01MM. )L27. BLOOMSBURG, PA., FRIDAY, OCTOBER 7, 1SU2, NO. il Violation of Liquor Laws- .t.Mc.nf the Commonwealth Lt I. S. Mann. rharged with sell- (jCtr 10 minors, ii ltd in wuii laai :k Thursday, Judge Ikelcr charged i jury as Ioiiobs: r.vTtEMF.s of t,jk Jury : The endant, John S. Mann, stands be rharred in this indictment ,h having, on the twenty-third day January lasi, uiu uuuAii;a.iiiig Li. nn? vcirs of ace. !L'n(ler the act of 1887, the penalty r . n :. . c. -r SUCh a Violation w law is 1111c 01 ,'w than one hundred dollars and, he discretion of the court, revoca wof license. The court may re ,1c the license, or may not ; but the ie is imperative. iv court and the jury are -here yer their oath to see that the laws t observed, the .proper penalty (iolation of any law is enforced. The defendant's license to retail in itiating liquors was obtained by in, from this court by compliance on ii part with the law of the common ttlth under which such license is rated ; he paid for it, it is a part of is property, and he is entitled to hold .unless he has forfeited his right by oii-observance of the law under kich he obtained it. It appears in the case, without any Sspute, that the defendant did sell to i least three of the persons named in liis indictment (two of them shown to uve been at the time, and to be now, uinors) beer, on the day laid in the adictment. In cases of this kind, the law re tires that the charge be made speci ally that the days and times should be set forth in the indictment, that (it names of the persons to whom the ifleged sales were made should be mentioned, if known to the inouest. land that the proof should be confined no the alienation as made in the bill Hound. If it were alleeed in this indictment Jut the defendant had sold "at divers other times before and afterwards," then the defendant would have been entitled to a bill of particulars, and, if that had been dulv furnished him bv the commonwealth, proof might have been made in accordance with such ibilL However, it is scarcely necessary in liis case to comment upon these mat ters as they are not here involved. The supreme court of this com monwealth, in reviewing the decisions of the lower courts, has gone very far, we think to place a strict and harsh construction upon this act of 1887, against the hotel keeper. We will give you the language of the supreme court: "It appeared in the evidence that the respondent had sold beer to two minors. The respondent was sworn and admitted in his testimony that he aad sold beer to the two minors men- tuned. His excuse was that their ap pearance indicated that they were of fall age, and as a precaution before Jelling, he asked their age ; that he tad sold to them in good faith, fully believing them to be of full aee. Con ning all this the supreme court says no excuse or justification. This was a case in which there had keen granted a rule to show cause hy a license should not be revoked vq account ot sales to minors it was tvoked by the court below, and that action was sustained by the supreme court We are bound by that decision, e must follow it, and we shall do so wniuiiy ( but we think that it is a ery harsh construction of the statute, to say that one who knows the law, desires to obev it and strives to obey ti diligently and honestly endeavors to wrnply with all its provisions, should from an unwitting transgression lose his property or his liberty $ yet such is "e result as the law i rnnstrued bv - "J SUnreme rmirt nf nur state, Hence it becomes the duty of tb tuurts to hold the nrnseeulor verv closely to the rules of evidence, and to 'f, strict in the requirement of good 'aith Upon the nnrt nf the nrnsecutor. . t - - 1 it Seems In m that thorn ftncrht tfl . . - . -'-VIV V " O legislation upon this subject In pne Buckalcw act of 1856 or 1857 r u not recollect the exact date 11 f so provided that a person coul Qot be convicted unless it was shown at he wilfully furnished the liquor ; "le words knowingly and wilfully r": In that art ' nf aaaomTilv. and )hev OUfht 1 can be readily ascertained whether licensee flrtpa coll I'lrnnunnnrlv find L,;if.. .. " tv - puand hail sold to persons in the Jorough of BerwicH whom he knew to r "fderage, or to beardless boys ap pnng to be under the aire of twenty lna .. 