The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-03-07
ROBINSON CASE
IS NON-SUITED
DEFENDANT WAS NOT GUILTY
OF NEGLIGENCE.
Judge Archibald Takes the Case from
the Jury and Directs Compulsory
Non-suit A $4,000 Insurance
Case from Kingston Is Called for
Trial-William Reader, a Dushore
Counterfeiter, Is Sent to the West
ern Penitentiary for Two and a
Half Years-A True Bill

In United States circuit court yes
terday Judge Archibald granted a COM
pulsory non-suit in the trespass case of
William Robinson against the Della
ware and Hudson Canal company.
The motion for n non-suit was made
by Attorney l.. B. Carr. of Albany,
general counsel for the defendant com
pany, when the plaintiffs side had
rested. .
The suit was for $4,000 for personal
injuries. The plaintiff was passenger
on a Delaware and Hudson train going
from Scranton to Carbondale. Instead
of getting off at the station in Carbon
dale, he remained aboard the train un-
I'll 1T was pulled up into the yard, and
then took q cut towards his home on
Belmont street through the yard, by Il
pathway extending between the COM
pany's shops. In passing by the repair
shop he stepped suddenly aside to es-
cape a gust of steam. and one of his
feet broke through the covering of a
vat for boiling. potash. His leg was
badly burned, resulting in permanent
dsa Element.
Mr.. Carr argued that the plaintiff
was guilty OF contributory negligence
that the path he followed was not a
permission way and that there was
no evidence of any negligence on the
part of the company. 1t was contended
by Mr.. Carr. that the company's obli-
cation to the plaintiff as a. carrier
ceased at the station; that he rode
up in to the yard, only through the
suffrance of the train hands, and that
the vat, by no manner of reasoning
could be held to be located on the sta
ton premises
MIR. BURNS REPLY.
I. II. Burns, in reply argued that
the company practically maintained
sub-station at the upper end of the
yard, for it's patrons who wanted to go
to the Belmont street locality, and per-
mtted them to ride to this point and
then cross through the yard along Il
well defined pathway, thereby making
the route from the station to Belmont
street, a permission way" which in
the eyes of the law, the company is
obliged to safeguard.
Judge Archibald granted the non-suit
on the grounds that the place of acci-
dent was not on the premises of the
station to which the company contract
ed to carry the plaintiff. and this being
so. the company was not guilty of any
negligence.
Yesterday afternoon Judge Archibald
called the cases of p. NJ. Thornton
against the Security Insurance COM
pany Of New Haven. Conn, and the
same plaintiff against the National
Assurance company of Ireland, which
by agreement are being tried together
The plaintiff is Il young Wilkes
Barre attorney residing in Kingston
His home was damaged by fire last
April He carried $4,000 insurance in
the defendant companies. on the house
and furnishings He claimed loss
equal to the full value of the policies.
The company wanted to allow only
about fourth of this. He refused
TO accept and brought suit.
His attorneys are eX-Judge T. y.
Willard and John McCiahren. The at
torneys for the company are NJ. j. Mar
tin and John r. Lenahan.
READER CONVICTED.
Another counterfeiter was yesterday
sent to the Western penitentiary by
Judge Archibald. He is William Reader,
IL tailor and farmer. 80 years of age.
from Dushore, Sullivan county. His
term is two years and six months.
January 7. last Reader bought some
meat from Butcher William Kraus and
paid for it with seventeen five-cent
pieces The butcher discovered they
We're spurious, and informed the local
police authorities. Secret Service Agent
NJ. T.. Griffin. of Philadelphia. was put
on the case and in the attic of Readers
house, in which he maintained Il tailor
shop. found a lot of lead nickels. n
=
crucble.
Attorney G. r. Daniels. who was as
signed to defend Reader, entered II
plea of insanity for his client. and
called two witnesses to support the
plea. Constable Frank Buck and Con-
tractor Charles T. Lawrence. of Du-
shore, who We're witnesses for the
prosecution, admitted, when recalled
by the defense that they had heard of
the defendant having been in the Dan
vile asylum for a period of about II
month, some three years ago, the court
having committed him. when jury
called to try him for assaultig the
sheriff. adiudged him insane
Mr.. Buck also told that Reader was
queer in his actions, and as an instance
of this related that he was sometimes
as three different suits of clothes in
the one day.
NOT AN INDICATION
United States Attorney McCamell
suggested to the court that 1t was
hardly an indication of insanity for
man to change his wearing apparel or
even to wear plug hat,
In charging the jury, Judge Arch
bald said regarding the insanity plea
that man can he somewhat disturbed
in his mental balance and yet be capa-
BILE of knowing and choosing between
right and wrong.
The jury found Reader guilty of all
three counts of the Indictment, namely,
making, possessing and passing coun-
terfeit coins,
true bill was returned by the grand
jury in the case in which Miss Emma
NJ. Plotz, of Wilkes Barre is accused
of retaining and secreting Il pension
certificate belonging to another The