Bellefonte, Pa., September 16, 1904.
P. GRAY MEEK, - - - Eprror
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EE ——————
Democratic Presidential Ticket.
For President,
ALTON B. PARKER, of New York,
For Vice-President,
HENRY G. DAVIS, of West Virginia.
PRESIDENTIAL ELECTORS,
RoBerT WiLsoN IRWIN,
STANLEY W. DAVENPORT.
DISTRICT ELECTORS,
Ar-LARGE
1. Harry Nicholls, 17. 8. Z. Hawbecker,
2. Jos. Wainwright, 18. Robt E. Weigley,
3. John M. Campbell, 19. L. D. Woodruff,
4, James M. Stewart, 20. Nevin M. Wanner,
5. H. Max Rowland, 21. T. E. Costello,
6. Moses Veale, 22. Wm. T. Mechling,
7. Emil Holl, 23. Rockwell Marietta,
8. Benj. 8. Johnson, 24. Chas. H. Aiken,
9. W. Hayes Grier, 25. James P. Colter,
10. William Craig. 26. M. F Ocolbangh,
11. John McGahren, 27. Alfred W. Smiley,
12. Charlés F. King, 28. 8. E. Walker,
13. Isaac Hiester, 29. Henry Meyer,
14, John Sullivan, 30. Thomas B. Foley,
15. Jno. B. Coulston, 31. George Heard,
16. Alphonsus Walsh, 32. Charles B. Payne.
State.
For Justice of the Supreme Court,
SAMUEL G. THOMPSON, of Philadelphia,
For Congress,
CHAS. W. SHAFFER, of Cameron Co.
Democratic County Ticket.
For President Judge:
ELLis L. Orvis Esq., of Bellefonte.
For Assembly:
J. W. KEPLER, of Ferguson Twp.
JoHN NoLL, of Bellefonte.
For Prothonotary:
ARTHUR B. KIMPORT, of Harris Twp.
Fer District Attorney:
W. G. RUNKLE, of Bellefonte.
For County Surveyor:
J. 'H. WETZEL, of Bellefonte.
Are We Have a Non-Partisan
Judge ?
It has been well and truthfully said that
‘“she judiciary should be beyond reproach, ”’
aud to this end we invite the attention of
the voters of the 49th Judicial district at
the very opening of a campaign that will
result in the choice of a man who will pre-
side over their courts for ten years to come
to a compariron of the two men who are
regularly nominated candidates for the
office. Politica should not enter into a
judicial campaign, nor is it becoming that
methods inconsistent with the dignity of
the office should be resorted to. Party
ties should nct bind any person to the sup-
port of a man not in every way qualified to
fill the exalted office of Judge. And prin-
oipally because of these reasons the WATCH-
" MAN takes this opportunity of stating thas
it does not propose to take the initiative in
mud slinging or discussing this particular
contest in any other than an argumentative
manner.
The man who is to pass on our lives and
our liberty should be thoroughly studied
before we vote for him. The position he
aspires to fill is too grave an one to give be-
fore his merits, his character and his temper-
ment have been carefully looked into.
In point of legal attainments there can
scarcely be any competition between Mr.
Eunis L. Orvis, the Democratic nominee,
and Judge JoBN G. LovE. the Republi:
can candidate and present incumbent.
Both are men well learned in the law, bus
in those peculiar persona! characteristics
that make for an even tempered, calm,
dispassionate, deliberative, non-partisan
justice we contend thas Mr. ORVIS is far
superior. Ten years of service have re-
vealed in Judge LOVE many unsafe
tendencies. His record on the bench is
punctuated by cases in which either per-
sonal preference or lack of even judgment
have run to extremes of severity and
clemency. During almost all of the ten
years he has heen our presidents Judge he
has taken a persistent and pernicious part
in politics to the end that he might build
up a political machine, with himself at the
head, for the purpose of crnshing others of
his own party nes in sympathy with his
plans.
We pay our Judges a large salary and
eleot them for long terms principally in
order that they may remove themselves
entirely from business and politics ; to
enable them to be independent of either.
But Jodge LOVE has utterly disregarded
this intent of the constitution. He has
played the political game with all the
trickery and corrupt methods of the low-
est politician and these are the facts tbat
we urge the voters of the 49th district to
look into for themselves before considering
giving him another tenure of office.
