The citizen. (Honesdale, Pa.) 1908-1914, 1913-01-24
FIRST WEEK OF COURT CLOSES
TO-DAY
CONTINUED from Page One.)

Conklin, of Salem; ]. B. Dymond,
Waymart; A. P. Gregg, Damascus;
oliver Hoover, Lake; A. Hessling,
Texas; Henry Ludwig, Texas; Henry !
J. Lobb, Hawley; Walter Malson,
Sterling; j. A. Noble, Damascus; P. |
H. Skelly, Texas.
Miss Conley was called and testi- |
fed as to the existence of the con-
tract for ID weeks made in New
York.
The testimony of Mrs. Emma Quick
and Mrs. Daniel Vicinus was stricken
from the records.
For the defense, Miss Kate Nc
Kama testified that she had made |
no contract for IA weeks with Miss
Conley. Miss Josephine McKanna
also testified to being present in New
York when Miss Conley had been en-
gagged. The case was very short and
went to the jury about 4 o'clock
Tuesday afternoon.
The jury came in Wednesday
morning after having been out all
night. They were unable to agree
upon a verdict. The court steno-
grapher was directed to read the tes-
timony to them after which they
stepped out in the ante-room and
agreed upon a verdict in favor of
the defendant, Miss Kate McKanna.
The case of sheriff's inter-
pleader of Horace Dexter against A.
o. Blake, was taken up Wednesday.
Searle e Salmon and NJ. E. Simons
were the attorneys for the defense
and w. H. Lee represented the
plaintiff. The case was to try the
ownership of three COWS seized in
execution by A. o. Blake in his suit
against Henry Jardin. Horace Dex-
ter and Mrs. Dexter both testified
to buying the Jardin cows for S125.
After the COWS were supposed to
have been purchased by Dexter Jar
dine left the county. Mr.. Dexter
stated that Jardin told him that he
was going away to look for his wife
who had left him but he did not
say he was going for good. For the
| defense A. o. Blake, B. F. Blake, P.
R. Murray testified that about Feb.
20 they had happened together at
the Dexter home. They met Dexter
in the yard and he said he had
bought the COWS of Jardin. In the
house they said Mrs. Dexter stated
that she did not know anything of
| the transaction. Edward Manger,
VIM. Mills and Miss Coolis testified
| tween Mrs. Dexter and A. o. Blake
relative to the cows in which Mrs.
Dexter was heard to ask Mr.. Blake
if Jardin had paid him for the COWS.
The jury returned a verdict in
favor of Horace Dexter Thursday
morning.
The jury in the case was compos
ed of the following: D. w. Bidwell,
Salem; Jacob Collum, Palmyra F.
F. Conrad, Scott; w. H. Doyle, Pres
ton; ]. e. Henshaw, Dyberry; E. N.
Huber, Damascus; Henry Ihlefett,
Mt. Pleasant; Norman Lester, Man
chester; John Murray, Cherry
Ridge; Job R. More, Lehigh; c. H.
Rettew, Honesdale; A. B. Wood,
Prompton.
Judgment for Silvia.
In the case of John Silvia and
Jacob Howanecs against Frank Kel-
sey and wife to recover $402.S2 for
breach of contract to deliver hay
and also $40 earnest money paid to
Mrs. Kelsey. Searle & Salmon rep
resented the plaintiffs. There was
no defense. Both Mr.. Silvia and
Mr.. Howancse testified to making
the verbal contract for 40 tons of
hay at $23 per ton and pay freight
to Jessup. A jury was called in
the box and took verdict in favor
of the plaintiffs for $402.S2 which
includes one years interest. The
jury was composed of L. M. Bittner,
Paupack; G. G. Collins, Lake; Harry
Conklin, Salem; B. S. Gillow, Man
chester; Henry Ludwig, Texas; H.
]. Lobb, Hawley; Walter Malson,
Sterling; j. A. Noble, Damascus; P.
H. Skelly, Texas; ]. H. Smith, Beth
! any; c. E. Weed, Canaan; w. P,
. Weeks, Oregon.
Although a verdict was rendered
against the defendant who was alb
sent, it is stated that the amount
will be difficult to recover as the
Kelseys have moved out of Wayne
county.
, wilcox VS.. HanaS.
The case of III. H. Wilcox against
: Andrew Hanas was taken up late
/. Wednesday afternoon as the last
case on the trial list for the frs
v week of January court. Attorney!
e. C. Mumford and G. E. Gardner O
p Forest City conducted the case fol
Q the plaintiff and Attorneys G. P
Searle and c. A. Garratt represented
\ the defense. The plaintiff claimed
n title to farm implements, hay ant
other things valued at $3.50, whicl
= he left on the place when he sold
: to Hanas. Mr.. Wilcox sold his
q property to Andrew Hanas in Pleas
; ant Mount for $4,000 through tn
agency of Fred Wells, insuranc
= agent of Forest City. He claims tina
a the implements, tools and hay wer
not included in the purchase pric
l. of the farm but the agreement wa
q that Hanas was to use what hay h
s needed for his cattle. A bill of sal
" of the items included with the farI
e was given to Hanas but this did nc
s. include the hay or tools or the farm
ing implements to the value of $15(
e. Wilcox claims that when he wen
d to Hanas and made a demand fo
.g these things he was refused. Th
defense was that all these thing
were included in with the purchas
4.