THE COLUMBIAN, BLOOMSBURG. PA. olumbian. (Tnc tfclum'o'.n iicmocr.it, KTVBi.in?r it. rivunATnr '. J'l l-.LIMIf:i S' KHY VKIIWY VlTMMi at rtlooiiisViv. tbe l omi'y -.it of coluu.tl county. lVnnjyivanl. SO. K. KLWKt.L Kl'ITOR. UEO. C. KUAN. FOHiaaM. Tim: lnMo trie county, li.OP a year to ai Tancc: fl.M tt not pa!J In advance inn ill." tne ccunty. a year, strictly In advance. All communications sbould be addressed to TUK COLVMBIA. Bloomstunt. ra. FRIDAY, MAY 3. i.95- YANDERSLICE VS. SNIDES. A New Trial Refused by Judge Rice. Opin ion of the Court. t .: , we sra.i allejiinj; rejection of this rule first consider the teasons errors in the aJmission and of testimony. firs r. As we understood the question raised by the otter, it was whether a composite photograph of several genuine signatures might be put in evidence for Purposes of comparison m-itn the disputed sijr.ature. 1 1 his valuable work, A Minua! of the Study of Documents. Dr. Persfor Frazer says: "Composite pr.otogupriy is a method of obtaining the essence of a ruraber of objects, and (in so far as those objects are typical of similar phenomena) of recording the re'ations of things to tach other, and the crTecti produced by a certain force or certain forces on matter, p. 12?. l:i an earlier part of the same wotii ip. 1 1 the learned author sas: "If it be conceded that the result of an erTo.-t made by a living being to repeat an action it has become habituated to make it is within certain limits uni form, then tne wav is c.ear to study these results and to obtain from their average the ideal which each of these actious or series ot actions has tenJeC probably without coiup.ete success, to produce. If we could divide sucn a ideal into three component parts. A R and C. and it we found tnat out of thin? enorts A has remained con stant in twenty five, B in twenty f.vj and C in twenty rive ; while A. B an C have only appeared together i fifteen cases out of thirty, we at iustitied in conctu-'.inj that tnese fifteen cases though they represent but half the whoie number of results constitute in reality the ideal which the agent has always intended to pro duce." The purpose then of making a composite photograph of a number of geauiae signatures is to show the salient elements of the various s:gr.a tures, and the result is claimed to be the ideal signature, or near it. which the wr.ter tried to make and had in .1 bv the defendant, IlJt the sta'uts toviitcs in.u sucn person not uemg herwise disqualified may become fully competent for cither p.uw ly a ease or extinguishment in g-' ! utli ot Ms interest upon wm.-n g.v...-. .nth the trial ia.lce shall decide .1; r reliminary question. Act of May rd 1SS7. W L. 5 IS It is suggest- d that she is not bound by the re lease, but we cannot agree wtii the counsel in this position. We discover no evidence to warrant it, nor is it tr.e case of a person Jelling his title and is testimony with it. The right ot the estate of Mary G. Yandershce in nd under th; paper in question does not depend in any degree upon the assignment or release, but is entirely complete without it. The case comes within the rule which existed prior to the statute that where an action is brought by an executor or administra tor on behalf of an estate, a ltgaUe or distributee who has been absolute ly paid his legicy or has released or assigned all interest in ?he verdict, is competent. Miller on Competency f YS itnesscs. 58 : Heft ns. Ug-e, 1 a 7 I'a. 24.1, and cases cued. Alter this ule was argud the defendant's counsel, upon notice to the p.amtids counsel, submitted to me a copy of the testimony, or a portion thtm f, of Agnes Yandershce civen before the auditor which it is claimed is in consistent in some particulars witn that civen by her on the trial. Clearly we cannot cor.sv.er ttv.s upon me ground that it is after discovered. hether it be ottered to prove a tact or to impeach the witness by proot of contradictory statements, it was available at the trial and if offered then it might possibly have been ex plained. To say nothing ot the rights of the parties, it was due to the witness that she should have an opportunity to explain. I Gr. Ev., Sec 462. TKtKr and sf.vexth. The purpose of the orTer of the will of Mary Sn)der was to show her dis position towards Daniel Snyder and his creditors. We think the court went to the extreme limit in admitting testimony as to the acts and declara