THE COLUMBIAN, BLOOMSBURG, PA. established inh. ftttf ioUi:nM:t democrat, JCSTABulSllKn 18:17. CONKOl.IPATKn tTULISUKD S'EHY KM PAY VOHNINO at Mooinshurg, the county scat of Columbia county, Pennsylvania. GKO. K. KLWKLL KniTOR. OEO. U. HO AN, KOHKMAN. Tf as: Inside the county, $1.00 a yenrln ad vance; il.50 If not paid In advanco outside the cr.uuty, $1.8 a year, strictly In advance. All communications should be addressed to TUB COLUMBIAN, Bloomsburg. Pa. FRIDAY, MAY 3, 1895. VANDERSLICE VS. SNYDEE. A New Trial Refused by Judge Rice. -Opinion of the Court. In disposing of this rule we shall first consider the teasons alleging errors in the admission and rejection of testimony. FIRST. As we understood the question raised by the ofler, it was whether a composite photograph of several genuine signatures might be put in evidence for purposes of comparison with the disputed signature. In his valuable work, A Manual of the Study of Documents, Dr. Persifor Frazer says : " Composite photography is a method of obtaining the essence of a number of objects, and (in so far as those objects are typical of similar phenomena) of recording the relations of things to each other, and the effects produced by a certain lorce or certain forces on matter." p. 125. in an earlier part of the same work (p. 1 1 1) the learned author says : " If it be conceded that the result of an effort made by a living being to repeat an action it has become habituated to make it is within certain limits uni form, then the way is clear to study these results and to obtain from their average the ideal which each of these actions or series of actions has tende J, probably without complete success, to produce. It we could divide such an ideal into three component parts, A B. and C, and if we found that out of thirty efforts A has remained con stant in twenty five, B in twenty five and C in twenty five : while A, B and C have only appeared together in fifteen cases out ot thirty, we ate justified in concluding that these fifteen cases though they represent but half the whole 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 genuine signatures is to show the salient elements of the various signa tures, and the result is claimed to be the ideal signature, or near it, which the writer tried to make and had in his mind, but at no one time ever suc ceeded to make perfectly. Ihis is more fully explained in the testimony of Dr. Frazer, trom which we quote " 1 he court: then in examining as to tne genuineness of the signature you by this method obtain what you con sider a standard ? A. An ideal. The Court: An ideal with which you compare the disputed signature ? A. Not I, but Q. If you were to determine the question 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 j in what part of the signatures given to me for examina tion there were accidental variations and in what pans there were com paritive agreements with a signatun in dispute. The only object of such a standard, as your Honor properly calls it, is to enable somebody, who ever has the power 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 think we have fairly stated the purpose of the com posite as evidence. Ihe question thus presented does not, in our opin ion, require a discussion of the argu ments for and against the reliability ana vaiue in a jury trial ot such evi dence as it might if the law upon the subject ot the comparison of hand writing were not so well settled in Pennsylvania, that (1) the comnaribon is to be made by the jury between the disputed paper and other well authen ticated writings of the same party ' (2) the test documents to be compared should be established by the moil satisfactory evidence before being admitted to the jury. Travis vs .Brown, 43 ra., 9. kven a letter press copy has been held not admissible f 01 . 1 i ... 1. me purpose, -onen vs. teller, 93 ra, 123. Alter a careful reconsidera tion of the question our opinion that the admission of the testimony would be a departure from well settled rules remains unchanged. SECOND. rnor 10 me execution ot the re lease Agnes Vanderslice would have been incompetent to testify against the detendant as to any matter oc curnng prior to the death of Mary Snyder, for the reason that as a dis tributee of the estate of Mary G Vanderslice, her mother, she had an interest adverse to the right represent- d by the defendant. But the statute provides that such person not being otherwise disqualified may become fully competent for cither parly by a elease or extinguishment in zona faith of his interest upon which good faith the trial judge shall decide aj rt preliminary question. Act of May 23rd 1887, l Ii. 518. It is suggest ed that she is not bound by the re lease, but we