The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-04-10


ont q Jury Trial-Anna Dickinson
Case Discontinued and the Bogart
Case to Be Dismissed-Judges
Acheson and Burlington Present.
The adjourned March session of the
Federal court of the Western district
the last that will be held in Scranton
| opened yesterday morning in the
Federal building. Judge Acheson. of
the circuit court and Judge Burlington,
of the district court, were both pres
ent.
The grand jury was called and sworn
and after Judge Burlington had
charged them as to their duties. they
retired to consider the bills presented
by United states Attorney y. Il. Helm
er. Charles ]. Harrison, banker, OF
Someset, was named as foreman.
The list of cases in the district court
was then called Only one was ready
for court. that of Martin Miglin. the
Archibald moonshiner. 1t was reported
to court that Miglin had made an
offer to pay the revenue license ana
costs, and that the internal revenue
Of the case. 1t was continued until an
order can be prepared for its final dis
position.
While waiting for the grand jury
returns. the judges took up the civil
list. The case OF Anna Dickinson
against Dr. James Ogelsby, trespass
on the case. which has been on the list
for number of terms, was reported
| settled by eX-Judgc Jessup. DIR.
OgelSby was charged with trespass be-
| cause he signed the certificate as to
Miss Dckinson's mental condition be-
fore her commitment to DanviIle asy-
lum.
THE CONTINUANCES.
Continuances were granted in the
cases of the Erie Railroad company
against William F. Dodge, and the
Keystone Coal company. assumpsit:
George Wilkinson against the Della
ware and Hudson Canal company.
ltrespass: Scranton Axle company
against the Sheldon Axle company,
trespass; Bridget Cheevers, ct al,
against the Delaware and Hudson Ca
nal company. trespass. The last three
cases We're continued for settlement.
The case of the Davis-Colby Ore
Roaster company against the Lacka-
wanna Iron and Steel company and
Henry Wehrun. was stricken off as
being improperly on the list.
In the case of Elisha A. Coray
against the New York. Susquehanna
and Western Railroad company. ct al.
arguments are to be heard on a rule
to show cause why the bill of COM
plant should not be dismissed.
The case of Margaret Russell. ct al,
against the Delaware and Hudson
Canal company. trespass. and the case
of Michael +. Walsh. executor of the
estate Of Patrick Butler. deceased,
against the Royal Union Mutual Life
Insurance company. of DesMoines. IA.
We're the only civil cases ready for
trial.
INSURANCE CASE.
The latter was taken up before Judge
Burlington. 1t is a suit to recover $40,
900 on an insurance policy. In October,
1896. Patrick Butler. of Edwardsville,
took out a. policy on his own life for
the benefit of his estate. paying a
first premium of s437. He died Jan. I,
1897. The company refused payment
on the policy on the ground that its
agent. II. F. Gwillim and its examin-
ing physicion, DR.. j.. r. Edwards. had
entered into conspiracy with Butler
and his heirs to defraud the COM
pany.
In the policy it was set forth that
Butler was 49 years of age and per-
fectJy healthy. The company contends
that he was over so years Of age and
so grevously afflicted with miners
asthma that his demise was at the
best only matter of few months
| ha
in trying to show that Butler had one
foot in the grave when he was in
sured. witnesses We're put OH the
stand who testified that some few
years prior to his DEATH Butler had
to give up mining and take a job as
door tender. because of his ill health
and that for five years previous to
death. he was stopped, hollow -chested
emaciated and when walking compelled
to move at a slow pace.
The case was tried in this court las,
year and Il verdict returned for the
plaintiff i'm the full amount of the
claim.
w. $. ard George Il. Mclean are at
torneys for the plaintiff. The defen'
dant company is represented by City
Solicitor G.. NJ. Watson and Nathaniel
NJ. Hubbard. jr., general counsel foi
the company and also for the Chicago
and Northwestern railway. Governor
jackson, of Iowa, is president of the
defendant company.
THE TRUE BILLS.
Following are the true bills returned
by the grand jury.
United States against $. !, Haynes, OF Iioga
county; making false ee,tRoaiion OF pension