tions of Mary Snyder for this purpose, but the testimony admitted related to acts and declarations so near the time when the paper in question bears date as to tend to show the improbabil ity of her having executed it, but the will was signed two years afterwards and was too remote from the transac tion to throw any light upon the ques tion. Still more clear is it that the account of the executor of Mary Snyder was not competent evidence for the purpose for which it was offer ed. The value ot her estate in 1S77 nvght possibly have been a pertinent fact, but its value in 1890 clearly was not and the account filed in 1S90 would not even tend to show its value new trial, but this objection is over ruled. While the testimony of jurors is not admissible to impeach their verdict upon the ground of their own misconduct it is admissible toilisprovc at' allegation of misconduct. Because ui the accusation against him and the proceedings to punish him for ten tempt the juror is an interested wit ness, and if the denial of the allega tions rested on his testimony alone we might well say that the evidence in support of the rule preponderated. But, as ve have suggested, he is cor roborated by other witnesses and with out rejecting them as unworthy of belief we are unable to say that the evidence in support of the rule so clearly preponderates as to justify the court in setting aside the verdict and subjecting the parties to the expense and de'ay incident to a retrial of the case. The remarks of Judge Dana in the case of Lacoe vs. Sherwood, 0 Luz. Leg. Reg., 147, nvght well have been written for the present case with the qualification that the conversations alleged here were not with a party to the case. " It is Rross misbehavior tor any person to speak to a juryman or for a juryman to permit any person to converse with him respecting the case he is Irving, at any time after he is summoned and before the verdict is delivered. It is a practice which corrupts one of the sources of justice and is to be resolutely repressed and when detected punished by the courts. It must be known that a party may lose but cannot gain by conversing with a juror after he is sworn unless it be open and by permission of the court : that if the verdict be against him it will stand ; if for him it will be set aside. But, in view of the serious nature of the accusation it must not be forgotten that the jurors nave rights as well as parties litigant and are neither to be presumed or held guilty of misbehavior and their verdict set aside without satisfactory proof of the charge. To yield to accusations against them lightly made or without strong proof would weaken if not bting into cor.tempt that useful and indispens.ble institution in the admin istration of justice : Rogers J., in eanin nr lug 01 in 1 fcls mind, but at no one tim; ceeded to make perfectly, more fully explained in the of Dr. Frazer. from which ever suc This is testimony we oaote : Then m The Court : to tne gen bv this method obtain a standard ? iceness of the sizni' exara.nirg as re you what you con A. An ideal. rider The Court: An ideal with which you compare the disputed signature ? A. Not I. but Q. If you were to determine the ouestion yourself? A. If I were permitted to determine the question it would aid me greatly in determining what were the character istic points and what were the acci dental variations ; in what part of the signatures given to roe for examina tion there were accidental variations and in what pans there were cora parltive agreements with a signature in dispute. The only object of such a standard, as your Honor properly calls it. is to enable somebody, wh: ever has the poer of judging, to compare that ideal with the signature in dispute." We have not stated at all fully the principles of composite photography, much less the details of their application in cases of disputed handwriting, yet we trunk we have fairly stated the purpose of the com. posite as evidence. The question thus presented does not, in our opin ion, require a discuss.on of the arga ments for and against the reliability and value in a jury trial of such evi dence as it might if the law upon the subject of the comparison of hand writing were not so well settled in Pennsylvania, that (i) the comparison is to be made by the jury between the disputed paper and other well authen ticated writings of the same party ; (1) the test documents to be compared should be established by the rr.o;t satisfactory evidence btfore beir. admitted to the jury. Travis s Brown, 43 Pa., 9. Even a letter press copy has been held not admissible fx the purpose. Cohen vs. Teller. 