1 ... Cm ' com have iustly D r'd responsible -. a iurv of his country- Pe is competent to determine. Under r construction that the supreme f ",l Pu" upon the present license aw or , a sale to minors, whether wilful otherwise, is a vir,t-itir f k statute and subjects the seller to fine and imprisonment tri n vn Via.. punishment for the second offense, ana w revocation of license for the first offense, if the court spp fit t a.1.1 that to the fine fixed by the act. tu.. .1 r j ik icaiiinuny in mis cise has dis closed what annear to hp prinn of fenses other than that charged in this 1iKi11.1mt.-n1 1 we propose, before the persons implicated court, to put them under bond to ap pear ana answer to matters developed during the trial. It will nnt An (nr a court sitting to administer law to wink w violations oi law testified to from the witness-stand, or allow such violations tO PasS. tllOUL'h not !lln fr.rini11o fore the court. We cannot nass hv unnoticed a rler.larati that crime has been committed di rect testimony in our hearing to facts that we know to be rriminnl anil tn constitute a defined offense under the common or statute law of this com monwealth. Though the testimony developed is not perhaps sufficiently explicit to prove a violation of the election laws : a witness has said that, he, when un- ler age, was persuaded by two persons whom he named) to make oath to gether with one other and to vote at a borough-election in Berwick, in open violation of law. If it should be found that he is correct and that he voted at any time within two years, then he and the other persons men tioned should be made to answer It also appears from some of the testi mony heard here upon this trial that an attempt was made to dissuade a witness or witnesses from attending court in obedience to the subpu;na served upon them. For such an of fense there is a heavy penalty provided by law. The persons named in that testimony must answer, Two of them were held in recognisance for appearance at next term of the quarter sessions. This was done soon after the jury had rctired.1 One minor testified that he had represent ed himself of age in violation of the act of assembly in such case provided It is also clear Horn all the testi mony given here, that a scheme was concocted to entrap this defendant in to the very violation of law with which he stands charged before you. '1 his is not merely unfortunate, it is repre hensible. We do not impuim the honesty of the prosecutor. the purity of his motive ; we do say that he went too far. Before expressing ourselves fully upon this mattei, let us refer to the testimony of the witness Price, called by the defense. From his testt mony in chief that Dickson had met him here in front of the court-house at a time when this case was for trial, had asked him whether he was a wit ness in this case, and learning that he was, had taken him aside and had given him money it wonld seem that the conduct of Dickson was from a corrupt motive to influence the wit ness ; but Price himself, upon cross examination fully and clearly explain ed the whole transaction, so that it re suited to the credit ot Dickson as a man of noble mind and generous heart, and totally removed any sus picion of improper motive for his con duct j and hence we thought it our duty, when Dickson was recalled, to say that he owed no further explana tion to this court or to this jury in that pect. But, while we do not impute wrong motive to the prosecutor in sending whom he did to the defen dant's saloon, and in concerting and arranging the action of the witnesses for the commonwealth of the young men who were to drink the mtoxica ting liquor, and of the older ones who were to see them do it while we think the motive was to remedy what he deemed an evil, and that he un doubtedly intended nothing more than the breaking up of a pernicious practice in that borough of Berwick : yet we are bound to declare that the means he took are not approved by the law of tne land. He has described to you what his observations had been in re eard to seeing young men, minors, reeling and stajmering drunk upon the streets, and has told you that his effort was to discover the source "to find out where the most of it came from." He had seen a man to whom he had paid a large sum of money squandering it in the saloons, and he had seen one