On the other hand Mr. ORvVISisa man
whose past life leaves no question as to
what his future conduet will be. While
he has always been a Democrat he has
never aspired to leadership in hie party,
nor aimed to dictate its policies. Of a de-
cidedly literary and analytical turn of
mind he bas spent most of his time in re-
search ; unwittingly preparing himself for
the very duties to which he has now been
called. He is a man of strong convictions,
bat absolutely void of partisanship. Die-
agreeing with his party in 1896 he brooked
e indignation of many of his warmest
friends to support the candidates for the
Presidency who hess represented his ideas
of what the exigencies of the times de-
manded. We refer to this incident, in
particular, because we feel that it should
prove the most convincing argument we
can present in substantiation of our be-
lief that be is a man whose strength of
character is most fitting for a fair and im-
partial Judge.
Vom ¢ "
The Sume Democratic Gains Will Carry
’ Every Doubttul State for the Dem-
ocracy.
1 The result of the election in Maine on
Tuesday has been heralded throughout
the country as another great triumph of
the Republican party. The majority} of
29,006 in that State is alleged to indicate
a complete confidence in the policies and
“practices of the ROOSEVELT adminstration.
As a matter of fact, there is nothing in the
result to justify such claims. The com-
plete returns from Maine show a Demo-
cratic gain of over 24 per cent on the total
vote of four years ago and this without any
Democratic effort. The same gain in New
York, in Connecticut, in New Jersey, in
Delaware, in Maryland, in West Virginia,
in Wisconsin, in Indiana, in Nebraska, in
Colorado an@l in Montana, will make all
those States certainly and reliably Demo-
cratic. :
And why should not those States show
the same proportion of Democratic gains?
Maine was known to be hopelessly Repub-
lican and was virtually allowed by the
Democrats to go by default, while the
Republicans, in order to keep up their
hopes and to stimulate the rank. and file
of their party, resorted to every means
known to practical politics to secure a
larger majority than the State had ever
before shown. In this they most signally
failed and out of that failure comes the
encouragement to Democrats in the States
in which the great battle is to be fought.
The result in States like Vermont and
Maine on one side and Texasand Arkansas
on the other, is really of no importance.
The Maine election shows that while the
trend of publiosentiment is not overwhelm-
ing in either direction, it is decidedly
and certainly for the Democrats and thas,
if without effort on the part of the Demo-
orats and in the face of the greatest en-
deavor on the part of the Republicans,
there is still a percentage in favor of the
Democrats, in the pivotal States where
both parties enter the fight with all their
forces, the result MUST be in favor of the
Democracy. In New York, Indiana, Wis-
consin, and West Virginia, all: these agen-
cies will be in operation and the Demo-
orats will proportionately increase their
gains so that, considered even from a Re-
publican viewpoint, the result of the elec-
tion in Maine must be accepted as indicat-
ing a Democratic victory in the general
election next November.
Playing War at Ball Run.
The army -is--at--present engeging in a
friendly game of war on the site of the bat-
tle of Bull Ran. For this purpose most of
the troops within the houndaries of the con-
tinent, have heen assembled at vast ex-
pense. General CORBIN. who never par-
ticipated in a real battle, bat has been ad-
vanced to a high rank as a favorite of the
Republican politicians, is in charge of the
operations. General GRANT bas command
of one side in the contention and another
Brigadier-General is in command of the
other. Presumably the purpose is to show
how the rebel troops might have been de-
feated on that memorable occasion away
back in 1862.
This friendly contention will cost the
country anywhere from one to two millions
of dollars. The result may be worth the
price to such curious folk as imagine that
the military officers of the period of the re-
bellion were incapable because it: may be
assumed that General CORBIN will prove
anything he wants to prove by manipulat-
ing the forces. But to those of us who are
not Josing sleep concerning that subject, it
is not easy to discover how such an expense
is to be justified for such a purpose. In
other words, i6 would seem that at a time
when the revenues are vastly below the ex-
penses, it wonld be hetter to keep the
money in the treasury to meet contingen-
cies which may arise. Vii
It Dr. LEONARD WoOD were on this side
of the Pacifico and the question of his con-
firmation by the Senate as Major-General
still a mooted one, the enterprise and the
expense might be worth whileas a medinm
of making for him a military reputation.
Or probably RooSEVELT and CORBIN have
some other ‘‘carpet knight’’ whom they de-
sire to jump over the heads of hundreds of
veterans and that the soldier play is for
shat purpose. In any event, we are culti-
vating militarism now and though if is ex-
pensive, the party in power must have is.
Demoeratic County Convention te Re-
convene.
