The Centre reporter. (Centre Hall, Pa.) 1871-1940, December 07, 1899, Image 1

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    VOL. LXXII.
COURT PROCEEDINGS.
A LARGE LIST OF CASES DISPOSED
OF BY THE COURT.
Cattle Thieves Get Their Just Deserts from
the Court —~Civil Cases Tried and the
Decisions Made
Com. vs. John Fye, jr., George Fye,
Oscar Veildorfer and Lemuel Hipple,
indicted for larceny; prosecutors Geo.
Salfko, John Pincho, George Katch-
ick, Wm. Hipple, and Frank Polen-
ski. This is the eattle stealing case
from Durnsile and Snow Shoe town-
ships. During the past summer a
great many head of young cattle were
missed by farmers and others in that
community from among the cattle
turned out to graze, and after diligent
later it was learned that a vumber of
young cattle had been sold to a butch-
er out at West Clymer, or Grass Flat, |
near Peale, by some young men. This |
rumor was investigated and it
found that cattle had been sold to a]
Mr. Linder, the butcher at West Cly- |
mer, and this prosecution was institut-|
ed against these four defendants, all of |
whom are young men. Mr. Veihdor- |
fer has not been arrested, and only
three of them were put on trial. The |
cattle for which the prosecution was |
brought belonged to the prosecutors
above named. Salfko lost one, Pincho |
two, Polenski one, Hipple ope, and |
Katchickone. These cattle were miss-
ed between June 25 and July 18. Mr.
Linder the butcher, was in court and |
produced his receipts given for the |
money paid for the cattle, which were |
signed James McCloskey and were dat- |
ed June 26, July 3, 11 and 18, and he |
also identified two of the defendants
from whom he bought the cattle, |
namely, John and George Fye. Par-|
ties were several times seen driviog |
young cattle through Peale at six|
o'clock in the morning, and would re- |
turn to Peale and get their breakfast at |
the hotel, and the proprietor, his wife |
and the dining room girl identified
John and George Fye as having been
there, identifying them in court. After
the Commonwealth rested, counsel for |
the defendants moved for the dis]
charge of Lemuel Hipple for want of |
sufficient evidence to hold him, where- |
upon the Commonwealth entered a
nole pros. by thé permission of court.
The defendants denied empbatically |
that they had taken these cattle, but |
on the contrary, bad been working io |
the mines where they had been em- |
ployed, and further stated that they |
had never been to West Clymer, not |
even knowing where it was, nor had |
they been to Peale at any time during
the past summer, George Fye stating!
that he had never been to Peale, and |
John Fye for more than a year, and |
that they had never seen the people]
who pretended to identify them in
court. Verdict of guilty on Wednes-
day evening as to John Fye, jr., and
George Fye, and they were sentenced
on Thursday morning to pay a fine of
one dollar, costs of prosecution and im-
prisonment in the Reformatory at
Huntingdon.
Com. vs, John Miller, indicted on
two counts; first count assault and bat-
tery, second count, aggravated assault
and battery; prosecutor Valentine Me-
Evoy. The Com. entered a nol. pros,
as to the second count, whereupon the
defendant plead guilty to the first
count and was sentenced to pay a fine
of ten dollars and costs of prosecution.
Com. ve. John E. Pearce, indicted
on two counts, first count larceny, sec-
ond count receiving stolen goods know-
ing the same to have been stolen, pros-
ecutor Jesse BSharrer. This prosecu-
tion is brought for the takiog of three
dollars in money, one coat, one suit of
underwear, and one pair of shoes, The
defendant is a young man from Dun-
cannon and came to Retort, in Rush
township, where he procured work
and engaged boarding at the residence
of the prosecutor, who also loaned him
the coat found on his person when ar-
rested and worn by the defendant in
‘wourt. Some time afterwards the
shoes were recovered by a search
warrant at the residence of Richard
Fink, in Taylor township, and the
clothing on the person of tue de fend-
ant. Verdict of not guilty,
Com ve. John Ammerman, indiet-
ed for malicious mischief; prosecutor
R. E. Waite. This defendant was
prosecuted for destroying a lot of mu-
gle in the band hall in Coleville, Spring
township, on the 20th day of SBeptem-
ber last. The defendant being under
fourteen years of sge, the court in.
structed the jury that there could be
no conviction. Verdict of not guilty
and the prosecutor to pay the costs of
tion.
