The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-10-11

witness. He worked for Mr.. Nesbitt
and was going by the Terry place at
the time of the quarrel. He corrobor-
atcd the testimony Of the section men
and further said that he was present
at the hotel barn in Falls one day
when James Terry and his brother
were there. They had been qtiarreliing
and James said he would fix him some
time. Dldn't say how lie would hx
him. This was about month before
this AFFAIR. At this point. court adj
journed.
The first witness at the afternoon
session was Lily Gardner. who lives
with James Terry. She was there at
the time the stabbing took place. She
said both men came home intoxicated.
That they had some words In regard
to some property which ID. Terry
owned. That they got into Il quarrel
over that and that both grabbed an
oar from q pair standing against the
house and started to fight. They were
parted by Mrs. Terry and that then
they separated, each going into the
house. That soon after that they came
together again outside the house and
d. Terry took James by the throat and
choked him. They struggled for .
time. and then they went down, with
D. Terry on top. While they were
down, she heard James say, Nov will
you get up" and that then he did get
up. and she saw that James had
knife. She didn't see the stabbing. but
saw that 1t had been done. D. Terry
then walked into the house and laid
down and they sent for the doctor.
James Terry was next called. He
was the son of James Terry and was
present at the time Of the stabbing,
and testified practically as Nellie Gard
ner He saw his father stab D. Terry
while they were on the ground. Said
his fathers face when he got up was
black from the choking and marks of
the fingers were left on his throat next
morning. Commonwealth tried to
show by this witness that he and Mel
lie Gardner had made different state
ments in regard to this matter when
examined by the district attorney in
regard to 1t previous to the trial, but
on objection of defendant, court would
not allow 1t. The witness further tes.
titled that D. Terry and the defend
ant were not together at any time
during the interval between the two
visits Of DR.. Kress.
Nellie Terry, daughter Of James Ter
ry, was called and was on the stand
at the adjournment Of court
COURT MINUTES.
Eva A. Thomas Vs. George L. Thomas, divorce;
decree granted
In the matter Of the sale Of the real estate
OF William Langley, for the payment Of debts:
Return to order Of sale filed and confirmed
IN the matter Of the sale Of the real estate
OF F. W. Dewitt for the payment OF debts:
Return Of sale filed and confirmed.
In the estate Of Samuel Stark, late of Nichol.
son, deceased on petition OF L. II. Stark, admir-:
Court makes order for sale Of real estate for
the payment OF debts. bond to he given in sum
OF $1,000.
The following road views have been filed and
confirmed nisi Road in Northumberland township.
near Elizabeth Frempters, view to vacate; road
in Windtam township from point line Of
Byron W. Smith and Jacob T. Williams to road
leading over Golden Hill to Mel,oopany; road in
Falls township. leading from Falls to Post HILL
Commonwealth VS.. VIM. !. Avery, charge as.
sault and battery, grand jury find mot true
bill"
Commonwealth VS.. Howard Moss forncation
and bastardy: true bill, and on motion OF Henry
Harding. attorney for defendant, the first count
OF the indictment charging seduction is quashed
Commonwealth vs. Ella Harding, aggravated
assault and battery; true bill.
Commonwealth VS.. Lloyd Newell, aggravated
assault and battery; true bill. On leave Of court
a mol pros. is entered and defendant pleads guilty
to assault and battery.
Commonwealth VS.. John Allen. highway rob.
berry; true bill.
Commonwealth vs.. O. II. Newcomb, false pre-
tense; true bill.
Commonwealth vs.. Claud Dickinson, fornica.
tion: bill ignored and costs placed upon prose.
cutor, Daniel Rosengrant.
In the matter of the estate Of Betsey j.
Strong. deceased. On petition Of ]. F. Hitch.
cock. admr, court orders sale OF real estate for
payment Of debts, bond to be filed in sum Of 5000
In the matter of the transfer Of the farms of
Henry Often, JamcA Estus and the farm known
as the Preston farm, all in Forksto7 township,
to North Branch township for school purposes:
Return of viewers filed and confirmed nisi.
Robert Avery and Charles Smith were this
morning appointed extra tipstavcs to wait upon
the jury in the Terry case.