The delegates elected at the Democratic
primaries on June 4th, 1904, to represent
the Democratic party of Centre county in
convention, will re-assemble at the cour
house in the borongh of Bellefonte, on
Tuesday, Sept. 20th, 1904, at 11 o’clock a.
m., for the purpose of electing three con-
ferees to represent Centre county in the
district conference, composed of Clearfield,
Clinton and Centre counties, comprising
the 34th Senatorial District to nominate a
candidate for State Senator.
J. L. SPANGLER,
Chairman County Convention.
H. 8S. TAYLOR,
County Chairman.
Democratic Day at Granger's Picnic.
County chairman H. S. TAYLOR has com-
pleted arrangements for Democratic day,
next Wednesday, at the Grange encamp-
ment at Grange park. The speakers of the
day will be Hon. Jorx H. Fow, of Phila-
delphia; Senator Ed. M. Herbst, of Berks
county; Hon. James A. Gleason, of Clear-
field county, and the candidates on the
local county ticket. All the above named
men have reputations as platform speakers
‘and every Democrat in the county, as well
as Republicans generally,should be present
and hear the real issues of the present im-
portant campaign intelligently discussed.
Gen. Zassalitch Captured With Three
Thousand Men.
-| Official Dispatches State That He Has Been
Severely Wounded.
LONDON, Sept. 13.—The Morning Post
states that official Russian despatches re-
ceived in London annonnce that Lieuten-
ant General Zassalitch, who commanded
the portion of the Russian rear guard south
of the Hun river, has been severely wound-
ed aud captured, with three thousand ont
of his 5,000 men.
It is added by the Morning Post that
General Zaroubaieff, Gondratovitch and
Bilderling have checked General Knuroki’s
advance.
ST. PETERSBURG, Sept. 12.—The
Birzheviya Viedmostis correspondent at
Tie Pass telegraphs to his paper as follows:
‘‘The Japanese, who had been accused
of moving forward slowly,are now advanec-
ing very rapidly. Little avails the Raus-
esians increase of troops for the Japanese
are receiving reinforcements from Newch-
wang. The initiative will remain in the
hands of the Japanese and their tactics
will always be repeated.”
GENERAL KWROKI'S HEADQUARTERS
IN FIELD, LIAOYANG, Sept.8.— (Delayed)
—The battle of Liaoyang was a maguoifi-
cent victory of which the Japanese have
great reason to be proud, although they
were unable to realize their hopes of
another Sedan.
Is is unquestioned that at Liaoyang
General Kuropatkin expected to turn the
tide of war against the Japanese. I
would now appear that the fighting of the
last few weeks, since the failure of the
Russian movements to the south, was not
expected to be decisive, but was a series
of preliminary operations conducted for
the purpose of harassing the Japavese
and gaining time for the crucial struggle.
The foreign military observer with the
Japanese army find convincing evidences
that General Kuropatkin planned to de-
feat the Japanese armies in details and
then to dispatch a powerful column to the
south for the relief of Port Arthur, and
they are of the opinion that with the 13
divisions at his command, General
Kuropatkin could have accomplished this
had the quality of his officers and soldiers
equalled that of Japanese.
One result of this battle has been to
give the Japanese a much higher opinion
of the abiiities of their antagonists than
the exhibition at the Yalu river and else-
where compelled them to entertain. To-
day the Japavese army is self-possessed
and it has indulged in no demonstration
of rejoicing.
TERRIBLE PICTURE OF WAR.
The fighting was carried up the railroad
line,-but netwithstanding the fact that
the Japanese shelled the last trains which
left Liaoyang on the way to Mauakden, it
was impossible for them to intercept any
of the Russian rear guard. The area north
of the river which was fought over by the
contending armies, presents a terrible
piotare of the results of war. The fields
are strewn with hundreds of lines of
trenches and, marking the successive
stages of retreat, crematory: fires are yet
burning. Searching parties are still bring-
ing in Japanese bodies. Graves of Rus-.
sian soldiers can be seen at every turn,
some dug by comrades and others by the
Japanese. On one hillside is a group of
500 or 800 graves marked by rough sticks.
Many hodies remain undiscovered in the
high grain, and the odor of decomposition
fills the air. Flocks of crows hover about
and hundreds of Chinese dogs roam the
fields.
Democratic Leaders in Conferemce in
New York.
NEW YORK, Sept. 12.—There was a con-
ference of national leaders at the National
Democratic headquarters, which lasted dur-
ing the greater pars of the day. Among
those present were Henry G. Davis, the
vice presidential candidate, national chair-
man Taggart, August Belmont, William
F. Sheenan, James K. Jones, of Arkansas,
the national chairman of four years ago;
Daniel J Campan, of Michigan; James M.
