The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-09-09
COURT OPENS
FOR FALL TERM
LARGE AMOUNT OF BUSINESS
WAS TRANSACTED.
The Grand Jury Met and Was
Charged, Constables Made Their
Returns, a Session of Orphans
Court Was Held, and Judge Kelly
and Judge Dunham Presided in
Equity Court-Cases That Came Up
Before Them for Consideration.
Short News Notes.

Court opened yesterday, after the
summer recess, and q large amount OF
business was transacted. In the morn
ing motions were heard, but no opinions
were handed down. After motion hour
the equity list for this week and the
common pleas list for next week were
called, and when they were disposed OF
the grand jury was sworn by Clerk OF
the Courts Daniels and then charged
by Judge John p. Kelly.
In the afternoon Judge Kelly con-
Quoted a session of equity court In
court room No. g. and Judge E. NJ
Dunham, of the Wyoming Sullivan
judicial district heard an equity case
in the main court. Judge Dunham will
preside in equity court during the
week.
The case called before him was Mrs
Mary Lydon against her son, Anthony
Lydon, an action to revoke q deed for
property in Taylor, which it is al
legged Mrs. Lydon gave to her son on
November T. 1895.
From the testimony taken it appears
that in 1895 Mrs. Lydon was living
alone and was taken seriously ILL., Her
son Anthony says she expressed wish
gestion made deed of her property
to him. The will was drawn up by At
torney James L. Watkins and read tc
her, and was acknowledged before JUS
tice Of the Peace w. P. Griffith, of Tay-
lor. These facts were developed from
Anthony Lydon, who was the first wit
ness called by the plaintiff as for cross
examination.
DID NOT REMEMBER.
Mrs. Mary Lydon was then sworn and
denied all knowledge of the signing OF
the deed, but admitted that her men,
ory is not very good. DR.. Houser tes-
titled that along about November, 1896
Mrs. Lydon was SO i'll that he feared
she was going to die. Unimportant
testimony was given by Mrs. Mary
O'Hagan and Mrs. Hannah Murray
daughters of the plaintiff, and Michael
Murray, the husband of Mrs. Murray.
With their testimony the plaintiff
rested, and w. P. Griffith was called
He testified that he took Mrs. Lydon s
acknowledgment of the deed. He is
well acquainted with her, and she told
him she knew the contents of the
paper. She seemed to be in her nor
H. H. Harris and M. w. Lowry ap-
peared for the plaintiff, and Attorneys
Joseph O'Brien and James e. Watkins
for the defendant.
Before Judge Kelly, the equity case
of Eben p. Davis against the First
Welsh Baptist church, of Scranton. was
resumed after an interval of a year
the delay being due to various causes
which made it impossible for all of the
parties to get together.
In 1898 the pulpit of the First Welsh
Baptist church, located in West Scran-
ton, was vacant and a committee was
appointed to supply it. Davis thought
the committee in charge Of securing a
new pastor did not use due diligence
and at congregational meeting the
plaintiff said that the dilatory conduct
Of the committee had caused half OF
the congregation to leave and that half
the committee told him they were
ashamed of their conduct in the mat
ter. The members of the committee
denied making such a statement, and
Davis was asked to prove his state
ment or apologize. He declined to dc
the latter, the church officials decided
he had not successfully done the for.
mer and his name was stricken from
the rolls of the church. The purpose
of the equity suit is to compel the
church to reinstate him.
THE WITNESSES SWORN.
When the hearing closed, over year
ago, testimony for the defense was
being heard and that branch of the
case was resumed yesterday. Rev. w
F. Davis, of North Scranton; Vaughan
Richards, j. w. Lloyd, James A
Evans, George Hague and John j
Morgans all testified for the defense
and Rev. D. II. Edwards and John T.
Williams We're called in rebutal. That
closed the evidence. The case will be
argued on a date to be decided upon
later. Attorneys S. b. Price and c.
Balentine are counsel for Davis, and
former Judge u. N. Willard for the de-
fense.
The following equity suits We're con-
tinued: Il. c. Kicker against S. d.
Musser, T.. W. Gearhart against G. b.
Stocker. John Il. Law ct al. against Il.
l.. Fuller, Joseph r. Gilroy, trustee,
against Freeman Larned and Freeman
Larned, jr.
The case of the Rushbrook Coal COM