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tofelt «ee tho to* to on-oth itye tithe Ing to ut-e«i Uc til* In eet In lea kke Ida de-left oralie;eet ue, r rytneectiXlftIn»ontotord•et,tdibaliftlasre-ofomii. f.*a-i-Uis;Ian. iter-;ic‘-•in-1i*ohisL»i:»ilK-iv-K* II ird llydl-hindvdull.Nrof/*?•ill*h*sr-pe?r-rdorofet,t*kks'nrrs*’lL-*1- ■I.Htlidhev-lori»dofonauendaliilt;1•r-he | lie‘WehinPCth*!t-t,■r-rom-r-eeillo..to h*. hoHtOfed)Teonlt;•*?t.g«hlt;*11-inli-illT-helt;?©n-5iSedasaslylinitill-t*hefinduss.a-he11.yhowb-or!Jnadatn.»nd,»na.P-»amtcourts turn been »o never* npon taw-lyet* doing this sort of bMlnm ihst Itift less common than It -wee stvertl year* **0, Yet * recent decision bid ’been i^rc|ic court jui-.tic*' in which thatsOHrt if thinf was severely scored am| sgjokkn of ti th# most contemptible of malicious cedure. • 1A FINE POSITIONOf- EdwsriI S. Tin Marti to •«* Valors •!iii* ttfc«Mt» iiiiri Bespitst.Ed wit nl S. Van Duyn. son of Pr. John Van Duyn of Xv. sis James struct. wsabucmxIuI In fwins a. competitive rt-am I nation for intern of ihv Khcde island hospital at Provtc.eiii'o. This in very complimentary 10 Dr. Van Duyn. for the hospital b ft prominent er.«i*wlth a reputation tftroUghoit th^ country *1*1 ha^ beeft heavily endowed- Cornpetin^ In the examinations Dr. Van Duyn Jim passed with the hfgftest standfni? there was a class of 14 doctors, who graduated from loading medical colleges of the country.. Dr. V*n Duyn will enter upon hU office on the first of :u?xC month for a two years' term. H« b§ a native of this city, was graduated from Princeton college in ISM anlt;L Is it graduate of the college of medicine of Syracuse university. litPrinceton and during his t-omv-iMun withthe .local college of medicine young Vun Duyn* was a nolod fool ball player ^nd all aruunU athlete. •Was Thrown Oat by a Country Jury on Trial Before Justice Dorwin.A FORCIBLE LESSON TAUGHTSARAH COATS’S WILL,Action HranglH f»*t Construction of riait ■|i v'.tx I »W*r !• til* Ktrcutor.: An sction has now been breught in the supreme court through Attorney ftmfzuiv! Pakcfciishky for.th* construction of the will of tile Into Surah II. Coals, who died September 30, ISM, jhisscsacd of about £#,000 real cataio. The will was admi:-ted to probate mi December 4 follow lug «nlt;l letters testamentary wvre Issued to Aimer C Mat toon. He dlc*l on April 11.lksiSb and letters of ud ministration wit a will annexed were Issued to Dwight P. Jennings, Mr. Jennin^ went on coring fur I tie proi«.*rty an if I us hud been tlie executor and succeeded i*» all the jhiwvri of the executor. Hi* ucii-unts I lie estate have recently been fihi, ^howltu; lijiit he has expended MJiyeihlni^ or fi.iJtiO. to which ooJeetltnH wo re ldcil Jind ih** proceedings are n*»w pending in tlu surrogate’* court.The action in lhe juipreme cmirt Is to havti construction placed ujnin tho clauses of the will which guvu puwer to the ■ ecu tor. Til* judgment pinyed for is that the powers given by the will to sell, leu so and collect rents vlld not apply 10 others ti.im Mat toon and were i*ot conferredupon the admin 1st rat or with will Annexed and Hint n«» *«ch power lias heep given him. The plaintiffs in the aelioTj aro Sarah A. Campbell and I-aura I.uwrcuc« end the cJefeminnts are Mr. Jcnnlmcs, as tuiministrutlt;»r» Caroline M. Muttoun andJulhi Itcgan, all being devisee* under the will of Mrs. Coals.Verdict mm til* Tftcorr Tbit Hitl. Jfmm 1b *tii I'lAlnllff »4 Tbn tbi JUilti* tfift m fakt,The practice of assigning accounta by parties Uving* In lb* city, for th« purpose of having actions brought in justice's court C‘Utside of the city, re*-, cclved a red hot ron*t ly a jury of countrymrn in Onondhga Valley yea-ter day. Attorney Dennis \V. Hunt claimed to have a hill * for services again*I Michael J. Harney, the popular men s furnisher in East Genesee street, and when he attempted to collect i: iu»t only the account but the service* were stoutly^denied. The next thing that Mr. Harney knew wad the service1of summons upon him to appear before Justice of the Peace Lyman C. Dorwin in un action brought Against him by Isaac Charlock of Onondaga Valley, a man who has had more than one such action, It Is understood. When the return day came Mr. Harney appeared by his attorney, John It. Col-Hnw, and demanded a Jury trial, as it won surmised that there was something queer about the cose. A Jury of good and reliable men were selected. The case was tried yesterday, A Wit of particulars had been renderril, which culled for services performed In con* sunations and advice by Mr. Hunt regarding a lease of the premises where Mr.