THE SCRANTON TRIBUNE-TUESDAY, JANUARY 8, 1901.
i.
tftyffik
An Excellent Combination.
Tho pleasant method nnd beneficial
effects of the well known remedy,
Brnur or Fioo, manufactured by tho
California Fio Srnur Co., lllustrato
thevaluoof obtaining tho liquid laxa
tive principles of plants known to bo
medicinally laxative and presenting'
them in the form most refreshing to tho
tasto and acccptablo to the system. It
is tho one perfect stronKthoulnjf laxa
tive, cleansing tho system effectually,
dispelling' colds, headaches and fevers
gently yet promptly and enabling ono
to overcomo habitual constipation per
manently. Its perfect freedom from
every objcctionoblo quality nnd sub
Btauco, and Its acting on tho kidneys,
liver nnd bowels, without weakening
or irritating them, make it tho ideal
laxative.
In tho process of manufacturing figs
nro used, ns they aro pleasant to tho
taste, but tho medicinal qunlillesof tho
remedy aro obtained from senna and
other 'aromatic plants, by a method
known to tho Oalifohnia Fio Syhup
Co. only. In order to got its beneficial
effects and to avoid imitations, plcaso
remember the full namo of tho Company
printed on tho front of ovcry package.
CALIFORNIA FIG SYRUP CO.
BAN FRANCISCO, OAL.
i,ouisvii.t,E. mr. irew york. n. t.
Foreolo by all Druggists. Price 60c. per toottlo.
Ice Cream.
BEST IN TOWN.
AC Per
(JC Quart
LACKAWANNA DAIRY CO
SfltpboneOrdenrromplly Otllvarsl
!3f3'7 Adam Arenus,
Scranton Transfer Co.
Baggage Checked Direct to Hotels
and Private Residences.
Office J)., Zi. A W. Pai&engor
Station. Phone 625.
DR. H. B. WARE,
SPECIALIST.
Hye, Kar, Nose and Throat
Offlcn ITounl a. tyv. to 1Z.90 p. ra.: 5 to
Williams Building. Opp. Postofflse.
1 CITY NOTES :
Mt.BTIXG TODAY. The Cfiitul Woman'
( liilatlan Tcmpcrjuce union ill moot this .it
trrnooii at 3 o'clock in Oucrmej's hall.
CANS IN COLLISION. A I'loUdcnce rmJ a
.iccu HiJgo trolley car collided jrrtcriljy at
1'irm arnuo and C.irbon street. Hotli caia wire
F0nicnli.it dimigccj.
T RESCUE MISSION. .vcrclaij V. W, Adair
ulll conduct the meeting at the Ucscue mission
tonight. W. J. Long and .1. II, Ihitin.in will
kins dmln' the tcrUic.
nit. HATCbO.V.S M.CTL'IIU.-Dr. lUteson will
dtllier a lecture on "Medical Mjtlu and Super.
Mitloiia" this cenlrc in Moult hall, Caen
JUrist". The lectuio U free,
TO INSTALL OFITCi:itS.-&cramon camp. No.
Ti'lj. Modern Woodmen ol Anuiica, will liulil
H'tcial meeting this cenlnc to Wall oltjcus
and transact other impoitunt business,
(.'AND1DAT12 roil m:i.i.ct rOUNrU. WI.
lam Piny lias annouuicd hinulf ,i ,i c mdidatu
for fdect councilman cf (he Thlitcenth ward
to till tho vacancy caused l) thi death of A, It.
I Idstonc.
ONLY TWO CANIHIIAIL'S.-Only tno ratidU
datej for the licpuhlican iioiniuation for ahhr
nun of the Sixteenth uaid had resWered with
ecrctliiy W. i:. n.ils ln-t night, tho lust time
for registration, ihcoo were Philip ' v"ttcr
and Joseph Kilns.
DAVIS rtl.S'miAL. Tho funeial of Harry I)a.
J, who was Killed In tho Hotel Dewey, will
fake place this afternoon at 2 o'clock fiom Ills
lioine, 719 SUincll comt. Senices will he con
ducted at the house, utter which Interment will
bt made In Watlibuin itreit cemetery. 1'ilendj
are imltcd.
