The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-02-15


fnmcd
Kelly against Donney; affirmed
levin against PAUL.; affirmed. COrlady dis.
scnts).
Ruddy against Repp; affirmed
Harding against Rcpp; affirmed.
Rcploglc against Singer; affirmed.
kisolusky against Gilboy; affirmed
The decision in the case of the COM
monwealth against Beale means that
unless the defendant, Attorney George
W. 3eale. can find some new way of
haltina the operations of the law he
will have to go to Jail for six months
pay Il fine Of S1OO and restore the $1,525
which it is alleged he embezzled.
Mr.. Beale was made executor of the
estate of r. K Ellis, of Dalton, on the
death of the latter in 1894. There was
an account standing to the credit of
the estate in the First National bank
of $4,I9S.05. Before the year was ended
Mr.. Beale had checked out the cash to
himself. Under the terms OF the will,
the estate was to be divided in three
portions, one portion, amounting to
S1,525, to be paid to the sister of the
deceased, Mrs. Esther Meade. and the
other two portions to the children of
his deceased brothers.
Bl1ALE WAS INDICTED.
Mrs. Meade died shortly after her
brother. The administrators of the es-
tate kept demanding her share from
Mr.. Beale for three years and failing
to get him to fulfill his repeated prom
ises to pay had him indicted. May q,
1898. He was tried Dec. 10, 1899, and
found guilty of embezzlement.
His defense was that he invested the
money in a coal company in which he
was Interested: that the investment
was made at the direction of Mrs.
Meade, and that he stood ready to turn
over the certificates of stock which the
money had purchased. The stock is
worthless.
An effort was made by his attorneys,
John +. Scragg and r. H. Holgate, to
get a new trial, but Judge Archibald
refused it. Exceptions We're taken to
the sentence and an appeal made to
the Superior court The appeal was
allowed to act as a supersedeas, and
Mr.. Beale retained his liberty pending
the appeal. George NJ. Watson was
private counsel for the prosecution.
The opinion affirming the finding of
the local court was written by Judge
Beaver.
In the case of George w. Potter ct al,
against the Scranton Railway company,
the decision of the superior court af-
firms the action of Judge Kelly in
directing a verdict for the defendant
Notwithstanding the finding of the jury
in favor of the plaintiffs.
The plaintiffs sued for damage done
to a team and butcher wagon by being
hit by trolley car near the corner
of Washington and Richmont avenues.
The defense alleged contributory negli-
gence. Judge Kelly allowed the case to
go to the jury, reserving the question
as to whether or not there was con-
tributory negligence. 1t was argued
before the three judges and the motion
of the defendant for Judgment notwith-
standing the verdict was allowed.
Willard, Warren & Knapp represent
ed the defense. George NJ. Watson, I.
II. Burns and ]. w. Browning were
attorneys for the plaintiffs. This is the
second time the elder Potter has been
defeated in a trespass suit against the
trolley company The opinion of the
superior court was written by Judge
w. w. Porter.
kELL y -DON NELLY CASE.
The same judge wrote the opinion in
the case of Ellen C. Kelly against
James II. Donnelly. This is suit over
the location of a line fence, involving
about an inch strip of land. The late
Judge Gunster declared in favor of
the plaintiff. The superior court af-
firms his finding W. s. Huslander
was the attorney for the appellee, and
Z. p Duffy for the appellant.
In the case of Charles Levin against
the PAUL. estate, Judge Beavers opin-
ion afiirms the verdict MI. levin
was given by jury for injuries sus-
tained by falling down stairway in
the PAUL. building on Lackawanna ave-
nue., where he had an office on the sec
ond floor. The accident was alleged to
be due to the faulty condition of the
stairs. The defense was that the
plaintiff under the terms of his lease
was responsible for the condition of the
stairway, ana that 1t was not clearly
established that the condition of the
stairway was the proximate cause of
the injury. No one saw the accident
and the plaintiff could not give testi-
mony because the defendant had died.
The testimony as to cause of accident
was, in consequence, all circumstan-
tial.
Ralph L. Levy and George S. Horn
were attorneys for Mr., Levin. I. II.
Burns and Major Everett Warren were
for the defendant,
In the case of NJ j. Ruddy against
William Repp, the plaintiff secured a
verdict for stone delivered to the Old
Forge high school contractor, Zeba
Van Loon. Ruddy alleged that Repp
agreed to be responsible for the stone.
The case was tried before Judge Kelly.
The finding of the local court is af-
firmed by a per curiam decision,
The case of Harding against Repp is
one in which William Repp unsuccess-
fully attacked the first assessment
made in Old Forge borough. IL, NJ.
Hannah was MI. Repp's attorney and
j. Il. Watkins appeared for Mr.. Hard
ing. The superior court finding was
per curlam.
THE GILBOY CASE.
The case of Dan Kislinski against
Thomas Gilboy was one in which a ver-
diet was given against the defendant
for causing damage to Kslinski's lot
by filling up gully in his own,
through which a stream had flowed for
twenty years. The case hinged on
whether or not this was living stream
or a course for surface water in wet
seasons. President Judge Rice wrote
the Superior court opinion.
James ]. o'Malley and l. III. Burns rep
resented the plaintiff. Joseph o'Brien,
Hon. nj. T.. Mcdonald and Frank NJ.
Lynch appeared for the defendant.