Hogg, of Texas; .John G. Carlisle, Thomas
F. Ryan and national committeemen
James M. Guffey, of Pennsylvania.
Mr. Taggart will go weet on Wednesday,
it is said, aud will he away from nationa
headquarters about a week. .
Senator Gorman, of Maryland, arrived
late to-night and he and Senator Davis
went into conference after each had an-
nounced that nothing concerning the ques-
tions to be discussed by them would be
made public... ih
“United We Stand.”
From the New York Times, Sept. 10th.
Colonel Lamont is right. ‘‘Any man
who now raises the question as to. whether
a man was a gold Democrat or a silver
Democrat or a Cleveland Democrat or a
Bryan Democrat or a Douglass Democrat or
a Breckenridge Demoorat is serving Theo-
dore Roosevelt and not Alton B. Parker.”’
This point was emphasized by Judge Park-
er in his talk to the Democratic editors.
The cause cannot be advanced by attacks
on others within the party with whom we
have had disagreements bus who are now
working with us for a common result,” he
said ; ‘ordinary prudence forbids the
alienation of allies who are willing and
anxious to aseist.’’ :
ADDITIONAL LOCALS,
—— Daniel Dunkle and family, who
have been residents of this place for sever-
al years, moved to Pittsburg, on Wednes-
day.
remap prererereen
——The water is now so low in the
streams here that the pumps at the new
borough water plant were run by steam sev-
eral days during the past week.
rt fp enti,
——The fall term of Mies Grace Mitch-
ell’s school opened yesterday in the
Thomas house, corner Allegheny and Cur-
tin streets.
——At a meeting of the directors of the
Bellefonte hospital held in the office of Col.
W. F. Reynolds, president of the board, on
Tuesday night, C. C. Shuey was chosen to
succeed the late Col. W. F. Reeder as a di-
rector.
eee mets é
+ ——Yesterday the postoffice at Potters
Mills was suspended, owing to the resigna-
sion of the postmaster, Mr. Clark Bible,
and in the foture residents of that town
and neighborhood will be served by rural
delivery from Spring Mills,
rr QA,
——Next Tuesday will be the Jewish
Day of Atonement (Yom Kipper) and con:
sequently all the business places conducted
by the Hebrew residents of Bellefonte will
be closed from 6 o’clock Monday evening
until 6 o’clock Tuesday evening.
Se HEC
GREEN AND DILLEN’S REASONS FOR A
NEw TRIiAL.—Monday morning counsel
for Ira Green and William Dillen filed their
reasons for wansing a new trial for the con-
vioted men. The paper is quite a volumi-
nous one, embracing twenty-three reasons
in all. Tncluded in the reasons ia an im-
peachmens of the integrity of two of the
jurors who sat on the case, whom, it ix al-
leged, prior to being drawn and accepted as
jurors, made positive declarations as to
what should be done with the prisoners.
At this time of writing no time has been
set by the court for argument in the case.
Monday and Tuesday the counsel for the
defendants took testimony before Justice
Harshberger which they will use in their
argument for a new trial. The reasons in
full for a new trial follow :
REASONS FOR A NEW TRIAL.
Commonwealth of Penn-] In the Court of Oyer
sylvania and Terminer and Gen-
v8. eral jail delivery for the
William Dillen and | county of Centre, No.
Ira Green. J*45, Aug. Sessions, 1904.
The defendants, William Dillen and Ira Green
move in arrest of jndgment and for a new trial
for the following reasons:
First. The verdict of the jury, viz: Guilty of
murder in the first degree, is in violation of the
evidence and the law of the land.
SecoNp. That the evidence to sustain a verdict
of murder in the first degree was insufficient in
this, that no intent to take life was shown on the
part of the Commonwealth, which intent must
exist in every case of the first degree murder.
Tuiep :. That the evidence strongly showed
the absence of an intent to kill, but simply an in-
tent to escape from the jail, the Commonwealth
having so proyed by its own witness who saw
part of the transaction and who heard the de-
fendant say to the deceased ‘‘do not make a noise
and we will not hurt you.”
Fourtn: The Court erred in not instructing
the jury clearly on this branch of the case.
Firru : The Court erred in not presenting ade-
nately to the jury the evidence on the part of
bv defendants.
Sixtu: The Court erred in answer to defen-
dants’ seventh point in not absolutely and with-
out qualification affirn.ing the same, the defend-
ants being entitled to an absolute affirmance
thereof without qualification.
Seventa: The Court erred in not instruectin,
the jury in its charge in reference to the effect of
previous good character, to which the attention
of the court was called, by the seveath point.