At this point all che criminal cases
for trial by jury were disposed of and
the civil cases were taken up as follows:
George H. Hopson, use of W, T.
Thompson and G. H. Bwift vs. Me-|
Williams, executor of ete., of Samuel
was
i MoWilliams, deceased. The defend: |
¢ at in fay ‘the
All the traverse jurors not empanel-
ed in the following case were discharg-
ed on Wednesday evening.
Wm.
ney.
E. Crust va. Clement 8. Fort-
This suit is brought to recover
from the defendant the value of a
horse sold to the plaintiff last spring,
for eighty-five dollars, and which the
plaintiff alleges the defendant guaranp-
teed to be sound. The plaintiff, after
keeping the horse for some time, re.
turned it to the defendant and de-
manded the return of his money,
which the defendant declined doing,
and the plaintift left, leaving the horse
with the defendant, after which the
defendant took the horse back to the
plaintiffs residence and turned him
loose. The plaintiff’ alleges that
horse had weak eyes. The defendant
alleges that he guaranteed the horse to |
be sound as far as he knew, and that |
not been properly cared for, as he had
not been used for some time prior to
he sold him. Verdict on
Thursday morning in favor the
plaintiff for $11.00,
Dennis Motter, who was convicted
on Tuesday for an attempted rape, ete,
was sentenced on Friday morning to
of
prosecution and imprisonment in the
county jail for a period of three months.
Other criminal cases entered to Nov
sessions, and not heretofore repoited
were disposed of as follows:
The Taylor township arson cases for
burning of Christian Sharrer's
| barn last spring, were all continued
| before court until January sessions,
when they must be tried,
Com. va. John Raymond, charge de-
sertion, prosecutrix Mary E. Ray-
Com. vs. Wm. C. SBoyder, charge be-
trayal, prosecutrix Nora Eidle;
ued
Com. vs, John Zimmerman,
betrayal, prosecutrix Edith
settled.
Com. vs. Charles Shank, charge be-
Beightol;
contin- |
charge
Ginger;
Com. vs. Frank Krape,
| trayal, prosecutrix Katie N.
charge be
Fehl; nol.
Com. vs. Hiram Gill, charge betray-
al, prosecutrix Emma B. Moyey; vol,
| prow. entered.
Com. vs. Malcolm Heinle, charge be-
| tray al, prosecutrix Lydia B. Black;
| continued.
Com. va. Joseph Fleming, charge
larceny, prosecutor Wm. B. Grassmire;
bill ignored and the prosecutor to pay
| the costs.
Com. vs. Frank Young, be-
nol.
charge
pros. entered.
Com. vs. Ezra C. Harter, charge be-
trayal, prosecutrix Maggie Young; nol.
pros entered.
Com. va. D. E. Holter, A. Weber,
Jacob De Haas, Daniel Wilson, David
Welsh, Wm. Henderson, Joseph
Schenck and H. A. Moore, boro coun-
cil of Howard, charge neglect of duty;
nol. pros. entered by order of court.
Com. vs. Wilbur Wagner and Philip
Straw, superv.sors, charge neglect of
duty; nol. pros entered.
Com. va. E. W. Grove, charge as
sault and battery; prosecutrix Martha
Oswald; settled.
Com. vs. Ralph R. Hartsock, charge
betrayal, prosecutrix Rhoda C. Dillon;
continued.
Com.vs. I. H. Crain and L. C.
Gramley, charge trespass, prosecutor
A. C. Williams; nol pros. entered.
Com. vs. D. H, Bhivery, charge ma-
licious mischief, prosecutrix Ellen 8,
Resides; nol. pros. entered.
Com. vs. Howard Trammell, charge
burglary, prosecutor Scott Lose; nol.
pros. entered.
Com. vs. Wm. Miller, jr., charge be
trayal, prosecutrix Edith Holter; nol,
pros. entered.
Com. va. John Houser, charge as
sault and threats of intent to kill,
prosecutor J. A. Hoover; nol. pros. en-
tered.