STHIKr.S WILL Ui: bCTlI.KI). National Or
ganizer I'rcd Dilchcr Is autliorlty for the state,
ment that the still.es at the Mount Pleasant
and Oxford mines will to settled Immediately
nd thj men will return to work probably to-
Wa offer lubjed to picloui tale any
part ot
t-
f
f
$10,000
roith Jcrtey and Pocono Mour.talu Ice Co,
Gold Bonds
f rreootTasr. Fl e per cent. M iturc 1910. --
4. These bonus are secured by u first .
T mcrtgago on some 2,000 acics of land and T
water In I'cnnsylvanla and Nev Jersey,
seme ol It within forty miles of Jersey
4. City, together with storage housej, rail
. road rights of way, etc., with distributing T
7 li'oes, etc., In Hoboken, Newark, I'at- "
erson, Philadelphia and otliei cities.
4- The company has a shipping and atoiige
4. rapacity of 600.000 tow. I
T Price and full Informatlsu on appllca.
t- tlon. -f
f .-f
motrow, ArraneemenU hava been made for a
conference today between tha operator, em
plojca and ofiltlals of tha United Mine Work
ers, and all differences oro expected to be sat
lifactorlly adjusted.
r AY-DAYS. Tha Delaware, Lackawanna and
Western company paid jesterday ut the DU
n.ond, Mamlllo and Storrs r.ilncj. Tomorrow
tin cmplojes cf the colHerlea around l'ltUton,
Klnjfilon and 1'lj mouth wilt be paid. Tlie Del
aware and Hudson company paid yesterday at
the No. 2 mines and VAAy Creck-at Olphint.
KliKPlSO DISOUDl'-BLY ItOUSE.-Vamnt
wcra Issued by Alderman Millar jesterday for
the arrest of Kate Mulhctn and R woman known
as Mrj. I'eeney, on the charge of Letpinsr a dis
orderly liouso In Dunn' Piitrh, South Washlne
ton arenuo. William It. l'lihcr il tho prosecu.
tor. The women will bo arrested and uh to a
hearing this morning at 10 o'clock.
fSmCTAL MEETINGS. In the I'nlveisallst
church, on Tine street, between Adams and
Jefferson avenues, Rev. N. S. Sage, I,L. D., will
(jlic a series of sermons commencing January
11 a follows: Sunday morning, January 13,
"Truo Service and Its tlcuard" Sunday even
ing:, January 13, "Peace Through Conflict"!
Monday evening, January II, "Why Doesn't Ood
Kill the Dcilli" Tuesday etcnlng, January IS,
"fihmael, TraUe or Ulame": Wednclay even
ing, January 16, "Christ's Temptation"; Thuii
day etcnlng, January 17, "Tlie lYogTws of Mb
eral Thought In tho Church and the World"
I'rlday evening, January IS, "Principal or
Policy." Itcv. L. L. Lewi will preach January
20, morning and eienlng. Itc. James D. Till
Inghast, state superintendent, will preach Jan
uary 23, 20, 27, 28, 29, CO and 31. LVry even
ing at 7.30. Sunday morning at 10.50.
INQUEST ON THE
DEATH OF DAVIS
Jury Declares He Was Killed by
Barnatto Topa Only Two Wit
nesses Were Health
Only two witnesses wore examined
by Coroner Robe ts at the Inquest last
night In tho Dew -y hotel tragedy, of
last Friday night, vhen Harry Davis,
tho cx-puglllst, was fatally gashed In
tho throat with a. razor In the hands
of Harnatto Papa, an Italian barber.
These witnesses were Frank Itelley,
tho bartender, nnd Harry Hess, one of
the crowd of Bpectators. Their stories
of the nffalf tallied In the main essen
tials with that printed in The Tribune
Saturday morning.
