The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-09-24
BENkE ASKS
A DIVORCE
CASE HEARD BEFORE A JURY
YESTERDAY.
Libsllant Alleges That His Wife
Was Cruel to Him and Forced Him
to Leave His Home-Mrs. Benke
and Her Children Tell Quite a Diff
fersnt Story-Trespass Case of John
Corrigan Against the Scranton
Traction Company Is ON Trial.
Court Notes.

The second week of common pleas
opened yesterday morning. Judge j.
w. Carpenter is on the bench in No. |
and Judge II. NJ. Edwards in No. .
After the list had been disposed of the
trespass case of John Corrigan against
the Scranton Traction company was
put on trial. ON Dec. =, 1898, dt North
Main avenue and Dean street his wag-
on was struck by one of the cars of the
company. He alleges that three of the
wheels were knocked from under the
wagon, that the wagon was upset and
badly wrecked and the horse was SO
badly hurt that he had to give it away
The evidence on the part of the plain
tiff was being heard when court ad-
jcurned. Corrgan lives in North
Scranton and is represented by Attor-
neys G. w. Dawson and James O'Mal-
ley, and the company by Attorneys
Everett Warren and G. p. O'Malley.
Corrigan was tho only witness sworn
yesterday.
In No. 3, the divorce case of julius
Benke against his wife, Henrietta
Benke, was tried before Judge II. NJ
Edwards. Mrs. Benke and her five
children reside on Meadow avenue,
there for years. From the undisputed
testimony in the case, the couple have
quarrelled for years. In 1897 the chill
dren and Mrs. Benke got at the father
and husband and gave him an awful
beating. Since then, he has not lived
at home.
Benkc'S story was to the effect that
his wife Nuarrellcd with him and nag
Shn
quently refused to get his meals. ill
his dinner pail or mend his clothes,
and that she was also untrue to him,
being the mother of three children by
another man living in South Scran-
ton.
This charge was most vigorously de-
MED by Mrs. Benke. She said she had
bcen a good wife to him. had mendcd
his clothes. cooked his meals and cared
for him as wife ought, and that he
repaid her by coarse language, curses
and frequently blows. She said he
would drive herself and their children
out of doors in the dead OF night, and
compel them to seek shelter in tho
houses of the ncighbors. All of her
fvo children corrohoratcd their mother
as to the brutality of the father, and
also told of his refusing To work The
case was given ia the jury shortly be-
fore adjournment. O'Bricu n Martin
appeared for Mrs. Benkc and w. =.
| Hulslanior for her husband.
Judge Kelly yesterday morning
| charged the jury in the case of T.. T..
Ncttlcton against j. ID. Caryl put on
trial last week. \ verdict had not
been returned up to the hour of adj
| tournment
The first case on tho list yesterday
was T.. T. n. Edwards against Dr. :.
! r. LongstTert a trCspdss case. ON
| account Of the absence from the city
Of Alderman w. :. Mllar. the case
was continued. hut tho court directed
| that It be placed at the head of the
| list for one of the weeks OF the Mo-
vcmher term. other cases continued
We're: II. Goldsleger against Scranton
| Traction company. trespass; William
/ !. Lewis against Delaware and Iiud-
son company, trespass: Exeter Ma
chine works against Pine Hll coal
company, assumpsit; Elizabeth Car
mon against Scranton Railway COM
pany, treSpass; $. n Lewis and 9TH
ers against New York, ontario and
! Western Railway company, trCspassi
| Mary Walsh against Borough of Win
! ton, trespass. The case of J, George
| Hufnagle against the Pennsylvania
! Central Brewing company, dssunpsit,
| was allowed to go over, but viii he
! placed at the head of the list for the
! November term.
| The following cases were reported
settled: Owen Donnolly against +.
| Hagen & Son. interploader Walter
| Grcaves against Charles Bloes, appeal;
| Glynn Barrett against j. IL. Ritten-
house appeal. The case of Lena Shoe
maker against Lewis Thiel, trespass,
was stricken off the list,
Michael stafford not appearing To
prosecute his trespass case against the
Scranton Railway company a non suit
was granted. A non suit was granted
| for the same reason in the ejectment