of the witnesses here, a minor, about to drink in one of the Berwick saloons 1 in short, he had no doubt seen enough to justify any good citizen in the desire and the attempt to stop perpetration of the crime, to arrest the violators of the law, but he had no right, in doing that, to become himself a violator of the law. Some of the best judges of this commonwealth have held that a detec tive might devise a plot for ensnaring a suspect, might himself participate in criminal act, might even offer a premium to another for the commis sion of a crime. That has been held ;but the courts are becinninir to see the necessity of calling a halt to such doc trine as that. If a larceny, a robberv or a burglary may be committed by tne connivance of a detective, and with a view to catch a "crook," then no man's property or life is safe : such conduct by a detective cannot be said to be lawful it must not be tolerated ; the business of the detective is to pre vent the commission of crime, to fer ret out him who has committed crime and to bring him to justice not to manufacture a candidate for conviction, surely not to entrap an honest man inta an unconscious viola tion of law. In the courts of 'Philadelphia only recently, when an inn-keeper was brought in by j.olicemcn upon "a put- up joo,' as this also is termed in the evidence, he was promptly discharged, and the officers severely reprimanded 1 and we think that it is our duty in this case, nuiwunsianinntr our ue let mat the prosecutor acted with an eve single to the good of society, to say that he was mistaken in his method and overzealous in his conduct of his cause. He paid Brobst. a minor. money with which to go to a saloon and buy beer : he arranged that he should go there and induce minors, to drink, and he induced others to go there to see them drink, in order that they might testify here to a violation of the law by this defendant. This court cannot tolerate such acts from whatever motive ; there are other ways to ferret out the offender ; if the counts of this commonwealth are to endorse such conduct as this, we are all un safe. . We say to you, gentlemen of the jury, briefly, that, under the evidence, your verdict in this case should be one o( not guilty. Then you must dis pose of the costs by putting them up on the prosecutor or upon the defen dant Or upon the county, or by dividii.g them between the prosecutor and the defendant in such proportion as you think fit. If you put any costs upon the prosecutor, you must say in your finding who he his ; name him. It would be folly for us to allow you to deliberate and to determine upon a verdict, and then, if it should be one of suiltv, to be obliged under the law and the evidence and the decisions of the courts to set it aside ; hence we say to you that your plain duty is to render a verdict of not guilty, and to dispose ot the costs according to our instructions. we have said earnestly what we have, in order that the public may understand the law, and for the pro tection of men who have parted with their money for the privilege under the law of selling intoxicating liquors. Neither this court, nor, in our opin ion, any other court, will allow a per son to be convicted who is thus en trapped into the commission of an offense. When the offender is honestly de tected in an unlawful act, not pur posely led into temptation, or cheated into a iecnnica.1 violation 01 law, we will endeavor to administer the pro per punishment for his offense, what ever it may be proved to be. AEiilLuIAKT W-SSIIIG. THE tF.VKRETT -MCKKLVY NUPTIALS. On Tuesday evening at six o'clock there was gathered at St, Paul's Church audience to at joined two a large and brilliant tl: MILLVIlLE. down the J. C. Christian has put best curbstone in town. Bruce German of Wanamie, Luz. Co., is staying at his uncle Will's this week. Aaron K. Heacock's new house on State St. is progressing finely. Some of our townsmen expect to take exhibits to the Bloom Fair next week. Those desiring to vote should be sure that they have paid a state or county tax in the last two years. If they have not it must be paid by Oct. 8th. Michael Smith moved last Tuesday from Ellis Eves & Bro. house to J as. Heacock's house near the mill. F. W. Heller has put down a new plank pavement along his property on Moorehead Ave. from