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"