93 Pa , 1 j. After a careful reconsider tion of the question our opinion that the admission of the testimony would be a departure from well settled rules remains unchanged. SkCOXD. Prior to the execution of the re lease Agnes Yanderslice would have beco incompetent to testify against the defendant as to tny matter oc curring prior to the death of Mary Snyder, for the reason that as a dis tributee of the estate of Mary G. Yanderslice, her mother, she had an interest adverse to the tight represent ee hth. We do rot think that there can be any oouat tnat Mr. run was an in competent witness as to tne facts referred to in the defendant's orTer on page Sa of the notes of testimony to which we assume this reason relates. The o:Ter includes evider.ee of cenversa tions hai prior to the death of Mary G. Yaniers'.ice not in the presence cf any person adverse in interest to Mary- Snyder or of any one who was ca'led to testify in behalf of the estate of Mary G. Yanderslice, and as a legatee under the will of Mary Snyder the witness was interested adversely to the right represented by the plaintiff. The fact that these conversations were had in presence of witnesses who were ca'led in behalf of the defendant would not make the witness competent under the act of 1891. Toth's estate, 150 Pa., i5r. Cake vs. Cake, 161 Pa, 5S4. Krumrine vs. Grenoble, 165 Pa. 9$, Thomas vs. Miller, 165 Pa., iqj. The remaining reasons alle conduct an tee rart ot one jurors, (1) in forming and expressing an unalterable opinion on the men s before the close of the case; (2) in Com. vs. Flanna;an. 7 . & S.. 421. There is some evidence of conversation between one of the jurymen and the defendants, or one of them, but this is specifically and positively denied bv the juror and the parties charged. We cannot say that the fact is so far estab.tshed as to warrant the court in setting aside the verdict. We do not think mucn importance should be attached to the remark alleged to have been made by the juror in the dining room, ine re marks which he admits he maoe to Mr. Fowler even if made in reply to an inquiry were improper and in dis regard ot the admonition ot tne court. But it is to be observed that they w ere not made to a party or any one inter ested in the case and taken as a whole do not clearly show a preju Igment ' a strong disposition to favor the one side or the other, a determina tion to find in one way let the evi dence be what it will.' McCausland vs. McCausland, 1 Y., 371. Upon a careful revie of the whole case we find no sufficient reason for setting aside the verdict of the jury, theretore the rule is discharged. Charles E. Rice, Pres't Judge it Jud. Diet. Specially presiding. e nv.s of the permitting other persons, not jurors. concerning the ich Ian; to converse with him to prejudice him against the cause of the defendant, and then accepting an invitation to dnrk at their expense. It is not al'eged that the panics to the case were in any way concerned in the matter, but we do not think it can be questioned that if the state ments of fact contained in the affi davits upon which the rule was grant ed be true there was such misconduct on the part of the juror as would re quire the granting of a new trial. The d.rficulty is not in the sufficiency of the facts alleged, but in the proof. The material al'egations are emphat c ally denied by the juror, and as to the conversation on Friday evening he is corroborated by two men with whom he is alleged to have been talking, and as to the conversation on Saturday morning by a man who is alleged to have been in the bar room. None of tne witnesses on either side appear to have any pecuniary interest tn the case or to be connected in any way with any of the parties. It is true that the witnessesValled to corroborate the juror were subpoenaed on the trial for the plaintirl, but, on the other ban J, one of the witnesses who swears to the charges was subpoenae I and testified on the trial for the defendant. No such interest is shown as would ofitseJ entitle the testimony of one to less weight than that of the other. It is alleged tnat the juror is an in competent witness on the rule fox & CHARTER NOTICE. Sotlcels herety given that an arrltca! -n will t? mide to to oovera-T cf henosylnu. on the v.h d of Mit a t. by mua A. Warrr. Suuur-1 II. Kier-hT. EJwia C. Prl.e, E. P. Hunter. E3ard MUimin. acd other. un Jer th Act of A-a.My entltlrd -An Act to ppiride for tie Incorporation and rvjution of cer Aia corpor.itl-.