and
others against Scranton Railway COM
pany. trespass: T.. NJ. Strong against
John j. Fahey. appeal: II. Schoenleld
al lSh ln,in ntsfr ru mi
peal; Joseph Griffin against carl Schoen,
appeal: Michael Finnerty against John
Finnerty, eicctmcnt y. W. Soggs and
others against W. Gibson Jones and 9TH
crs. tresnass.
Refcrrco-Carrir Peace against Dr. W.
u. II. Bull. wages Frank $. Smith. re-
ceiver. against NJ. II. Keller. assumpsit; I;
Thomas G. Melvin against James Flynn.
appeal.
Scttlcd-'rhomas Henry against Evan
HOPKINS attachment execution; North
End Lumber company, limited against
West Ridge Coal company. trcspass.
CASES TRIED.
In the case Of Sherwood Brothers
against George H. Holfrich, agent. u
Judgment was returned in favor 81
the plaintiff for $l525o.
The first case called for trial in tn"
main court room was Michael Walsh
against Mrs. Mary Ann Moran. ana
her son. Thomas Moran. Walsh Is a
contractor and in 1898 entered into an
agreement with Patrick Moran. hus-
band of the defendant. to lay a flag
stone sidewalk and set steps in front
# Mrs. Moran's property on Seventh
street, this city
The work was not paid for and
Walsh brought suit before Alderman
John. of this city. and recovered jLdg-
ment for $685., the full amount OF his
claim. 1t was contended yesterday
that as Walsh has already sued the
husband, who directed that the work
be done and has obtained judgment
he cannot now bring another suit
against the wife for the same bill. II
S also charged that Wa'sh's bill Is eN'
cessivc. The jury was deliberating ~
the case when court adjourned. IN,
case with reference to the son wa!
taken from the jury.
The action of William Diggs agains
James Flynn was next put on trial
piggs is a colorrd man and was en-
ployed by Flynn as n teamster and als'
did some wh,cwashing. Altogether H.
claims about 81. Flynn denies tina
he is indebted to Diggs. alleging tina
are an offset to his claim.
In No =, before Judge Archibald. tn
case of II. NJ. Boies against B. Lev
was called for trial 1t is a disput
over the payment of a check drawn b.
Charles Wartowsky. which tinall
passed into the hands of Colonel Boies
While the facts We're being develope
IN the early stages of the case, JudG
Archibald made some remarks whic
he said he feared might have an eifec
on the jury and he therefore withdre'
a Juror and sent the case into IN
main court room to be tried. 1t WI
be the first case called this mornin
before Judge Edwards. Another Jur
will be selected
THE cONNOR CASE.
The next case called was Patric
COnnor, of PittstOn guardian of Mai
garet and Annie O'Boyle daughters G
the late Patrick O'Boyle. against tn
Scranton Traction company. The az
tion is for the purpose of recoverin
damages.
ON the nigh of June 49, 1896. Patric
O'Boyle was riding toward the city
one nf the companys trolley cars. q
Washington avenue near Larch stree
sheet of flame shot up from the cor
trolling box of the motor and so frigh
ened O'Bovle that he started for II
rear door of the ear. Next he wa
found lying on the asphalt pavemei
with his skull fractured. Whether
jumped or fell off has not as yet bee
shown in the case. He died in Il
I.ackawanna hospital two days late
The plaintiff is represented by A
torneys r. J. Duggan, f. e. Newcon
and l. u. Burns and the company |
Major Everett Warren and Attorn'
G. p. O'Malley. The two daughters
the deceased, ages II and II, sit
he table with their guardian. The
mother died about two years befo
their father.
Two witnesses We're examined We
terday. II. b. Hughes, for who
O'Boyle worked, and Frank Knigf
Mr. Hughes is the manager of bre,
cry at Pittston and said O'Boyle HI
worked for him for seven years befo
his death. He was healthy and ha
dy man and was sober and industriol
AT the time of his death he was wor
ing for Mr.. Hughes in this city delive
inv ale.
Frank Knight, of North ScrantC
and O'Royle were the only paSSengt