State Street to station. The chicken thief is on the war path, as Samuel Demott and Joe Cole can testify. A Common Man. The greatest artists in any profes sion, the statesman we read of, the millionaire whom you envy, when seen by a curious person for the first time a4ways call forth the remark "Why he's just a common man, after all." All men great and small enjoy 'Squire Haskins" for it is a first class legitimate comedy. Bloomsburg Opera House, Thurs day and Friday, Oct. 14 and 15. Ad mission o and a 5 cents, no extra charge for reserved seats. witness the ceremony lives together in holy wedlock. Nearlv six hundred invitations had been issued to friends in town and abroad, and the edifice was filled with invited guests. The persons of most interest and most interested in the occasion were Miss Elisabeth Willits McKelw youngest daughter of Mr. Isaiah W. McKelvy, and Mr. William Leverett, only son of Rev. W. C. Leverett, Rector of St. Taul's. The chancel was beautifully decorated with flowers and laurel by the young friends of the bride. As the audience gathered they were shown to seats by the ushers Mr. Geo. A. Clark of Tyrone, Mr. G. W. S. Fuller of Scranton, Mr. Frank Pursel and Mr. Frank Ikeler of Bloomsburg, during which some ex cellent music was provided by Profs. W. II. Butts and Charles P. Elwell on the organ and violin. Just before six o clock Rev. W. C Leverett entered the chancel from the vestry room, followed by the organist, Mr. Geo. E. Elwell ,brother-in law of the brideandjthisVas a signal that the ceremony was about to commence. As the last stroke of the town clock ceased, the sound of singing was heard in the Parish House, and then the corridor doors were thrown open, and the procession entered, headed by the vested choir of St Paul's, con sisting of eighteen male voices, singing the 248th hymn, the organ joining in as they came up the centre aisle. After tne choir came Master Edward Elwell, nephew of the bride, in Faunt leroy suit, and carrying a cane covered with roses. Next were the ushers, and then the bridesmaids, Misses Mary P. Leverett, Anna T. Leverett, sisters of the bridegroom, Helen W. Harman, cousin of the bride, Martha F. Clark, and the Maid of Honor, Miss Elizabeth W. Marplc of Bridgeport, cousin of the bride. Last of all came the bride on the arm of her father. Tie bridegroom entered from the vestry with his best man, Mr. J. H. S. Lynde of Scranton, and met the bnde at the foot of the chancel steps where the ceremony was performed up to the giving away of the bride, after which the Rector went up to the inner sanctuary and the bride and bridegroom advanced to the chancel rail where the marriage ceremony was concluded. Immediately after the benediction and while the newly married couple were still kneeling the choir sanii the 247th hymn, at the close of which Mr. and Mrs. Leverett leading the way, the procession re turned from the church in reverse order, while the inspiring strains of Mendelssohn's Wedding March rolled forth from the organ and filled the church from aisle to dome. The elaborate floral decorations, the rich costumes of handsome dames and maidens fair, the presence of the vest ed choir, and the superior conven iences afforded by the Parish House for such an occasion, all conspired to make this the most beautiful and attractive wedding that has ever taken place in St. Paul's. As the carriages drove away trom the chuich, the sweet toned chimes of St. Paul's, under the skilfull manipu lation of Sexton Thornton added their merry peals to the general rejoicing, and wedding bells wre seldom rung for a more worthy and popular young couple. At 6:30 o'clock a reception was held at the home of the bride which was attended by two hundred or more guests. And here one had an op portunity to see how the bride was dressed. She wore a beautiful costume of ivory white Bengaline trimmed with Duchess lace, with trail and veil and carried white roses. The maid of honor wore a dress of pink silk draped with point desprit and pink ribbons, and carried pink- roses. The bridesmaid's dresses were of white dotted Swiss trimmed with Valenciennes lace and moire ribbons. They also carried bouquets of pink roses. Refreshments were served undr the direction of Mrs. Thillips caterer, and the inner man was abundantly supplied. Bauer's orchestra of Scran ton discoursed sweet music through out the evening. At 8 o'clock Mr, and Mrs. Leverett started on their wedding journey on the D. L. & W. road accompanied by the customary shower of rice, old shoes and good wishes. 