Davis waa attracted to the back
room with tho otheis In the barroom
by the noise of a scufllo. Papa had
been fighting with Arthur Davis, and
after the bartender separated them,
Papa sat on a chair In the corner,
sullenly glaring at his former antag
onist. Harry Davis walked around tho table
that was between him and Papa, and
approached him as If to calm his ap
parent rising wrath. Just as Davis got
within arm's reach, Papa sprang at
him, threw his left arm about his neck
and drawing the right from where It
had been resting In his coat pocket,
tightly clutching an open razor, ho
drew the blnde quickly across Davis'
neck and lied.
Davis' every action In coolly taking
off his coat, collar and tie, and the
capture of Papa Just outside the hotel,
were told In detail as related In The
Tribune.
The mark over Papa's eye, so Hess
declares, was caused by his head
bumping tho sill of tho door, when
Bartender Itellly caught him by tho
hair and attempted to stop him.
The juiy brought In a verdict to the
effect that Davis came to his death
by a wound inflicted in his neck by
Hainatto Papa. Tho jurors were Polico
Lieutenant John Davis, Dr. A. J.
"Wlnebuike, T. Owen Charles, Dr. W.
A. Paine, John J. Kautfman and O.
A. Williams.
MR. HURLBURT'S TALK.
He Spoke Last Night In Second Pres
byterian Church.
Itcv. (.'. E. Hurlburt conducted
two interesting meetings yesterday at
the Second Presbyterian church. Tho
continuation of tho subject of the day
Lcfoie. "Tho Power of Ood." At 4
o'clock ho led a Bible study and fol
lowed last evening with a discourse
on "Development of tha Power of God
by the. Spirit." This evening the topic
will bo "Development of the Power by
the Cross." Wednesday night, "Devel
opment Through tho Throne." Thurs
day, "Development Through the
Wrrd."
In the course of his remarks Mr.
Minibutt alluded to the misconceptions
fiequently entertained regarding faith.
Ho said thoro Is no such thing as blind
faith. It Is either ignorance of Ood's
dchlgn towatd men or the folly of a
iclitlllous child. In these days of al
uoi apostasy there aro those who
profess to believe that If they believe a
llo hard enough it will become the
titith. If they believe hard enough
they can liellevo a hand off or on It
Is but the madness of insanity but a
cif ius'on Into which a few people other
wise peemlngly possessed of sense and
Jt-dpnient have fallen.
The servlca of tonight Is to be In
tensely Interesting.
LETTERS FROM THE PEOPLE.
(Under thl heading short letters ot Interest
will be published when accompanied, for publics
tlon, by tlie writer's name. The Tribune does not
stturue rctpoiulllllty for opinions here ixpresisd.
Not Provided For.
Tditor of The Tiihuuc.
Sir: .V paragraph in yesterday morning's He
publican comcys Ilia Information that tlie work
of the ltcscuo ml'tlon has been provided for for
another car. I regret that this Is U'ry far from
coirect. The deficit for the jcar 1000 Is btlll
to be made up, and uiiles.1 the dliectors rcceha
Immediate oulstance, in addition to what lias
coins in already, the wink of the past jejr
will remain partially unpaid for.
Tor tills )car, 1001, the mission can count
upon n large sum to begin and continue work
through tho opening mouths, but it will not bo
piovidcd with nccesfciry funds for 1001 unless
all old fi lends and many news ones make a lib
eral response?.
The directors have retched many generous
gitta, and they feel deeply grateful to kind
friends who are willing to deny themscltcs in
order to keep tlie mission doors open, but their
anxieties tor the past 3 ear's maintenance are
not otcr and tho problems for 1001 icmain tin
sohed. Very truly jours,
W, E, riuniley, Secretary.
Scrar.tcu, Jan. 7.
HOSPITAL NOTES.
Hut l'lslier. ot Venn aienus, was taken to the
Mcuis Taj lor liasrltal )cstcrday suffering with
leunl fuctured ribs, as tho result uf falling
Into tho pit at the Lackawanna round home.
