The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-05-14

When court adjourned Monday after
noon there was on before Judge
Wheaton in the superior court room,
the case of Ida Kolonsork, of Carbon
dale, against William Fisher, of Green
field.
At the opening of court. yesterday
morning 1t was discovered that the
Jury was one short. The list was con-
suited and as the call OF the names
proceeded, 1t developed that M. j..
Burke, IL tailor, Of Dunmore, did not
respond. His name was called in cor
ridor and main court room and finally
there came n response. MIR. Burke was
escorted before the bench and interro-
gated by Judge Wheaton as to why he
had not taken his place in the box.
Mr.. Burke could not understand for
some time just what the Judge was
driving at, but when it was made clear
to him, he protested he had not been
called on this jury and did not serve
OH 1t.
FURTHER INVESTIGATION.
Then there was further investigation
which disclosed the fact that Michael
~ Lavelle, who was in the box and
who served during the previous day.
had not been chosen on the jury, but
through some misunderstanding was
occupying Mr.. Burke's place.
Judge Wheaton said that juror
should be withdrawn and the case
continued, but the attorneys, d. b..
Replogle for the plaintiff. and II. ID.
Carey agreed to go on with the substf-
tuted juror, and Judge Wheaton ac-
u,iesed.
But the Strengthening out of the
jury so that it would tally with the
selected list was vet an unfinished
task. The twelfth juror was still want
ing. Comparison showed that the mis-
sing man was James McElroy, clerk,
in Jonas Longs Sons store. Inquiry
was made by phone for Mr.. McElroy.
The store office answered back that
he would be sent up at once. Twenty
minutes elasped and Mr.. McElrOy was
still absent. Judge Wheaton, with q
show of impatience, ordered tipstaft
sent to fetch him.
M'ELROY FINED.
errand, Mr.. McElroy came into the
court room. Judge Wheaton wanted to
know what had delayed them. Mr.. Nc
Elroy explained that he was waiting on
a customer and could not leave.
At the risk of being roundly cen-
sured like the Jersey Judge who fined
a belated doctor-juror for delaying the
court to attend to u critical patient
Judge Wheaton informed Mr.. McElroy
that he would be called upon to pay
two days pay for his tardiness.
Mr.. McElroy went into the box and
the case was proceeded with. 1t re-
suited in a verdict for the defendant.
Judge Newcomb yesterday afternoon,
entered upon the trial of the case OF
w. II. Wheeler against c. u. Barber
The parties live in Moscow. Wheeler
worked on Il farm owned by Barber
and sued him for a balance Of $l62.
After some testimony had been taken,
the parties came to an agreement and
a voluntary non-suit was in accordance
entered.
At adjourning time the case of Or
lando RoZelle against r. S. Lewis and
wife was on trial before Judge New
comb. They have dispute over four
foot strip of land lying between their
adjoining properties.
All of yesterday was consumed before
Judge Kelly in listening to testimony
for the defense in the case of l.. T.. n.
Edwards against DR.. S. P. Longstreet.
II will take several days more to hear
all the testimony.
Non-suits We're taken in two cases
because OF the appearance of the
plaintiffs. They We're John n. fIangi
against Guernsey Brothers and Roche
Brothers against Charles Teeter