'On with the dance, let joy be unconfined was now the watch word, and the festivities were kept up until a late hour. The bridal gifts were very numer ous and beautiful, embracing silver ware, china, cut glass, lurniuire.lamps, pictures, rugs, linen, kitchen utensiU, money, &c. No cards appeared upon the gilts. Among those present from out of town were Mrs. A. A. Marple, Bridge port, Mr. and Mrs. R. C. Drinker, Bethlehem, Mrs. John Gilbert of Phil adelphia, Mr. and Mrs. R. C. Neal Harrisburg, W. M. Marple, Mr. and Mrs. A. D. Holland, Miss Davis, Mr. McGowan, Mr. Lynde, of Scranton, Miss Johns, of Ilazlcton, Miss Shirk, of Lancaster, Mrs. Matilda Warner, Pennsville, Elmer Lawall, of VVil- kesbarre, W. Clark Sloan, Philadel phia, Woodm Hanly, Berwick, Dr. and Mrs. Meredith, Danville, Miss Eleanor Frick, Danville, Miss Edith Barton, Berwick, Miss Alice Barton, Espy, Mrs. Laura Aikman, Henry C. Barton, Lime Ridge, Mrs. Patton Carlisle. EAST BENT05. SAD ACCIDENT. A deep gloom was cast over our community last Monday night by the accidental shooting of John Dresher of this place, son-in-law of S. P. Krickbaum. About 4 o'clock p. m. John went to the woods near by his home to shoot game which seemed rather plentiful, and the frequent rifle report! seemed to locate his whereabouts. Not returning in the evening the family became alarmed and insituted search, nearly the whole neighborhood scouring the woods with lanterns. About 9 oclock p. m. he was found dead and . lying on his back. The whole contents of the gun entered his breast in the region of the heart, and death must have been in stantaneous. A red squirrel was lying by the gun and the theory is that in the act of picking up the squirre'.,th.e gun was accidentally discharged with the above result. John lived on the larm with his father-in-law.. . I am informed that he made it a practice of keeping his gun cocked when hunting. Last Friday night week ago A. C. Crawford's residence was entered while all asleep, by a tough who secured $46,10. The opening of a bureau drawer awakened Mrs. Crawford who gave the alarm of a burglar in the house and also entered the room where the thief was operating. He escaped through the window he entered, but dropped the money sack inside, and when she returned to see what kept her husband, the thief re entered and grabbed where the sack fell and secured $45. of its contents, the 1. 10 was in a separate box. Lucky for Jack that the money bag was open. The buckwheat is nearly all thresh ed. Corn husking is now in order. Club meeting of the democracy in the McHenry Hall next Saturday night. Able speakers will be present. Cleveland's inaugural March 4th, 1893. Turn the rascals out. Subscribe for the Columbian. PERSONAL. Miss Mary Wren of Mahanoy City is the guest of Mrs. W. F. Bodine. Louis Lowenberg went to New York on Monday to attend the Nat ional Convention of Democratic Clubs, as a delegate from the Bloomsburj; Club, COUNCIL MEETING. A special meeting of the Town Council was held on Friday evening to consider the extension of culvert over Snyder's Run on West street between Fifth and Sixth. Members present: Drinker, Gorrey, Holmes, Peacock, Kramer, Rhodes . Rev. D. J. Waller laid a proposi tion to extend the culvert 183 feet at same rate as he built the portion along Fifth street and wait for a year or two years for the pay, and take pay in taxes. Peacock moved that proposition be accepted; seconded by Gorrey. Holmes, Peacock, Gorry, Drinker, aye j Kram er, Rhodes nay. Mr. Drinker brought up the matter of celebrating Columbus Day, and up on motion he appointed to confer with a committee from the schools, the fol lowing members, Holmes, Peactock and Gorrey. to make arrangements to properly celebrate the day. The President reported that he had examined the culvert over Snyder's Run on Fifth street and found it in good condition and well built ; but that it, as the culvert at other places is, entirely too small. Gone to Beading. Ranee Dehart and his wife "Satur day" left lor Reading on the P. & R. road last Monday. The latter was under arrest for