Richard tlallagher, a 10-year-old boy Using In
Little England, was taken to the Lackawanna
hospital jestcrday afternoon, suffering with n
ccntuscd left leg and abrasions of the skin. Gal
lagher was mn over by a car in the Manvillo
nilno last week and sustained the aboio Injuries.
frank McCinty, of Luierne street, door tender
at the II,de Park shaft, caught his heel in the
Istclt at tlie mlnc'ycsterday, badly crushing It.
He wvs taken to the Moses Taylor hospital.
Removal Sale.
Attend Nottleton's Itemoval Sale,
films at en" fciirtb rlce. Washing-
BUSY DAY IN
THEC0URTS
IT WAS THE FIRST REGULAR
SESSION OF THE NEW YEAR.
New Officials' Commissions Received,
Exchange of Seasonable Courtesies,
Grand Jury Charged, Constables
Returns Received, Equity Session
Begun and a Large Batch of Opin
ions and Orders Handed Down.
Three Divorce Decrees Granted,
W. B. Christmas Appointed.
Tho first regular term of coutt for
the year 1901 opened yesterday, with
Judges H.W. Archbald, II. M. Edwards
and John P. Kelly on tho bench.
Its first act was tho reception of tho
commissions of Judgo Kellyand Sheriff
Schadt. When theso had been read by
Clerk Williams, tho new sheriff's ap
pointments nnd the appointment of W.
A. Phillips as county detective by Dis
trict Attorney Lewis were presented
and approved.
Kx-Judgo W. H. Jessup arose, when
court was toady for regular business,
and in a few timely words on behalf ot
the members of tho bar, wished tho
court a happy new year. Judge Arch
bald made an appropriate response.
A largo batch of opinions and orders
were handed down; tho grand Juiy
was sworn and charged: constables'
returns were received, and a session of
equity court commenced.
Giand Jury Charged.
in charging the grand Jury yesterday
Judge Archbald called attention to tho
alleged corruption In tho municipal af
fairs of b'cranton and advised tho Jur
ors that it was within their power to
Investigate It by summoning witnesses
and indicting any person they found
evidence to warrant it.
Ho also took occasion to warn them
agr.ltmt being swerved ftom their full
duty by fear, favor or prejudice.
The jury retired to tho grand jury
room and proceeded to pass upon the
bills prepared by tho new district at
torney, W. It. Lewis.
Tho Judge also called attention to
the largo number of apparently un
called for transcripts returned by the
magistrates and Indicated that thi
war a matter of proper Investigation.
Tho Jury will give attention to this
matter. They have asked the county
commissioners to furnish them with In
formation. Returns of Constables.
The only return ot a constable which
vat, refened to the district attorney
was that of Constable Woelkers, of the
Hleenth ward, who reported Mrs.
David illller for keeping a spcakeaay.
The constable took occasion to explain
his untoward conduct by accompany
ing the report with a statement to the
effect that ho was directed to rcjiort
the place by Mrs. Amelia Bokelkamp.
When Constable J. C. Moran, of tho
Twelfth ward, made his usual report
that there were no speakeasies In his
bailiwick, Judgo Archbald lemarked In
that very expressive way so character
ltlio of the president Judge nt tlmess
"V. hy don't you constables vary this
thing now when you have the oppor
tunity, and report that there aro not
as many speakeasies as formerly."
Session of Equity Couit.
Only ono case canio to be heard In
equity court, yesterday. It was that of
tho Delaware, Lackawanna and West
ern Ttallroad company against Thomai
King and others, the suit In which It Is
attc-mpted to upset the Issue of $14,000
schcol bonds of Lackawanna township
school district.
Major Everett Warren, representing
tho plaintiff, argued to have tho case
continued on the ground that It was
not regularly on the list. Court re
solved its decision until today.
Cases continued were: WInton Coal
company, Ltd., against Dolph Coal
company; Peter Sutton et al., against
E. S. Callender, ct al.; Charles J.
Koogh against the Scranton and Pitts
ton Railway company; David Spruks
against J. L. Connell & Co., and Scran
tui Dairy company ngalnst II. E,
Hr.ney.
The two cases of Ellen McAndrow
against George M. OkPll ot al., wero
discontinued on payment of costs.