-Harney conducts his store, regard* Itig the purchase of Jewelry from C. M. Dam ms and regarding the purchase of stock, for all of which the sum-, of $2o was asked.At the trial yesterday Mr. Hunt was attorney for Mr. Charlock, He was also a witness. He testified that Mr. Harney hint called upon him at his office several times and that he had rendered the services claimed In the bill of particulars. This Wit . for services, he-claimed, had been sold to Mr. Charlock fur $10. He denied that tie bad any interest a in the results of the trial except what any lawyer has for his client. He tcitilled that as to the lease he had culled Hnrher Francis P. Lynch, the former tenant, to sec uhont Ills moving out in linn* for Mr. Harney to occupy the store at a day desired. Hut on eros sex am in tit Ion he said that he could not. tell. whelher it was Mr. Lynch with whom ho talked or one of his men. Mr. Collins asked him if that was illi- way he performed legal services for his clients. A subpena wu* Issued for Mr. Lynch t» appear as a witness.Mr. Harney had quite a different story to toll. He said that one day while he was riding on his wheel down the street, before he took possession of the store, Mr. Hunt called to him and he stopped. Mr. Hunt then asked him when he was g'»lng to occupy the place and then told him that he could occupy it at midnight preceding the day his lease commenced. This Mr. Harney claimed to have known before. The next thing he had to say to Mr. Hunt, he said, was when the latter came Into his place of business and seeing a new line of hose, purchased half a dozen pairs at 11.50, telling Mr, Harney to send the boy up to hts office the following day and he would pay for them. He did not send the boy up. but waited for Mr, Hunt to come in. When .he saw Mr. Hunt again, Mr. Hunt told him again to send the boy up. This was done, but Mr. Hunt, it appeared, said that he was going to the bank. • Again the bLIt was sent and the same excuse given, Mr. Hunt promising to call at the store. When Air. Harney saw* Mr. Hunt again he asked him for the money, but was not paid. Then through the mall came a bill for $10 for legal services. Mr. Harney tok the bill for sen*Ices to Mr. Hunt at hi* office and an Interesting scene took place. Mr. Harney denied having employed Mr, Hunt and Hunt demanded payment. Then the action w»j» brought.When Mr. Charlock was sworn he test Hied to having paid Mr. Hunt |I* for the claim against Mr. Harney, On crossexam iuatlon Mr. Collins went through a long IJm of preliminary quest Iona artd then asked Mr. Charlock how long he had known Mr. Hunt. He said about one month. - He said that he was introduced by Justice of the Peace Dorwin and that no other person was present. The n£xt time he saw Mr. Hunt was when the account was assigned. Mr, Dorwin was also present at that time. Before that he had never heard of Mr. Harney and did not know anything ' aa to fcls responsibility* neither did he know whether the claim was a correct one or not, yet ho hod paid $10.'Did not Mr, Hunt first give you $10 and then you gave it back to him for this account?” asked Mr. Collins.'Yes. sir.” said the witness. •“Then you have no personal interest m the result of this action ?'No, sir. ..•*••• • - ••“Then . the real • plaintiff Is* Mr. Huntr”*1 suppose he Is,”The Jury was out about 15 minutes when they returned a verdict of no cause of action. Mr, Collins demanded Judgment for cost*, which will be a pretty bill, and serve as a fairly good lesson for all who buy account*'for collection. , «. • .Mr. CoUlns raised the ■ point no jurisdiction under the section if the code, which prohibits all persons living In a city from bringing an action outside of the city In Justice of the peace court unless one of the parties lives In the town *. where . ■ the action Is brought. At one time there was a dan-geroaa practice* which was fmtuent* of iiftiMf dilai to mMms it a dft*GRADE AND PAVEMENT.1 * _IHicuMrt Lui E«iU»f tir It* Went B«4Atui u*iai ' -1 A »plt;M'lal meeting of the West end busincHM men's association was-called to order by the president, J. WiUhurr (Smith, at S o'clock hist evening 1n Knapp's hall. The West Genesee street pavement and grade was made the subject of discussion. Samuel Dempsey reported in behalf of the committee assigned to Lnvctulgale the grade at tho new bridge lit West Genesee street. In an Interview with the 11 rat assistant engineer the plans were unfolded to the committee and showed where West Fayette street la to be cut one foot and four Inches, making a grade of per cent. In the approach to the bridge. Mr. Dempsey stated that the change was favored hy the commissioner of public works, hut a rumor was nlloat to the effect that in* chan go would lie niudc, though such reports are not entirely reliable.1 Dr, O. F. Chadbourne told of the Immediate danger In the grade should it remain without any change. 3n the case of heavy loads descending the grade, while the hoist bridge was being raised, a prompt halt could not be made and sad catastrophes would be caused, so the doctor predicted.I Dr, J. W. Knapp remarked that the work on the street was being pushed with rapidity and that where the rn*d* bed had been prepared for the pavement it was In very presentable condition, lie anticipated It would be satisfactory when entirely completed. James Hay-hoe related the unsuccessful attempts of the committee to hold conferences with the commissioner of public works and in getting definite Ideas regarding the pavement, lie said: Wt* «houl4 rise In our might %»»lt;1 dignity and with the power of taxpayers demand a prompt change. I think taxpayers have excel* lent rights to a voice In the matter.” •_President Smith said that the bridge was a very poor piece of mechanism for so capable contractors as have the construction In charge. .. Under : the very !est circumstances and on many occasions it would he a huge obstruction, It was suggested at the meeting that the Third ward railway company extend their tracks over the canal ana connect them with the termination of the road on the west side of the canal.The secretary was instructed to Inform the board of health of the condition of a dilapidated and vacant mansion In West Genesee street between Milton avenue and St. Mark's square, in which the laborers of the West Genesee street pavement had committed jjuhlLe nuisance. * Adjournment was then taken.Fill ol,l a nr wKhPERSONAL. ■Prof. I. N. Clement*, ex-prlnrlpal of Caz 1* no via seminary, spent a few hour* in Syracuse yesterday.Mrs. Fred Gardner lt;jf Dodge City.Is visiting her sister*. Mrs. G. H. Me Huron »Jid Mrs, F. M. Evertugharri Mrs, Gardner Is accompanied by her grand-Uiiughtcr, little ftliss Robin Clutc,Miss Elizabeth Kenyon of Ctica is visiting Mis* Alpha Arnold of Kirkpatrick street.FJtlnrtiWilliam Lessor of this city was graduated frem the New York law school last week with high honor*. He participated In the commencement exercises held at I^nax lyceum last Thursday, with t*5 other graduates, among whom he stood fourth ih honors, being tive-stxtha of | per cent, behind the highest . of them, Mr. Lesser received the degree of LL. Jjh1ft 9 w. Miss Katherine A. McLeod Is spendinga few days with friend* at Auburn,4ir**Mw*9r Ga«ni Exet»tK*« t* Niagara gallsThe Green way guard win nm the firstexcursion of the season to Niagara Falh Bunday. June 20, t£*L via West Bhore railroad'. Train leavers West Shore depot at *;15 a. in-, arriving at #the falls at 12:l£ nAort: returning leave falls aft 7p. in;, arriving in Syracuse at 13 m. Tickets fur round trip, 12.SA. - ^tl*fterneveiCarneewillwilldm;% A»» Cnklnii Msmartl.Johnnie Masher, an ? eligible young man, was making a call aft the Chafile mansion, and Miss Nellie ChaAe was entertaining him.« They Were discuss* tng the question of flowers. Mr, Masher said: ■.*•••. ..“The flowers that bloom in the spring are alt right, but I admire ilie chrysanthemum more than any ether flower.-j “That's very natural,” replied Nellie; ~it Is so much tike you.”' . . rv ■• In what waybill. the ^chrysan the roust tike m*r he askT;‘•Tt is tike you because it pwms late
Newspaper Details
Syracuse Daily Standard
Syracuse, New York, US
Tue, Jun 15, 1897
Page 6
Full Page
Clipped by
Sarah K.
NA, 23 Apr 2021
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