cannot agree with the counsel in this position. We discover no evidence to warrant it, nor is it the case of a person selling his title and his testimony with it. The right ol the estate of Mary G. Vanderslice in and under ths 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 legatee or distributee who has been absolute ly paid his legicy or has released or assigned all interest in the verdict, is competent. Miller on Competency of Witnesses, 58 j Heft vs. Ogle, 127 Pa., 244, and cases cited. Alter this rule was argu?d the defendant's counsel, upon notice to the plaintiff's counsel, submitted to me a copy of the testimony, or a portion thereof, of Agnes Vanderslice given before the auditor which it is claimed is in consistent in some particulars with that given by her on the trial. Clearly we cannot consider this upon the ground that it is after discovered. Y hether it be offered to prove a fact or to impeach the witness by proof of contradictory statement?, it was available at the trial and if offered then it might possibly have been ex plained. 7o say nothing of the rights of the parties, it was due to the witness that she should have an opportunity to explain. I Gr. Ev., Sec. 462. THIRD and SEVENTH. The purpose of the offer of the will of Mary Snyder 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 of her estate in 1877 might possibly have been a pertinent fact, but its value in 1890 clearly was not and the account filed in 1890 would not even tend to show its value in 1877. EIGHTH. We do not think that there can be any doubt that Mr. funk was an in competent witness as to the facts referred to in the defendant's offer on page 84 of the notes of testimony to which we assume this reason relates. The offer includes evidence of conversa tions had prior to the death of Mary G. Vanderslice not in the presence of any person adverse in interest to Mary bnyder or of any one who was called to testify in behalf of the estate of Mary G. Vanderslice, 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 called in behalf of the defendant would not make the witness competent under the act of 1891. loth s estate, 150 Pa., 261, Cake vs. Cake, 162 Pa, 584. Krumrine vs. Grenoble, 165 Pa. 98, Thomas vs. Miller, 165 Pa., 193. Ihe remaining reasons alleee mis conduct an the part of one of the jurors, (1) in forming and expressing an unalterable opinion on the meri s before the close of the case ; (2) in permitting other persons, not jurors, to converse with him concerning the merits of the case in such language as to prejudice him against the cause of the defendant, and then accepting an invitation to drirk at their expense. It is not alleged that the parties 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 iuror as would re quire the granting of a new trial. The difficulty is not in the sufficiency of the facts alleged, but in the proof. The material allegations are emphatic 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 Saturdav morning by a man who is alleged to have been in the bar room. None of the witnesses on either side appear to have any pecuniary interest in the case or to be connected in any way with any of the parties. It is true that the witnessescalled to corroborate the juror were subpoenaed on the trial for the plaintiff, but, on the other hand, one of the witnesses who swears to the charges was subpoenaed and testified on the trial for the defendant. No such interest is shown as would of itself entitle the testimony of one to less weight than that of the other. It is alleged that the juror is an in competent witness on the rule for a 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 to disprove an allegation of misconduct. Because of the accusation against him and the proceedings to punish him for con tempt the juror is an interested wit ncss, 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 tlw expense and delay incident to a retrial of the case. The remarks of Judge Dana in the case of Lacoe vs. Sherwood, 0 Luz. Leg. Reg., 147, might 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 gross misbehavior lor any person to speak to a juryman or for a juryman to permit any person to converse with him respecting the case he is trying, 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 win stand ; it tor nun it win be set aside. But, in view of the serious nature of the accusation it must not be forgotten that the jurors have rights as well as parties litigant and are neither to be presumed or held guilty of misbehavior and their verdict set aside without satisfastory proof of the charge. To yield to accusations against them lightly made or without strong proof would weaken if not bring into contempt that useful and indispensible institution in the admin istration of justice : Rogers J., in Com. vs. Flannagan. 