The cases of Luther Keller against
the city of Scranton, et al., and B. S.
Robinson against Michael J. Gerrity
aro open.
Thiee Divorces Granted.
Judgo John P.Kelly yestetday grant
ed dlvoices In three of the recent cases
submitted to him: Samuel M. Lewis
against Carrlo Lewis; Annie Davis
against James Davis, and Sarah J.
Uoland ngatusr. John P. Roland.
Desertion was the ground of action
In tho Lewis case. They wete married
Match 7, 1893, by Rev. Henry P. Lee,
pastor of tho Milliners' church, Phila
delphia. Ho was a member of tho
"Hands Across tho Sea" Diamatlc
company, and she a member of tho
Helen Moran Variety company. Thurs
day was tho day of their marriage.
Friday they separated, and Saturday
tho bride ran away with an actor
named Sullivan.
Tho cause of her desertion was the
discovery of an answer to tho groom's
telegram to his home announcing his
marriage and asking for a remittance.
The answer was such as to discourage
the belief she held that her new
husband's tlcii relatives would send
their blessing and a fieo ticket to
easy stteet. Ho saw her once since In
Buffalo and she was still living with
Sullivan.
Desertion was also the cause of ac
tion In the Davis case. They wero
married August 23, 1SD1, by Itcv. W. R.
Cochrane, of Old Forgo. Shortly nfter
wurds he deserted her and went to
Wales, awl sbo has heard nothing fiom
hltn since.
In the Boland case tho charge was
cruelty. They wero mart led December
C, ISSi), by Justice N. W. Warner, of
Dunmore. They lived together till
March 10, IMS.
"Minor Orders of Court.
In the case of the West Rldgo Coal
company against C. S. Von Storch and
others, a supplemental bill was al
lowed to bo tiled, and the Elk Hill Coal
and Iron company was added as a,
plaintiff. The plaintiff company seeks
relief from paying the prescribed mini
mum royalty because the leased veins
aro found to bo faulty, In that thov
"pinch out."
The libel In the divorce caso of Myra.
Pase agalnstWIlliam Pase was amend-
cd by adding desertion to tho causes
for tho action.
The injunction In tho caso ot the
New York, Ontario and Western com
pany against tho Northern Coal and
Iron company was continued until
March 1, 1901.
In tho ca-Bo of Freeman Leach
against Fted Gumacr, a rulo was
granted to show cause why tho sheriff
should not turn Into court the money
ho now has In his hands, lcsultlnir
from tho sale of tho defendant estate.
It was mjido returnable Januafy 14,
1901, at 9 o'clock a. in.
A rule was granted In tho case of
Alex. Schlanta. against tho Springfield
FIro and Marine Insurance company,
to compel tho defendant to furnish tho
plaintiff with a copy of tho Insuranco
policy on which the caso is founded.
In tho caso of tho Langcliffo Coal
company, limited, against the New
York, Susquehanna and Western Coal
company, tho hearlnff waa 'fixed for
February 4, 1901.
Judgment was opened ns to Anna
Scott In tho case of E. C. Nowcomb,
trustee, against Scott and Beale, nnd
In tho case of Foster against Reese,
Jugdment on tho lease was ordered
opened.
An Immense Sewer District.
It. A. Zimmerman, William J. Jeff
ries and W. P. O'Brien, viewers of the
Second district sewer In Dunmore,
Hied their report yesterday, and It was
confirmed, by court, conditionally.
The total cost of tho sower Is $234,
GI4.22. It Is thirty miles In length, has
1S2 basins, 300 manholes and 100 lamp
holes. Tho system practically cover
the whole of Dunmore borough and Is
the largest sewer ever projected In
Lackawanna county.
It will start at Gibbons' hotel, on
Sport hill, nnd empty Into tho Fourth
district main sewer In Scranton, near
the Boles Wheel works.
Marriage Licenses.