Com. ve. Frank Reese, charge be.
trayal, prosecutrix Hannah C. Miller;
settled.
Com. vs. Steve Ellis, charge larceny
and carrying concealed weapons, pros
ecutor O. J. Harm; nol. pros. entered.
Com. vs. Frank Huey, charge deser-
tion, prosecutrix Mary E. Huey; con.
tinued, .
Com. vs. Nathan Hough, Roy
Hough, and Osear Hough, charge ma-
licious mischief, prosecutor Henry
Wohlfort; continued,
Com. v. Aaron Rhine, charge assault
and battery, prosecutor Josiah Taylor;
bill ignored and the county to pay the
costs. '
Com. vs. Frederick Helsley, charge
‘betrayal, prosecutrix Elsie N. Noll,
nol, pros. entered,
Com, vs. David Cohn, charge ped-
dling without a license, prosecutor Isa.
lah Woodle; nol. pros, entered.
Com, vs. Stella Florence and Lizzie
Dinsmore, charge making threats,
sault and battery, prosecutor Wm. Da-
ley ; settled.
Com. vs. John Smith and James Ba-
varr, charge assault and battery, pros-
the county to pay the costs,
Com. vs. Samuel 8B. Baker, charge
80D,
costs,
of the defendants the following
were continued by the court
ground that they were not ready to go
to trial at this time of Court:
Valley Coal Co. vs. Beaver
Co., Mary 1. Ardell, John Ardell, Jr,
Lucas, David Hoover, D, C.
Shope, Isaac Lanning, Alfred Ammer-
{man and Wilson Wolltord; plea
| guilty, continued.
Lehigh Valley Coal Co. George
Lucas, Frank Lanning, Nelson Wolf
Lanning, David Hoover,
. Bhope, Alfred Ammerman,
Mary I. Ardell and John Ardell, Jr.
Two cases continued.
A. J. Greist vs, Lehigh Vall
Co.; continued.
MONDAY MORNING.
Court convened on Monday morn-
ing at nine o'clock, and the major por- |
tion of the morning session was con-|
sumed in hearing motions and peti-
tions presented by the members of the |
on
Lumber
(ieo,
Vr,
Isaac
ey Coal
called was Wm. B.
Mingle va, C. F. Herlacher. This suit |
is on a judgment exemption note giv-
en as collateral security by the defend.
ant to the plaintifl, in the early part |
of the year 1876, for money borrowed |
from the Penns Valley bank in Centre
Hall, and entered to No. 8 of April |
term 1876, and revived by parties from |
time to time in order to maintain the |
At about the time the pole was
$1436.75 at three months, which
was renewed from time to time,
ments made thereon and
loans made by the bank.
time past the plaintifl the |
rents on defendant’s property in Cen- |
tre Hall to be applied on this debt.
Eariy in the present year the defend- |
note |
pay-
additional |
For some
collected
ing that this judgment be opened and
be let into a defence, which was so
proceeded in that the court did open |
the judgment, the case to be tried vy |
jury.
The defendant, Herlacher, objec ted |
to the compounding of the interest at
the frequent renewals of the note, at |
Sand 10 per cent, his attorney citing |
law showing the illegality of the com- |
pouning and rate of interest charged,
and further, that Mingle had taken |
control of the property, house and |
lands at Centre Hall, but failed to ren- |
der statements of the rents received.
The taking of evidence closed at 5 p.
m., when the judge adjourned court to
next morning. During this interval
the parties met and compromised the |
matter, Mingle to pay costs and Her- |
lacher to have the benefit of rents for
the last two years and confessing judg-
ment for $2500, to be satisfied by the
execution and delivery of a deed by
the defendant.
E. R. Jones va
tied,
John L. Potter, administrator of
George Me. Potter, deceased, vs. Un-
ion Central Life Insurance Company,
of Cincinnati, Ohio. This case was
called and tried just one year ago, at
which time the proceedings were fully
published in these columns, and grows
out of the disappearance of George Me,
Potter, from Cross Forks, in Potter
county, in the latter part of May 1804,
having had his life insured in the de-
fendant company in 1863 for $1500,
and this suit is brought to recover the
amount of this policy. At the former
trial the jury found a verdict in favor
of the plaintiff, whereupon the defend-
ant company applied for a new trial
which was so proceeded in that a new
trial was granted.