Eiwgatu: The Court erred in failing to call to
the attention of the jury in its charge any notice
of the previous g character of the defendants,
Ninth : The Court erred when counsel for the
Commonwealth, viz: E. R. Chambers, in sum-
ming up to the Jury rushed upon the prisoners
and, with his fist drawn, in a passionate and vin-
dictive manner, calling them cowards and re-
peating the same words with vehemence and in
anger, and the attention of the court was imme-
diately drawn thereto by objection of counsel on
the part of the defendants, in not publicly rebuk-
ing the counsel, and especially in not cautioning
the jury in reference thereto, and that they
should not be influenced by the unwanton and
malicious attack of counsel upon the prisoners.
Tent : The Court erred in not sustaining the
challenge of defendants to the array of jurors,
both grand and petit, and in not quashing the
panel.
Eieventa: The Court erred in not holding as
matter of law that it was mandatory on the com-
missioners in filling the Jory wheel to make two
lists thereof, one to be filed with the prothono-
tary of the court, and the other oe given to the
sherift to be placed in his office for the inspec-
tion of all persons interested or concerned in re-
lation thereto, the uncontradicted evidence be-
ing that but one list was prepared and that none
was given to the sheriff. |
Twerrrh: The Court erred in refusing the ap-
lication of the defendants for a continuance of
Pe cauge until a future time, because of the
very great excitement in the community and the
prejudice existing against the defendants, which
prejudice was expressed publicly sud continu-
ously in the court room, io llefonte, and
throughout the county up to the time of the trial.
TuirreeNtH: The Court erred in undue haste
in pressing the cause to trial, well knowing the
ern hi fie Innsmen mind’ Fo IH | ci zens
ncluding the jury, agains prison-
Sid against them,
had at the
generally
ers, and the very great pre
and that an impartial trial could not
then present term of court.
~Fourreestd : The Court erred in not making
an immediate order upon the application of Cle-
ment Dale for process and means to be furnished
by the county that defendants might be able to
obtain necessary evidence in their behalf by the
summoning of witnesses, and to meet absolute
expenses, the defendants being aterly, without
any means, and delaying the same until Wednes-
day morning, 24th of August, and then ordering
that the case should be called on the following
morning for trial, defendants not having suffi-
cient time within which to secure the attend-
ance of witnesses who were material in their de-
fence, and who were living at a considerable dis-
tance in the state from Bellefonte; the extreme
shortness of time preventing the defendantsfrom
obtaining more than two witnesses that could be
reached by traveling night and day.
Frrreesti: The Court erred in pressing the
case to trial so’ rapidly, when if a reasonable op-
portunity had been given, defendants conld have
POrernan many witnesses showing their good
character, not only for truth, but as peaceable
and law-abiding citizens.
SixTeeNTH : Defendants further move for a
new trial for the following.reasons, that several
of the jurors empanelled and sworn were biased
and prejudiced against the prisoners; that the;
had formed and expressed an opinion of their
uilt prior to the trial and upon their voir, dire
oy ad any bias or prejudice against the
prisoners, and that they had neither formed nor
expressed an opinion with regard to their Suk
or innocence, facts which were accepted and be-
lieved to be true by the defendants, but which
subsequently to the trial defendants have learned
were untrue,
SeventeeNtH : That one of the Juror empan-
elled and sworn, and who {testified upon his voir
dire that he had neither bias or prejudice for or
against the prisoners, that he had not formed nor
expressed an opinion with regard to their guilt
or innocence, a few minutes before he was called
in the court house expressed to a by-stander and
others an emphatic opinion that the necks of the
risoners should be stretched, TefeiTing to the
Panging of them for this crime. This fact was
unknown to the defendants and their counsel,
and was learned for the firat time on the 30th of
August, 1904, two or three days after the verdict
was rendered. That the same juror was violent
inthe jury room and made use of every effort to
convict the defendants of murder in the first de-
gree. : y
Erguareenti: That another of the jurors em-
panelled and sworn in the cause, and who on his
examination testified that he had not formed nor
expressee an opinion with rd to the guilt or
innocence of the defendants; that he had neither
bias nor prejudice against them, said to others
on the nineteenth day of Aug. 1904, that the de-
fendants ‘should be hung, and that Jianging
was too good for them; that they should be
burned at the stake like ‘‘niggers is the South.”
|, This juror was accepted upon his voir dire, but
the fact of his prejudice and bias and expressed
opinion was unknown to the defendants or their
counsel until after the rendition of the verdict.
Nixereentn: That some twelve talesman were
called without authority of law by Dr. 8S. M. Huff,
coroner; that no authority was shown which
authorized the calling of jurors by a eoroner.