Charles Unveil 20S Pahvant court
KiHin.i NifiH Kihvnrds court
Stephen Xernuchock ...42.5 S. Washington au'iiue
Kite Vcllnltkl 8 Warirn Hieot
John MnnllVky S'.'O Fourth etrcct
WladUl.iw KuckotiotUcI IIHl Fourth Rtrcrt
I'cter J. Thornton Hastings, N. Y.
Julia Maloncy Mlnooka
fliatlOH J. Cordler 1010 Meidow avenue
May Held S21 Maple Urea
Ceoigp Hn'luiiU 17.17 llrlck avenue
Kate Zabschutl 17"J7 Prick acmie
COURT HOUSE NEWS NOTES.
A (barter was jesterday granted for the Or
der of Father St, Nicholas Cudotworecz.
A dialler was yesterday granted to the Bene
ficial Society of Northern Italians, of which Fer
dinand Arlgonl, Kmillo Morlsinl and Lulgl Oar
dellao arc dlietors.
Joseph J. Walsh and CTiarles Schumaker wero
jesterday appointed ojerscers of today's special
election in the Sixth ward.
Warren Howry, convicted at a recent term of
court of assault and battery, presented hlmrflf
for sentence jeiterday and was fined ?5 and costs
Tlie bill ol $;3 of Attorney M. V. Caw fey, com
mMonrr In the contested election of A. T.
Cllespio was apprmed by court jesterday and
oidered pild by the county.
Walter It. Christm.i, nt l'roldcnce, was je
terday appointed by Judge Archbald to succeed
hiin-cll an auditor of the Scranton poor dis
trict. Tlie term is three jeam.
Folk Yaros, of Old Forge, filed an application
for a liquor licence jesterday. He was the
first to apply this year. He was also the first
to apply Iat jear and was refused.
Attorney I". F. Loughrau yesterday brought
euit for II. Montgomery & Co. against the Del
aware anil Hudson companj-, lo iecocr $113 for
a car load of hay which was burned while Ijing
011 a switch at At oca. The plaintiff claims that
the car won placed on an isolated switch where
It ai Incomenlent.
NOTICE TO THE PUBLIC.
The Scranton Railway company de
sires to give public notice ot the fol
lowing changes which have been ne
cessitated by tho recent advance In
wages granted to Its conductors and
motormen:
First After this date, January 7,
1901, no complimentary pass books or
ftea tickets of any kind will be Issued,
except as required by existing con
tracts, over which the company has no
control, and to poisons continuously
employed by the company. Outstand
ing pass books will not bo renewed
after expiration.
No persons whatever will be carried
free 011 tho cars of this company, ex
cept children under three years of nge.
Persona who nro deserving of free
transportation will appreciate that It
Is Impossible to discriminate In mat
ters of this kind, and that the onlv
equitable plan Is to abolish all fteo
transportation.
Second On and after January 15,
1901, tho transfer system will be abol
ished and no transfers will be Issued
to connecting lines. Wo appreciate
that this will cause Inconvenience to
many of our patrons, but In view ot
the fact that in these prosperous times
all classes of men are receiving high
wages and that the conductors and
motormen will receive whatever bene
fit may result to the company.wo trust
that the public, which has generously
extended Its sympathy to the motor
men nnd conductors In endeavoring to
secure higher wages, will continue
such sympathy to the practical extent
of approving and acquiescing in this
notion.
Scranton Railway Company.
By Frank Sllllman, Jr.,
General Manager.
Our Annual
Clearance Sale
isroTsr OK.
BARGAINS IN ALL.
Fall and Winter Goods
Coats, Capes, Tailor Suits,
Silks, Dress Goods,
Blankets and Comforts
and Underwear.
MEARS&HAGEN
415-417 Lackawanna Avenue.
JURORS WERE
TOO ZEALOUS
UNWITTING MISCONDUCT RE
SULTED IN NEW TRIAL.
Without Authority of Court Thoy
Took It Upon Themselves to View
the Scene of the Cause of Action,
and When the Defeated Defendant
Complained of This, the Court
Granted n New Trial Judge- Ed
wards Deals with Cornelius
Smith's Latest Sensation.
Recatme a Jury, without permis
sion ot court, visited tho scene of
tho cause of action, Judge John P.