. Worth township; set-
Shut Out His Other Claims,
Judge Little, at Bloomsburg, decided
that when J. H. Eisenhower sued for
$58, the amount of one month's salary,
he forfeited the right to recover for the
remaining two years of his contract.
Eisenhower was appointed principal
of the Centralia high school for three
years, beginning 1806, After a year he
was ousted for political reasons, and
sought to recover full two years’ pay.
He began by suing for one month's
pay, which judge Little decides shut
out all further claims. Eisenhower
will appeal.
Latest War News.
The Boers made a furious assault on
Ladysmith, and their shelling Is do-
ing effective work. They are starving
out the garrison.
go hues British forces are in dan-
kim and hunger make the situ-
ation at Ladysmith more perilous.
A GI APTA SN.
QUAY CASE GLUOMY,
The Quay case does not look hopeful
| WASHINGTON LETTER.
i
|
i
| CONGRESS CONVENES IN SESSION
ON MONDAY.
{
{| The Repablieans| Elect Speaker Richardson
to the Chnlr ~The Fight of Mormon
Roberts for His Beat,
i
WASHINGTON, Dec. 4.-
| Richardson, of Tennessee,
ed the
-Houn, J. D
who receiv.
Democratic nomination for
of every
House to-
He was not, of course, elected;
Representative
Speaker, and adopted the old
rules, but Mr. Richardson will
the House |
during the life of the Fifty-Sixth Con-
Reed
be
There may be more showy and |
brilliant men on the Democratic
but that he will
shrewd and safe leader is conceded by |
His shrewdness would have beer
manner in which
tablished long ago. He received no
his three ri-
honor,
j entirely out of the question,
| tion taken by the
the
Democrals in
posi-
the
House
official
when
bad no right to go behind the
| returns and deny a mao a seat,
[he presents proper credentials,
but right can’t win when a ma-
jority is determined to do the other
If Roberts eannol clear him-
self of the charge of having
to his
Wrong
being
de-
is fair-
denied a seat. but it is to
Mr.
of the longest ever sent to Cougress—
was not sent in today, owing to
McKinley's long message—one
It will go in
{ tomorrow, and then the real business
will begin
The Democrats were never in a more
aggressive mood, and "hot times’ are
| of The session of Congress
both Senate and House.
The attention of Seuators is being
Ntone
ture adjourned, without electing his
The State Constitution of
Pennsylvania, expressly provides that
U. Senate shall
only be filled by the Legislature. A
pumber of influential Pennsylvanians
are in Washington, working against
the seating of Quay on personal
grounds, against both precedent and
law, One of these is ex-Representa-
tive Bowden, who said on the subject:
“The question should not be made a
partisan one, but each Senator, regard-
less of his politics or his personal
friendship for Mr. Quay, should vote
as a conscientious, impartial and up-
right judge, and decide it according to
its merits and the dictates of his own
conscience, under his official oath. If
this be done, there can be no question
of the result, Gov. Stone's unlawfal
appointment has not a single merit to
support it.”
That our pension laws are in need of
revision, everybolly knows, but when
they will get it, or whether the revis-
fon will make them better or worse,
is a horse of another color, The Secre-
tary and Assistant Secretary of the In-
terior, and the Commissioner and As-
sistant Commissioner of Pensions,
have testified before a sub-committee,
of the Senate Committee on Pensions,
that a revision of the laws should be
made, and recommend that it be done
by a non-partisan commission. A Na-
tional Commission that is really non-
partisan, would be a rarity, indeed, al-
though there are many so-called.