7 W. & S., 421. There is some evidence of conversation between one of the jurymen and the defendants, or one of them, but this is specilically and positively denied by the juror and the parties charged. We cannot say that the fact is so far established as to warrant the court in setting aside the verdict." We 3o not think much importance should be attached to the remark alleged to have been made by the juror in the dining room. Ihe re marks which he admits he made to Mr. Fowler even if made in reply to an inquiry were improper and in dis regard of the admonition of the court. But it is to be observed that they were not made to a party or any one inter ested in the case and taken as a whole do not clearly show a prejudgment 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 ., 372. Upon a careful review of the whole case we find no sufficient reason for setting aside the verdict of the jury, therefore the rule is discharged. Charles E. Rice, Pres't Judge 1 1 Jud. Diet. Specially presiding. CHARTER NOTICE. Notice Is hereby given that an application will be made to the Oovernor of Pennsylvania, on the 4ih day ot May A. D. 1N by Wllllum A. Marrr. Hamuel 11. Kaerclier. Edwin C. Price. E. P. Hunter, Edward HUllman, and others, under the Act of Ass-mbly entitled "An Act to provide for the Incorporation and regulation of certain corporations," approved April siaih, 1HT4, and the supplements thereto, for the charter of an Intended corporation to be called the "Schuylkill Teleohone Company," the character and object of which Is the constructing, main taining and leasing llnea of telegraph for pri vate use of Individuals, firms, corporations. municipal or otherwise for general business, and for the transaction of any business In which electricity over or through wires may be applied to any useful purpose In the coun ties of Schuylkill, Columbia and Isorlhuniber- land. and for these purposes to have, possess and entoy all the rights, benefits and prfvlletres ot said Act of Assembly and supplements there to. V. m. WLK-nKN 1 , 5-8-8t. Solicitor. Spring eanmg dangprons If allowed to continue. What every man and woman ruvds in tho Spring is Hood's Swsapv rillu. It keeps the blood vitalized and enriched, and thus suckling ilio nerves and holds all the bodily functions in strength and regular action. Willi its help you will not feci that Intense exhaustion, and your natural extra work is depiction of U10 blood, tho sourco of all fatigue at the closo of the day will tfivo way to frcnh ac life and strength, manifested in that weak, tired, ner- tivity in the morning. Therefore wc say, besides cWjjin- vous condition too prevalent at this season and very iag your house, be sure to take lioou s earsaparuiato Cleanse Your Blood Is such a trial that men say " Lot tho houso tako care of itself." But tho conscientious wife foils bound to risk health and strength in this annual struggle wilh dust and dirt. Slio is altogether too liablo however, to lot her bodily house, most im portant of all, " tako care of itself." The consequence of her feverish anxiety over Now With Hood's We'll Conquer " Now that houss cleaning is upon ns, I know that with Hood's BarsaparULa to help, we'll pass through that trial all right." Mbs. Helen Uiscrko, Tully, New York. "I take Hood's SarsaparUla every spring, and It la the only medicine I use through tho year. It en ables me to do my house cleaning and farm work all through the lammer. It helped me very much for palplUtion ot the heart. I think Hood's Bar sapnrilla la the medicine tor everyone, and all who take It will never be without It. I have also used Hood's Pills and they are the beet I ever tried." Mas. F. H. Andrews, South Woodstock, Conn. Makes the Weak Strong " Last spring I had to give up Work, being unable to walk to my place ot employment, a distance ot only halt a mile. I suffered almost Incessantly from sick headache. I hod racking pains all over my body. The least exertion would tire me out. Going up one Sight of stairs would make my heart beat at a terrible rate. I was induced to take Hood's Barsoparlllo, and now, after taking leas than two bottlea, the pains and aches have all loft me. I have only had a slight headache once since. Hood's Sarsaparilla gave me a good appetite, and I can now do a hard day 'a work." Miss EuiIB Jenkins, Queensbury, Now York. Hood's Sarsaparilla " My nerves were In such a condition the cloei of a door was sufficient to throw me into a spell of trembling which would last for hour. This was afteT a severo attack ot the grip, which shat tered my health. X could not sloop, my food dis tressed me, and I had darting pains