Kelly yesterday allowed a now ttlal
In tlie cac.
It was In the suit of K. J. Wolf
gang against the Scranton Railway
company for $67 damages alleged to
havo been dono his wagon by Ita be
ing run Into by n trolley car. Tho
jury, while returning from dinner, on
thr day they retired for consultation,
took It upon themselves to view tho
premises. Tho knowiedgo of this
cumo to the defendant, and when a
vet diet for the full amount ot the
plaintiff's claim waa returned, a new
trial was asked and this alleged mis
conduct of the Jury was made one of
tho reasons on which the petition for
a new trial was founded. The opin
ion of Judge Kelly follows:
After a careful ret lew of the evidence In this
caie we are of opinion that It was proper to
submit lo the Jury for dechlon the questions
Imolted. It follows, therefore, that the motion
for judgment non obstante veredicto must bo
refused.
In the matter of tho application for a new
trial, honctcr, we are called upon to disposo of
a somewhat Importint question, raised In the
fifth reason assigned, vlr.: that "the Juris af
ter they had retired for tint purpoe of consul
tation In the case, tlslted tho place of the
accident without tho knowledge or presence of
any person representing the defendant and with
110 cautionary Instructions as to consultations
with pemons In the tlclnlty of the plaintiffs
place of business on Tenn atcnue."
WENT TO THE SCENE.
From in examination of the depositions taken
In support of this allegation, It appears that af
ter the case was given to the Jury, and after
they had had dinner at one of the hotels, they
went In a body In charge of the tlpataff to tho
place where the accident occurred, and while
there some of the Jurors stepped across the
street, as thougli stepping off the distance by
stay of making meaaurements. Just how the Jury
camo to do this does not appear, btlt one of the
Jurors testified that during the progress of the
trial ho heard the foreman express a desire to
ee the location of the accident, and heard him
say something about tlie grade of the street
upon which It occurred. No request was made
to the court for lette to tlslt the place In
question, arl wo may asxume that the tipstaff
conducted the Jury to tlie scene at tho request
of some of the members, without the permission
of the court or the kuowledgo of the parties or
counsel In the case. But two of tin Jurors were
examined, and what effect, if an-, tills action
of the Jury had In the making up of their cr
diet, does not appear.
It was mUconduit on the part of the jury to
tike It upon themselves to Ult the location of
the accident without permission of the court,
although no doubt unintentional. "Ileceltlng
etldencc out of court Is Improper conduct In
Jurors, and will, If influential, violate their tci
diet. This occurs when Jurors visits
the locus In quo without the penni-lnn of tho
imirt, ," 12 Am ti Kng. Kncj-. of Law,
STB.
The law protldes a method by which juries
may hate an opportunity of viewing premises
whenever necessaiy, and the object of huch view
U to enable the Jury to better understand the
etldencc, to belter pass upon the credibility of
tlie witnesses, etc. It is on the presumption that
a view will tluow some additional light on the
questloni at Is'-ui- that jurors arc In some cases
allowed to visit the scene of the accident. There
can bo no other purpose in allowing a tletv. So
when a view Is had the Jury certainly reccltei
etldenco out of court, and as wo lute already
said It is icrtalnly improper without tho per
mission of tho court, and the knowledge of the
parties, and when prejudice results a new trial
should be granted, 12 Am. k F.ng. F.ncj-, of I'l.
and IV. 5)!i.
QUESTION OF PREJUDICE.
Was tho defend int prejudiced? Wc are umble
to answer with any degree of certaint-. It is
filr to assume that It may hate been, and In
tho absence of clear proof to the coiitiarj", wc
think a new trial should be granted. "When
misconduct en the part of a Juror which might
hate been prejudicial has been shown, it Is held
In many caves that the presumption of prejudice
arises therefrom, and that the presumption must
be rebutted by the successful party to prevent
the setting aside of tho verdict, or the granting
of a new trial; and whenever the misconduct of
tho jury can be reasonably aupposed to have re
butted to the injury of a party a new trial
should be granted." Ibid 653.