-u, approved April z:h. Kt, and the caprlemet.ts thereto, for the ohArter of an lntendrJ corporation to called the "schuvniu TleDtonecrmpiny. tfce character and cb;evt of wii-.a is the c nnicilus. miln tainlni aid letn lines of telejrapa for prv TAt u- of Individuals, firms, rorporarlons municipal or othrnrli for general busine, aoa for the tran.sA.-t loo of any business In which electricity over or throti wirvs may be aprUed 10 any usrful purpoe- n in coul- tles of Schuylkill. ColuaiLu and N-iK&tUbbvr. land, aad fjr thrs purp-Be to tive, p.sej and er.)oy all the rtct. benefl's and p1vii.-f-j of sAid Act of Assembly and suppl-ment there la C. M. CLEMENT, 5-3-t. soUcltor. nil weiSis. Stone and all kinds In such a trhd that men say Lot the houoc take care dangr-rona tr tumw.-u w commuc. , Htf lint f)o ronariontlona -tt if f. U lmund to and WOinfUl ntvcH in ini! rMTiiiK m " '--I"' xe ...v- - . . - ..... . . m rik health and strrnpth In this annual struggle withrill. It kwps the l.Lx.d vitalized and enriched, and dust and dirt. She is altogether too liable Uns ui"Uins tho nerves and holds all the however, to M her bodily bou.e, most im- IV T w r bodily function in trength and regular portant of all, take care of iUclf The I I J YV act,n' P V consequence of hrr feverish anxiety over ' UH Intenu exnaunuon, mu your muam, extxa work is depletion of the blood, the souroo of all fatigue at the close- of the day will five way to frcali ao life and strength, manifested in that weak, tired, ner- tivity in the morning. Therefore we say, bwidc clcan voos condition too prevalent at Uds season and very Lng your bouse, be sure to take Hood's 8anparillato Cleanse Your Blood With Hood's We'll Conquer Myow that doom cleaning la upon as, I know that with Hood s FriarruU to help, we'll p toxoufh that trial all rlhL" UBS. IISLES UtscnD, Tolly, New York. " I tax Hood's SaraapaxilU everj spring, and it U tb only madlcln I um through the year. It en able me to do my house cleaning and farm work all t&roagh the lommer. It helped me very much tor pair'.tatlon of the heart. I think Hood'i 8ar aperllla It the medicine for everyone, and all who take it will never be without It. I have also need Hood's Pills and they are the beet I ever tried." Mas. F. II. AJDREtrs, South VToodatock, Conn. Makes the Weak Strong " Last ipring I bad to give op work, being onable to walk to my place of employment, a distance cf only half a mile. I suffered almost incessantly from lick headache. I had racking pains ell over my body. The least exertion would tire me out. Going op one flight of stairs woold make my heart beat at a terrible rate, I waa Induced to take Hood'e Sarsaparilla, and now, after taking leas than two bottle, the pains and aches hate all loft me. I have only had a Blight headache once sine. Hood's Sarsaparilla gave me a good appetite, and I can now do a hard day's work." Miss Etflia Jkxkixs, Qjeensbury, New York. Hood's Sarsaparilla "My nerves were In each a condition the closrag et a door waa sufficient to throw me Into a spell ot trembling which would last for hours. This was after a ecTere attack of the grip, which ahat tered my health. I could net sleep, my food die tmsed ma, and I had darting pains through my ahootder and back. At the eoggeetion of a friend I tried Hood's Saraapartlla. After taking one bottle, my food no longer dJatreaeed tt, aad my nerves were quieted. Hare taken three bottle and I am eared. The asthma trouble, from which I kavs not been free for yean, baa entirely disappeared. Hood's Sarsaparilla has dona wonders tor me, and I am glad to recommed it highly." Mas. Lccutda BrsTXXX, North Dartmouth, Massachusetts. ) t "M7 healt M been poor for a good many year before I begio take Hood's Sarsaparilla. Finally I decided to " ,e Hood's and can honestly say that It has done, more good than any and all other treetmenUtC'was troubled with dyspepsia, food distreaser' and I had but little appetite, was weak ani )us. In fact my trouble bordered on nervous pru. tion, from which I had previously suffered. I k Hood's Sarsapaxula last summer and it did mi er to much