through my shoulders and beck. At the suggestion ot a friend I tried Hood's Sarsaparilla. After taking one bottle, my food no longer distressed n.e, d my nerve were quieted. Hare taken three bottlea and I am cared. The asthma trouble, from which I have not been free for years, has entirely disappeared. Hood's Sarsaparilla has done wonders for me, and I am glad to recommed it highly." Mas. Luclsda. RusteiX, North Dartmouth, Massachusetts. Sure "My healt as been poor for a good many years before I begi 0 take Hood's Barsaparllla, Finally I decided to e Hood 'a and can honestly aay that it has doni, 1 more good than any and all other treatments w was troubled with dyspepsia, food distressed j and I had but little appetite, was weak ani, jus. In fact my trouble bordered on nervous pr it Ion, from which I had previously suffered. I , k Hood's Sarsaparilla last summer and it did mi er so much good. It does not seem ta though I vhe same person. My appetite is greatly improved, I am lues nervous, have more strength and a can eat heartily without distress. Such a condition was unknown to me be lore taking Hood's Sarsaparilla. " Mas. 0. a Clay, Barre, Vt. Get Hood's JOHN HATTER. SUITS FROM S18.00. CORNER MAIN & MARKET Sts, BLOOMSBURG, PA. TROUSERS FROM S5.00. The Center of Attraction. Callin 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 r.nd hold a trade. Stone and all kinds of paving done at reasonable prices. Estimates furnished at short notice. Box 374, Bloomsburg, Pa. 4-12-4-t. h Celebrated Pacing .t&llits, FRANK M., Will make the season of IH95 at the following places: Hblckslilnny, April 2nd at nouu; her wlrk, Monday night usill Wednesday morning LtHa. m. Wednesday afternoon at lluntlug. ton Mills until Thursday morning at Ha. in., and ev 'v two weeks at tlie above iiumud pluuts UUTIUff I. lit! BtTttnWII. Owing to bard times we have reduced Frank M. service fee to bard time price twuutj'-ave dollars to Insure. All persons punlng with mures after service by Frank M. will be strictly held tor service fee unless known not 10 be wltb foal. (Thompson & Haleht. -8Mni Luzerne. Pa. CREPONS. We don't see where "fleecy billows," "waves of the ocean," etc., etc., have anything to do with black crepons a plain story about this lot. Half a dozen different weaves, all at the height of fashion, and an extra meas ure of width. Buy now at 75c, $1.00, Si. 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 that, but for the quality of the muslin, and the way it is made, it is exceptionally cheap. We finish this story by saying it goes at 15c, 28c, 50c. and 75c. 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, it we were not so exacting with the makers of them about furnishing the proper sleeve length, and proper everything else, the ladies would soon go elsewhere. Some made yoke front and back, other, THE HARDWARE DEALER AM from, 116 nagea. D, TMAfcHTT. Fub.( 78 Meade bl., New York. -.-tt. yoke front and Watteau plait backs extra wide skirt and they go at $1.00, $1.25, $ 1.50, $J.OO. DIMITIES. But not one co pieces of 2 Pretty name isn't it ? whit pnettier than the smooth summer stuffs that are proper ly called by it Green striped with white grounds is one of them. Can you picture it and the tiny twill that all the dimities own ? Dashes, dots and dainties until there isn't room enough here to tell you properly of them. i2ic. 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, and the best stitch ing and finishing that one of the largest makers could put into them. All sizes and the very proper last. In the face of a going up leather market, they are wonderfully cheap , being genuine Russia calf at $2.25 pair. CONTINUED. We have extended the time from May 1st to August 13th for the use of tickets to procure one or more pieces of furniture fiee. your attention to our line of JEWELRY, WATCHES, SILVERWARE, GLASSES, ETC We Blow Our Own Horn only to attract your attention. In" we want to invite you to visit us is immaterial whether or not you warn to purchase anything. W e are show ing a fine line of silver and glass ware. Blowing Your Own Horn is all right when there is no one else to blow it for you. Whoever PTOSEJL k MAM AM, fircKrlici! o-wl at low nriceS Clfl Send upon his customers to blow n orn for him. This is ray policy the sale of jewelry, watches, silverwar glasses, &c. J. G. WELLS, BLOOMSBURG, pKNN THE COLUMBIA KITCHEN SPOON for dipping Io Cream, Puddings. IMj?J)Ja?M ed Potatoes, and anything that sili M ' w bowl. No extra knife or spoon neeai-a w it. Kvery housekeeper will be ,ellf;ft ?inued. It. Agents wanted. Sample by lualli ouo.j jvicme riauiu, duo. . omouirT Patented Novelties, Bloomsburg, Ta A
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