The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1905-02-16
VERDICT IN FAVOR
OF B. A. GIDDING.
The Long Drawn Out Litigation
Decided by the Jury
On Tuesday.
Judge c. B. Staples Presided.

between John h. and Louis J.
Townsend and B. A. Gliding,
growing out of the purchase by
Messrs Townsend of what is known
as the John K. Lockard building
situate on the south west corner of
Second and Center streets this
town, from the Citizens National
Bank Of Freeland, Pa, was con-
cluded before His Honor c. B.
Staples of Stroudsburg, Pa, speci.
ally presiding in Court here on
Tuesdoy, when the jury after a
half hours deliberation returned a
verdict in favor Of the defendant B.
A. Gidding.
Representing the plaintiffs were
John G.. Hartman Esq, Col. John
G. Freeze and Hon. H. M. Hinck-
ley while on the side Of the defend
ant were James Scarlet Esq and
N. U. Funk Esq
The plaintiffs case was that mas.
much as Gidding's lease for the
building was made after the date of
the judgment under which the
building was sold by sheriff Daniel
Knorr to the Citizens National
Bank of Freeland, that the lease by
reason of said sale was invalidated
and discontinued. This was the
substance OF Mr. Harman's outline
to the jury for the plaintiff, and in
support OF this contention he offer
ed in evidence the files in the pro-
ceedings and the deeds from Sheriff
Knorr to the Citizens National Bank
aid the deed from the bank to Jchn
r. and Louis J. Townsend.
At this point counsel for the de-
fendant, acting on the legal pre-
sumption that the Citizens National
Bank in accepting rent under the
terms of the old lease, had there
by renewed the same m ad e II
effort to have the Court take the
case from the jury. This Judge
Staples declined to do stating that
it was for the jury to decide wheth-
or not the lease had been affirmed
The testimony for the defense
was then taken up, John K Lock
ard being the first witness called
He testified to having made lease
tor the rental of his property with
B A. Gidding.
On tue stand B. A. Gidding, the
defendant, testified to having signed
the lease made by Mr.. Lockard. 1t
was for certain number of years,
with the privilege of renewing.
He knew of the sheriff sale, by
which the Citizens National Bank
became the owners of the building
but he had never received any
notice to quit the premises. He
spoke to Chas. Dusheck, director
OF the Citizens National Bank, re-
garding his tenancy, and Mr.. Du-
sheck referred him to Chas. w.
Miller the Banks attorney. Mr..
Miller, he said told him to continue
on as he had been doing under the
terms of the old lease, Subsequently
few days later, Mr.. Miller and
| Mr.. Davis, cashier Of the Bank
came into the store to inspect the
building, at which time he called
their attention to the fact that the
lease read that he was 10 pay the
rent in advance. and that both Mr..
Miller and Mr.. Davis said they
would never refuse money. Mr..
Davis expressed desire to see the
lease and it was shown him. He
said he also reminded them that he
: had expended considerable money
on the building in the way of pay
ing the taxes, light, heat and water
bills, which amounts he deducted
from the rent. Some time later Mr.
Miller refused to accept the rent
stating that the building had been
sold to John R. Townsend and
Louis J. Townsend. Accompanied
by witness he went to Freeland
and offered the rent to Cashier
Davis who also refused to accept it
as did also Mr.. Townsend to whom
he offered the rent later. Each
month the rent was refused until
finally an agreement was reached
that the rent was to be paid with
out prejudicng either's interest in
the case.
Joe Gliding, the last witness fol
the defendant testified to having
been in the store, heard Miller say
that B. A. Gliding should continue
on as under the old lease, and heard
Mr.. Davis read part of the lease
| In rehuttal To the foreqninp. Il.