good- It does not seem ,u though If -he same person. My appetite Is greatly improved, I am luaa nervoua, have more strength and a can eat heartily without distress. Such a condition waa unknown to roe belore taking Hood's Sarsaparilla. " Mjbs. Q. C. ClaT, Bene, Vt. Be Sure to Get Hood's JQHE Merchant SUITS FROM S18.00. I5 " HATTER. aBBSaBBBBBBBBBBBaBBBBBBatSBBaBMa CORNER W & MARKET Sts. BLOOMSBURG, PA. TROUSERS FROM S5.00. The Center of Attraction. Calling It isn't everybody that can make a success out of the dry goods business. Some natural fitness is necessary. Compe tition is so keen that some advantages must be possessed. Without these essentials you might as well expect to kindle a fire with brickbats as to make rnd hold a trade. of paving done at reasonable prices. Estimates iurnUhed at short notice. Box 374, BloomjEcrg, Pa. k1 VltlIM llllSg ilSIIISeJ FRANK M., W1U mite the season of 1 at Mlowlif plioes.- 2!--t5Qiotir, Apnl tal at &-jq: 1w wick. Monday U'-iai oaili WcUielA tuore!a( ilia m. w-d:,rlaT trru,vo at liiEUu.--too Mills OBtll Thursday mm'.nf at a m . aul HTt er-k at llk abuK taUttd place durtu; tne se4nit owibtf (e banl times we hare redu.ed Fratk M. se-nicw fee to aanl Ume price lcnt-3v dollars to Insure. Al persoa prMo; with mare after aenrte bT rraak U will 1 strict U tela tor serrv-e lew e&kas aaowa not u be sntk loaL Thompson & Haight, J-n Luserrto, P. CREPONS. We don't see where ' fleecy billows," 'waves of the ocean,'' etc., etc., have anvthin? to do with black crenons ! a plain story about this lot. Half a dozen different weaves, all at the height of fashion, and an extra meas ure of width. Bay now at 75c, St.co, $1.25 and $1.75. MUSLIN UNDERWEAR. It is one thing to say muslin under wear and another to sell it. We have an elegant line of it all well made and the correct styles and the prices are simply wonderful. We are not selling below cost. We never do tnat, out for the quality of the muslin, ar-d the way it is made, it is exceptionally cheap. We finish this story by saying tt goes at 15c, 2 Sc., 53c acd 75c yoke front and Watteau plait backs extra wide skirt and they go at $1.00, $1.25. $1.50, $1.00. WRAPPERS. We are now showing the nicest line of ready to wear wrappers in town. They are made well, wear well, and the correct style. II we were not so exacting with the makers of them about furnishing the proper sleev length, and proper everything else, the ladies would soon go elsewhere. Some made yoke front and back, other, AM IE HARDWARE DEALER kCAZINC brtra rtUl of practical Ideas lruiuavcdarv o.ra. id create ot imai ormiu. l: tefea oclj I .00 a rear, bample cop? trrv. D.T(4iUin, run.nt Meade ev, ftie Yarn. DIMITIES. But not one so pieces cf Prettv name isn't it ? whit priettier than the smooth summer sturTs that are proper ly called by it Green striped with white grounds is one of them. Can you picture it and the tuiv twill that :l the dimities own ? Dashes, dots and dainties until there isn't room enough here to tell you properly of them. 1 2 la yard finishes the story here. SHOES. Only the proper shade of tan leath er went into the lots that's being made ready for selling, ar.d the best stitcn- ing and finishing that one of the larsest makers cduU put into them. Ail sizes and the tery proper last. In the face of a going up leather market, they are wonderfully cheap , being genuine Russia calf at $2.25 pair. C0XTIXrD. We have extended the time fiom May 1st to August 15th for the use of tickets to procure one or more pieces of furniture fiee. PURSEL & HAKiyiAK JSloomsburg, 2i your attentiou to our line of JEWELRY, WATCHES, SILVERWARE, GLASSES. ETC We Blow Our Own Horn only to attract your attention. 1he.n we want to invite you to visit us it is immaterial whether or not you want to purchase anything. W e are show ing a fine line of silver and glass ware. Blowing Your Own Horn is all rioht when there is no one else to blow it for )ou. Whoever sells first-class goods at low prices can de pend upon his customers to Diow n horn for him. This is my policy the sale of jewelry, watches, silver' glasses, &c J. G. WELLS, BLOOMSBURG, pKNNA THE COLUMBIA KITCHEN SPOON for dl id lo t ren. PuiWln,.-. ",rf'a,ue ed l otat oe. aud auythlu tut " bowl. Noeuraktilteorspooa needed t ii tt. Kvery hou'kepr will be Oellk', H. Amenta wanted. Haaipla bf uuU. liauw Patented RoielUes, VuiK"
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