Twentiers : That in a proper case where a
coroner is called in to act as, for and in the Dl
ol the sheriff of the county, he, in the Jor 0)
ance of such duty, acts as sheriff, and therefc
the law requires him to be sworn as sheriff in the
performance of such duty. The coroner in this
case Was unsworn.
Twenty-First: That the coroner was directed
by the court to call jurots de cireumstantibus;
that insiead of so doing, he called persons who
were not in the court house, and the names of
one or more of the talesman were suggested to
him by others; that he even called one of the
witnesses for the Commonwealth, whose name
was endorsed upon the indictment.
TwenTy-sEcoNp. That the verdict of the jury
was not the free and voluntary conclusion and
agreement of the entire jury. That the verdict
was influenced by prejudice in the minds of some
of the jurors and by previously expressed opin-
ions of the defendants’ guilt. That one or more
of the jurors was guilty of exceeding misconduct
in endeavoring to coerce and did coerce fellow
jurors to agree upon a verdict of guilty in the
first degree. That one of the jurors, whose judg-
ment was in favor of second degree, took very ill
in the jury room and became so sick that he
could not remain there longer, and fearing for
his health, (being a man of advanced years) only
agreed to the verdict rendered because he was
unable to remain longer in confinement.
TwenTy-THIRD : That defendants did not have
a fair and impartial trial; that their case was pre-
judged; that they were forced on to trial
without having time and means to secure testi-
mony, which can be adduced if opportunity be
ace
m-
ore
afforded. That the trial was forced on with un-
due haste! That many of the jurors selected
were prejudiced, had expressed opinions which
remained with them dur ng the entire trial and
influenced their judgment and the verdict.
(signed), CreMENT DALE,
A. O, Fugrsr,
HENRY QuiGLEY,
Atty’s for Def dt.
REASONS IN THE CONSTANCE CASE.
The attorneys for Dominic Constance,
convicted of attempted arson, also filed
their reasons for a new trial, as follows: |
REASONS FOR A NEW TRIAL.
1 In the Court of Over and
of Penn’a. | Terminer and General
ail Delivery, in and for
Centre Sounis,
No. 13, Aug. Sessions, 1904,
Com.
a i 2 ¥Se
Dominic Constanes J
And now to wit: September 2nd, 1904, the de-
fendant, Dominic Constance, by his AlOrReys, Ww.
Harrison Walker and H. C. Quigley, files the fol-
lowing reasons in support of the rule to show
cause why a new trial should not be granted in
the above stated case, as follows:
First: Because the defendant since the trial
has discovered that John Hampton, a witness for
the Commonwealth, at the time he alleged he
was with him (the defendant) at eleven or twelve
o'clock of the night of June 12th, 1904, that he,
the said John Hampton was drunk, so drunk that
he was unable to know anything, and also that he
was not at the shanty as testified at said time,
and hence his testimony was false and untrue.
That his counsel did not know that said Hamp-
ton was a witness in the said case until he was
produced at the trial, and that owing to the fact
that defendant was confined in jail and could not
personally search for witnesses, and that his
counsel were ignorant of the alleged testimony;
that the same could not have been discovered by
1eason of diligence which had been exercised by
his counsel, and that said evidence being after-
Wards discovered is not cumulative or corrobora-
ve.
Secon : Because the jury did not agree upon
a verdict from the evidence in the case or the
charge of the Court, but from prejudice existing
against the defendant by reason of his escaping
from jail; that several members of the jury refus-
ed to discuss the evidence in the case, and insist-
ed that the said defendant was guilty on ‘‘gener-
al principles.”
Tairp: Because one of the jurors made a test
in the jury room of the sizes of shoes, and that he
put on a No. 7 shoe when in fact he wore a No. 9
shoe, and it was upon this test which was made
by she juror in the jury room that they immedi-
2 iy found a verdict of “guilty” against the de-
endan
Fourtn: Because the evidence in the case was
not considered in arriving at the verdict, but that
other and out-side matter and tests, entirely for-
eign to the case, were taken into consideration
and a verdict of guilty found contrary to the
charge of the Court as well as the evidence of the
case,
Fiera : Because fhe verdict was against the
evidence as adduced by the witnesses on the
witness stand and the law as laid down by the
Court in his charge to the jury.
® Ww. BARRISON WALKER,
H. C. QUIGLEY,
Att’ys for Defendant.
CONSTANCE AND HENDERSON SENTENCED.
Yesterday the court heard argument on
the reasons for a new trial for Constance.