Representative Bmith, of Ky.,, who
was recently acting Chairman of the
Kentucky Democrafi te Commit
tee, thinks the legal contest in that
state, depends upon the view the court
of Appeals takes of tissue ballots. He
thinks those ballots were illegal, and
knows that they were used extensively
in the Republican border counties, to
make sure that the ‘floaters’ voted as
they were paid to vote. He says if the
tissue ballots are thrown out as illegal,
Geobel will have a plurality of from
2,000 to 10,000. Mr. Smith says he
doesn’t believe there will be any troub-
le in the state, no matter what the fi-
nal decision may be,
Mr. McKinley is in somewhat of 2
disagreeable predicament, by reason
his desire to push his friend, and old
family physician, Gen. Leonard Wood
a army. He told
ed out. There was a flood of protest
from the friends of the line officers—<
many of them influential Republicans
--who objected to having them jump-
Captain. Mr. McKinley then tried to
satisfy Gen. Wood with something
else, but he wouldn't have it that way,
preferring to stand pat on the original
promise. This was the principal rea-
son for Gen, Wood being ordered to
Washington at this time, and not the
withdrawal of troops from his District
in Cuba, as announced.
sem f— >
Clinton County Bear Story.
While hunting deer on the moun-
tains pear Lock Haven, Dr. 1. A.
Flexor, ¥. Eberts, D. Smiley and E
| Hauck, of Mahonoy City, had an ex-
{citing experience with a big grizzly
| bear, a specimen of the Bruin family,
{ very rare east of the Rocky Mountains.
| Dr. W. M. Nyer, of Weatherly, vouch-
i es for their story, which is in substance
i as follows :
The hunters were surprised beyond
| measure by being suddenly confronted
vith an enormous grizzly in the midst
ofa dense forest. Adopiing the only
| course that seemed open, Mr. Eberts
{ fired at the big beast, wounding itin a
fore leg.
Hobbling as best it could upon three
| feet, the bear charged upon the hunt-
fers, who fled for dear life. Reaching
| their companions in camp. after they
{bad become almost exhausted, the
| quartet of gunners had hardly regain-
j ed sufficient breath to tell their bair-
i
| raising experience when suddenly the
{infuriated but limping bear appeared
! pear the door of their hut. Then Mr.
| Hauch carefully took sim through a
i window, shot the animal through the
{heart and finally secured the biggest
| trophy brought down by an Eastern
Pennsylvania hunter in years.
:
: AM SS ————
| The following marriage licenses
| were issued during the past week:
Walter Bruce Wagner, Lewistown,
and Laura Zettle, Madisonburg.
J. Clide Jodon and Esther V.
| brick, Bellefonte.
Edward GG. Gehart
Rhoades, Bellefonte.
EM. Faust, Sandy Ridge,
nie Barrie, Powelton.
Ira D. Blagle, State College, and Mat-
tie L. Hess, Rock Springs.
Charles Weiser Bassler, Freeburg,
| Pa., and Carrie May Spigelmyer, Mill-
Gar-
aod Debie
and An-
| beim.
John R. McGinley,
iand Minnie I. Martz, Pine Grove
y -\
W. W. Boob has made a big im-
provement in remodeling the building
which he intends occupying with his
hardware store. The first floor be has
fixed up into a first-class store room,
with counters and shelving, almost
ready for trade. In the front are two
heavy walnut doors with heavy plate
glass windows, The exterior has been
treated to several coats of paint and is
greatly improved. The building is an
old landmark and was erected by the
Harpster boys for their blacksmith
shop. In the early years of the town
religious services were held on the sec-
ond floor of this building until other
quarters were provided. There is lit-
tle semblance between the building of
old and the present one as remodeled
Hd Mr. Boob.
Cleveland, O.,
a
A Rig Improvement
Mormon Roberts Gets it on MceKinley.
On Tuesday while the Roberts case
was up before the House and debated
pro and con, Mr. Roberts in making a
strong defense in his own behalf, final.
ly surprised the House by stating that
President McKinley himself had ap-
pointed polygamists to high govern-
ment positions in Utah in spite of re-
monstrances laid before the President
that the parties were polygamists, and
that McKinley simply brushed the
largely signed remonstrances aside and
appointed men with plural wives in
preference to others
Mac now has the floor.
——————— A ————
A Two Cent Stamp is Sufficient,
Postmaster General Smith has issued
an order establishing domestic rates of
postage between the United States and
the Philippine Islands and Guam, and
prescribing the various rates to apply
on the malls between the recent terri-
torial acquisitions, A two cent stamp
is sufficient.