"When an examination of tho locus In quo will
better enable the Juiy to determine tlie credibil
ity of the witness or any other disputed fact,
if the jurors, without the permission of the court
or knowledge of the parties, examine the locality
for the express purpose of acquiring such In
formation a i.ctv trial should bo granted, unless
It U clear that such misconduct could not
bate influenced their verdict." Ibid 5S3. "A
tilal judge is incompetent to decide that a ver
dict was not affected by outside influenco to
which tlie Jury had been exposed." Churchill vs.
Cmerick 50 Mich. G.1C.
We are thercforo of opinion that a new trial
should le granted upon the tilth reason assigned,
and it Is llicreforo unnecessary to consider the
other reasons.
And now, Jan. 7, 1901, the motion for judg-
Continued on Page E.
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I Can You
Mako any good excuso for not having presentable dishes on
tho tablo when you can buy n 112-pieco Decorated English
Porcelain Set for 80.00P Maybo you can afford something a
little better. If you can, we havo a dozen dainty floral pat
terns in natural colors for 811.00 that you can't duplicate
elsewhere for less than 315.00. The easy way to make money
Is to save It. '
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Gen. V Millar A
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TEETH
nnnsm
-l JL, JXJJswJlO
Gold Crowns $3
Gold Fillings $1
Bridge Work (TSjh) $3
Set of Teeth $5
All work guaranteed for 10 tears. Call and
hate your teeth examined free ol charge.
Satisfaction or no pay.
Schimpff, the Jeweler,
That's the name. You've lm.irci it a good many times
most every time in fact, whertjevclry is tlie topic of conver
sation, for the one implies the other.
Schimpff, the Jeweler,
Has much to show you in the Gift li e more than you'll see
in most othsr stores. Not only more, but something "dif
ferent" novelties that appeal to you, because of their
novelty.
Schimpff, the Jeweler,
Has everything going in the jewelry line. Think ol what
you want; it's there. Prices, too, are less than you think,
when you consider that no matter what you buy, quality is
apparent.
317 Lackawanna Avenue.
UKUMKMKKKKKKKSKUMKKKKKnunnX
The New NcFcrsll? As
plialt lteniovablo
S HORSESHOE CALK.
Horse cannot slip
and will outwear three
sets or any other calk
manufacture:!.
C
U
BITTENBENDER
SOLE AGENTS.
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MERCEREAU
& CONNELL
NOW OPEN IN OUR NEW STORE WITH A
NEW STOCK TOR THE HOLIDAYS
Diamonds
Watches
Silverware
OUR STOCK FOn EXTENT, vari
ety AND FINENESS IN EVERY
DEPARTMENT IS NOT EXCELLED
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OUR WELL-KNOWN GUARANTEE
C.OES WITH EVERY ARTICLE. . .
ALL ARE WELCOME.
In Our New Store.
406 Lnckawanna Ave
Cn Ml Wjomlmc Avemw
'w W.lfc In mnil t.nale Around J.
Extracted Absolutely
Without Paiu.
Our syftcm of PAIXIX&4 lv-ntMry Is far
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Wc both fill and extract teeth without the
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We make n specialty of fine Crown nnd
flrldg: Work and It will pay oii tn rail and
gel our prices before going elsewhere. AH
work absolutely I'alnlcM.
Dr. Reyer, Dentist
514 Spruce St., Opp. Court House.
Pfl 126 and 128
but. Franklin Ave.
Jewelers
SiluersiTUihs
Fine Jewefcy
Cut Glass
Leather Goods
No. 132
Coal
Exchange
Wyoming
Avenue
A Book Case
That Is a Book Case
Sensible and cheap.
If you've books, if you're
going to have more books,
this is the kind of case to buy.
Comes in sections each one
a unit thorough, dust proof."
Buy as many units as you
need. Arrange them to suit
the convenience of your home
Keep your boons right.
We want to show this new
system of Book Cases to you,
whether you are interested or
not we'll make you inter
ested. Scranton Carpet
& Furniture Co.
(ncaiareneo.)
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