The arguments were very brief, attorneys
Quigley and Walker speaking in the inter-
est of the defendant and District Attorney
Spangler for the Commonwealth. The
court took the papers in the case and at 2
o'clock in the afternoon refused the appli-
cation and ordered Constance, as well as
George Henderson, who pleaded guilty to
larceny and jail-breaking and Mike Bart-
ger, convicted of indecent assault, brought
into court for sentence.
Bartger was the first man to be given his
sentence, which was a fine of $1, costs of
prosecution and two years in the Western
penitentiary. Dominio Constance, on the
charge of attempted arson, for which he
was convicted, was sentenced to pay a fine
of $1, costs of prosecution and four years
in the penitentiary. On the charge of jail-
breaking sentence was suspended pending
good behavior on his release from the peni-
tentiary. George Henderson, on the charge
of larceny, was'sentenced to pay a fide ‘of
$1, costs of prosecation and two years and
four months in the penitentiary. Sentence
was suspended on the charge of jail-break-
ing. Sheriff Taylor will likely take the
three men to the Western penitentiary this
afternoon. As
4 I ———— eer —
——Little Carlton Latbrop, the 5-year-
old son of Rev. and Mrs. Lathrop, of Miles-
burg, fell on Tuesday evening while play-
ing and dislocated the elbow joint and frac-
tared the humerus just ahove the joint.
Dr. Huff rendered the needed surgical aid
and the little sufferer is doing as well as
could be expected.
re OE
——As the bodies of Samuel Swarm and
mother were being borne to their last rest-
ing places, the funeral cortege of Joseph
Gingher passed by them in Milesburg. Thus
was witnessed an unusual scene of three
bodies being borne to the grave at once.
§ —— trier
THE HUGHESVILLE FAIR. — The 34th
annual fair at Hughesville, under the ane-
pices of the Muncy valley Farmers’ club,
will be held Sept. 20th, 21st, 22nd, and
23rd. The Hughesville fair has always
been the finest ever held in Lycoming coun-
ty, and the efforts being put forth to make
that of 1904 excel, in every way, all former
ones leaves no question about how good the
former one is to be. Special attractions of
a first-class order have been secured, and
there will be something doing from early
morn until dewy evening, the performance
in front of the grand stand taking place in
the morning as well as afternoon.
: ;
DEATE OF D. BARTON MACKALL.—
From the Evening Star, Washington, D.
C., Sept. 10th, we copy the following no-
tice :
Mr. D. Barton Mackall, who died sud-
denly at Capon Springs recently from a
stroke of apoplexy or a cerebral hemor-
rhage, was the son of the late Brooke Mao-
kall, of Georgetown, one of the old and
well-known families of the District. Mr.
Mackall was a broker and real estate agent
and had his offices with Mr. Wm. R.
Hodges on T street. He leaves a large oir-
ole of relatives and friends in this city, and
was a genial gentleman.
Mr. Mackall was unmarried. He had
been in delicate health since last winter.
¥ one
——The remains of Mrs. Wm. H. Pot.
ter, who died in Buffalo last week after
undergoing an operation, were brought to
Unionville where the ' funeral took place
on Sunday from the residence of her hus-
band’s father, Mr. W. R. Potter. Mrs,
Potter was a danghter of Mr. and Mrs.
John Earon. She was aged 32 years and
is survived by her husband and three
small children,
Il
BowER.—David O. Bower, a former
resident of Aaronsburg, died at the home
of his son, Robert Bower, in Blandsbarg,
Wednesday of last week. The faneral
was held on Friday.
a
MOTHER AND SoN Die WITHIN Four
Hours oF EAcH OTHER.—About 9 o’clock
on Sabbath evening, Sept. 11th, 1904, the
life of Mrs. Nancy Swarm, a well known
and life long resident of Milesburg, came
to .its close. She was aged 73 years, 5
months and 3 day#, and the cause of her
death was infirmities of old age.
About four hours later her fon Samuel
Lewis Swarm was suddenly stricken down
by heart trouble, intensified no doabt by
grief over his mother’s death. He wis
aged 43 years, 9 months and 7 days. For
years he has heen the village harber and a
prominent member and official of the
Milesburg Fire company. He was a good
oitizen and will he much missed. Both’
mother and son were highly esteemed and
bad many friends, as was shown by the
abundauce of floral tributes and the large
concourse that gathered for the funeral ob-
sequies.