SA A AT ————
As a cure for rheumatism Chamber
lain’s Pain Balm is gaining a wide
reputation. D. B. Johnston of Rich-
mond, Ind, has been troubled with
that ailment since 1862. In speak-
ing of it he says: “I never found any-
thing that would relieve me until I
used Chamberlain's Pain Balm. It
swollen and paining me very much,
but one good application of Pain Balm
relieved me. hg ing
NO. 48
LOCAL ITEMS,
Cullings of More than Ordinary Interest
from Evegywhere.
The Salute,
Halt! Attention! Carry arms!
Eyes front! Right dress ! Present
The banner of the brave goes by-—
Starred, striped, with firmame nt
Of bluest glory — Ready !| Fire !
Old flag, cur institute
Of reverend sentiment, receive
This fond salute !
Hats off! Ground arms! With voice
and heart
Ring out the ready cheer !
Yonder she floats, the grand old flag,
The banner foemen fear,
Ring out again the loud huzza !
Let not one tongue be mute—
Gaze on her starry folds and then,
Again salute !
Port arms ! Make ready, load and fire !
Her colors dipping sweet,
Her glory gleaming all the world,
Bhe passes down the street
Roll the loud diums, let 'trampets
blare,
Oh ! symbol of the free,
Joy of the loyal life is theirs,
Who lift the hat to thee !
-Baltitnore News,
C. P. Long’s ad.
Hard freeze : Monday night.
Great throat cutting : among hogs.
Uneasy :
Jingle.
the sleighbells, wanting to
This week heavy drafts were made
on over coals.
Thomas Palmer, of Potters
was granted a pension, $8.
Mills,
Grain fields here, and all through
the state, look promising.
Beef, hind quarter, taken on sub-
scription account. Report soon.
Buow : nights of Sunday and Mon-
day, enough to whiten the ground.
Christmas near; how many little
boys and girls will you gladden ?
Mrs. Matt Odenkirk is still confined
to her couch from the injuries received
by a fall.
Mrs. John Auman,
laid up with »
knee.
of this place, is
very sore leg, below the
After an interval of some weeks, an-
other case of diphtheria has made its
appearance at Millheim, we are told.
Rev. Rarick's appointments, Bun
day, Dec. 10: Centre Hall, 10 a. m. ;
Spring Mills, 2 p. m. ; Tusseyville, 7
p. m.
Yesterday afternoon there seemed to
be a race between sunshine and snow
squalls, which could come and go oft-
enest.
80 many hunters having been killed
or crippled this season, gives deer and
other game a chance to become more
plenty the next few years.
At the celebration of the golden
wedding of Mr. and Mrs. Joseph K.
Marshall, at Buffalo Run, 8 children
and 20 grandchildren attended yester-
day.
Mr. and Mrs. John Wanamaker last
week gave to Bethany Presbyterian
Church, Philadelphia, a check for $31,
000. His deeds »peak louder than his
words,
The Clearfield commissioners have
offered $500 reward for the arrest of M.
F. Johnston, jury commissioner, who
bas disappeared, under the charge of
tampering with the jury wheel.
Centre county public schools have
10,313 scholars and 287 teachers, and
the latter receive an average of §35 per
month. There are many counties in
the state not up to this average.
George Rowe, our efficient bore Ny
shoer, is fully equipped to supply the
trade with the “Never Slip” horse
shoes at right prices. George is a good
mechanic and has a large trade.
Hummel, charged with murdering
wife and three children keeps declar-
ing he is innocent and that one Harry
Smith did the deed. The body of the
missing baby has not yet been found.
This week was cold enough for regu-
lar winter. The ground is frozen hard,
icy winds are whistling, and snow
flakes keep riding the winds. Well,
all hands agree we had a delightful
fall and can’t expect any thing else
than wintry doses,
John Auman, the miller at the sta
tion, has abandoned the use of steam
for running his mill and now uses a
20-horse power gasoline engine which
answers his purpose. He was obliged
to make the change on account of the
rise in coal and the largely increased
water tax. Mr. Auman gains several
hundred dollars a year by making the
change.
Farmer C. F. Herlacher, of Storms-¥
town, one of Centre Hall's earlier
merchants, was a visitor here, the othe