disorderly conduct, and was to have been tried last week, but when wanted she did not appear. The last of the week however, she re turned, but was not tried. For some time past Dehart has occupied a lot of ground near the canal next to the Electric Light works, and though he had not paid for it,he had possession, and was in shape to cause considerable delay in ousting him by law. In con sideration that his wife would not be prosecuted, he agreed to relinquish the land, and further agreed that he and his wife would leave town and re main away. They were given fifty cents in cash and railroad tickets to Reading, and started off as above stated. If they do not return the town is well rid of a pair of nuisances. If they come back, it is understood that the woman will be prosecuted to the full extent of the law. FATAL 4.00IUENT- DEM00RATI0 MEETING. A democratic club was organize d at City Hall last Friday evening. Ihe meeting was called to order by county chairman J. H. Mercer. J. K. Bitten- bender and A. Herbine were appoint ed temporary secretaries to receive the names of those who would join the club. Seventy four persons came forward and enrolled their names. The club was then permantly organized by election of J. G. Freeze, Esq., as Presi dent of the club, with the following list of vice presidents : J. R. Town send, W. H. Snyder, R. Buckingham, J. K, Bittenbender, W. B. Taylor and 1 hos. Case'. 1 he president elect not being present, by motion Mr. Town send was made the president pro tern. On motion J. K. Bittenbender and F. Heck were made the perman ent secretaries. The club was named "The Cleveland and Stevenson Demo cratic Club of Bloomsburg." The following Committees were named : On Rules : Fred Ikeler, Thomas Hanley and Wm. Chrisman. On Speakers s-J. H. Mercer, J. R. Townsend. and Dr. B. I. Gardner. On Finance : C. B. Robbins, Freeze Quick, E. B. Clark, W. B. Taylor and R. Buckingham. Paul E, Wirt was elected treasurer of the club. Rev. Mac Namara, who came in as a spectator was introduced and gave very entertaining address. J. H. Mercer and J. R. Townsend gave a few words ot cheer as to the outlook of the campaign and advised all to become acquainted with the new ballot to be voted this fall. 1 he ciuo win meet regularly every Monday evening at halt past seven o'clock. After three rousing cheers for Cleve land and Stevenson the club adjourn ed to next Monday evening October 10th. An accident occured at Catawissa about half past eleven Wednesday morning, resulting in the death of engineer, John Getzinger. By some neglect the switch of the Philadelphia and Reading railroad near the depot was left open, as the passenger train came rushing in, it was turned on the switch leading up a high trestling pro vided for coal dumps. The engine and baggage car had almost reached the top, when either by the weakness of the trestling or the sudden curve, the engine careened, and the engineer was crushed to death. The front truck of the baggage car was displaced but the car did not overturn. Publio Office a Public Trust. Ezra Haskins has been postmaster, justice of the peace, road commission er and trustee in his district tor a number of years. He is past sixty and despite the responsibility which, rests upon him, he's hale and hearty. With his children and grandchildren. he is making a tour of trie U. S. Will be here Thursday and Friday,, of next week. Will receive callers at the opera hou:c. His home is in. Summer Hill, N. Y. Bloomsburg Opera House, Thurs day and Friday, October 14 and 15.. Admicsion 50 and 25 cents, no extrai charge for reserved seats. THROUGH TRAINS. Special through trains will be run from Watsontown to Bloomsburg and return, over the W. & W. and the B & S. railroads on October 13, 14 and 15 to give people in that, section a chance to attend the fair hefe. Traini leave Watsontown each day at 7.55 a. m. reaching Bloomsburg at 10. Mrs. H. E. Monroe, who will give her illustrated lecture in the Opera House next Tuesday and Wednesday evenings for the benefit of the Lutheran Chur&h, will speak in the church Sunday evening on "The Fatherland". She has visited Germ any, the home of Martin Luther an 1 the scenes of the Reformation .. number of times and is acquainted with all she speaks about.
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