The survivors of Mis. Nancy Swarm are
one son and two daughters : John Swarm,
of Delancey; Mrs. Sarah Chaffle, of Delan-
cey, and Mrs. Catharine MoKinoey, of
Winburne. Also two brothers : Samuel
Koon, of Titusville, and Joseph Koon, of
Boalsburg, and one sister, Mrs. Mary Page,
of Linden Hall. There are also three half-
brothers, John Koon, of Centre Hall; An-
drew Koon, of Rock View, and William
Koon in the west, and one half-sister, Mrs.
Bessie Watson. ;
Samuel Swarm is survived by his wife,
Mrs. Minnie Swarm, and four small chil-
dren, Agnes, Earl, Samuel and Elwood.
Faneral services were held at their late
residence on Tuesday afternoon at 2
o'clock. Pastor A, C. Lathrop officiated,
assisted by Rev. Piper, of the M. E.
church, and Rev. Shultz, of the Evangelic-
al church. Business was for the first time
suspended, the school dismissed and al-
most the entire community attended. The
fire company attended in a body, six of
whom acted as bearers. First they hore
the body of the son to the hearse and then
carried the body of Mrs. Swarm to its last
resting place in the Milesburg cemetery
near by. The funeral cortege then pro-
ceeded in carriages to Curtin, where the re-
mains of Samuel Swarm were interred. It
was a severe blow to the family and they
bave the sympathy of the entire commu-
nity.
I I I
JOSEPH ALLEN GINGHER.—After suffer-
ing with a complication of diseases for a per-
iod of nine months Joseph A. Gingher died
ab 12:40 o’clock Sanday, at the home of his
mother, Mrs. Arvilla Gingher, on Willow-
bank street. Joseph was a ‘moulder by
trade and worked in the foundry of J. H.
Lingle. Last April he was stricken with
hemorrhages and was under the doctor’s
care all the summer, until lately, when he
was supposed to have recovered his usual
good health, and he returned to work.
Saturday night, September 3rd, he was
taken suddenly ill and from that time on
grew gradually worse until death came on
Sunday.
Deceased was the eldest son of William
H., (deceased) and Arvilla Gingher and
was born at Roland on January 21st, 1881.
He was always an energetio, industrious
young man, much liked by all who kuew
him. He was a charter member of the Im-
proved Order of Red Men, Nehasane Tribe,
No. 71, which was organized Sept. 19th,
1902, and held the position of collector of
wampum. Mr. Gingher wae the first
member to have died since the organiza-
tion. He was also a member of the Red
Men’s Fraternal Accident Association of
America. Ag oan
In addition to his mother there are left
to mourn their loss four sisters and two
brothers: Mrs. Henry Ganlt, Mrs. George
Martin, of Sewickley; Harvey, of Altoona;
Edward, of Sewickley, and Blanche and
Mable, at home. The funeral occurred
Tuesday afternoon from the house. Serv-
ices were conducted by Rev. Davidson, of
the United Brethren church, of which de-
ceased was a member, assisted by Rev. Cox,
of the Evangelical oburch. The body was
taken to Roland for interment.
FLARTZ.—Simon Flartz, a well-known
and much respected citizen of Chester Hill,
near Philipsburg, died at his home in tha
place Wednesday of last week at the ad-
vanced age of 74 years. Deceased was
born in, Baden, Germany, in 1830. He
carne to this country in 1848, settling at
Wellsboro, where he was married to Miss
Caroline Bugler. He was a brave soldier
in the war of the rebellion, receiving an
honorable discharge. He came to Chester
Hill about four years ago. Besides his wife
he leaves nine sons and daughters, as fol-
lows : A. J., Detroit, and Alex., of Plain-
ville, Mich. ; John, of Galeton; Emma, wife
of Johu X. Jones, Export, Pa.; Frank,
Kalamazoo, Mich.; Mrs. John Scott, Mrs.
Carrie Mott and Mrs. Frank Grans, all of
Chester Hill, and Fred., at home. The
funeral took place at 2 p. m, Friday, Rev.
F. J. Clerc, D. D., officiating.
I I I
AUMAN.—Mrs. William Auman died
at her home in Tylersville on Sunday of
a complication of diseases. She was aged
45 years and is survived by a husband and
one son The funeral services were held
Wednesday morning and were conducted
by her pastor, Rev. R. H. T. Searle, of the
Evangelical church.
wi fai Bos footed)
BIERLY.-——Mrs. Meda, wife of Charles
Bierly, died at her home in Buffalo, Thurs-
day of last week, aged 28 years. Deceas-
ed was a danghter of Mr. and Mrs. Jerry
Walker, of Rebersburg. She is survived
by a husband and three small children.
The remains were brought to Jersey Shore
for interment. :