jjje SomerscMIerald.
.K K- S-.TLU Editor.
line ,
,.,! at.-tven .rjprw-i-rh.n.Mit-t'.ini.r.iMt.-.
anoth-r.
. ! . -t n.al- " I'
.,, ( - s. nnl !:.i"S a
t:.T.mnn:ty.ifMrklry-
".. ,intv, ifM !'' "vcrtlie
'V" ; ,,,.e'-n-eoftbotliirtecn-"
.H,i-hter f M. Altnian.
ha- u Isfea seeunor
1. 1'
l.in!
, wn.4..r.-..st. t IM.lT article f
11 ;..it n duty to our ul-
l"'r,'lu,:p.-li--i..'t i--"p iMt'nine lb
H'" ,! ' . wsrUnU" Stoves nJ
f .-..mil in New York at the
, avenue au.i runj-uiL
v I'M feet UoejS was sold
IIS
srrru. . , h. thai is ?-OV ironi
Nlli'r''"'i - . -.juare foot That is the
f"V r-i7 ever PiJ ft residence
UCr Vn-.Vuitt-J Slt-
, l irthtUv of the mother of
. . - i-l.ree
Tlie i
i-. L- who lives iicm j
:.-ll'
iyUni "county, was celebrated
liter l.' persons -'
xl:''" " .' , I an ltholOOlkS
, 'i l l!ie ap"1 """""
T"" .' wentv-five years was
i-i ii
with the presents and
,:.:.S',1!l' lT'6
r . fi,a- N. Miller, of Stoyestown ;
v J.hnV.ark. of HarrisLurg, nd
v IHt-lr. of ritulmrg. are tbe
.:. ...t-Mrs. Harry A.
Coneniaugh street.
l:Z are a'aughter. of Mr. Cornelius
Tar-T . .. .. .n, have been
1 PB II,
wi.i.-u:l
. .-t utiier
isi. They wnl visit
eefore they return home
t.i::.-:-''n Tiii'ane.
.-i.-a-U. r..ni:!y nanied Kn-ust
!n:i le it appearam-e in ap
The TV
.;.Var.,veii'.eater. It is prorid-
i.v !;.i: :ro u ii Ii an awii -
r-fs th lark of trees aua
. i .t .'I iha
t-i I r -h ' ""'t 1,111 """"
, , v i::i:.t ilhprins a a y from
.;.;:,,1rh:a-i:U
H a. 'c''.i. of ('.tinpajir !.
i-J.v.v ; V.i iVnnylvaiiia Volunteers,
v v.-.ip. cj:ne i' iue. u
:.. . t . . irt.i-iri.lte
in tha :ra.l.
Mr H :ii-:i:!i -utiUd N".ve!iiler 12,
j-1 a:ilTVi-! throughout !he War and
.1 ' tra:!f' rro l to Company K. ie
,,'111,!r,-.l -::c!ity--ij:lilH IUgiiuont.
jvnn.vlvs'.is V..!utitH.rs, June JS, lNiV.
i!,. inN-au 1 h.-irty. an.l waspmli-
, ,v..;i. .! ''.!' ol.lt, if li"t lh.'il.l.-it,
. ... f:
... .ri i ' -i
r- .ii in t i
p ir.i 1!. i rin-ao u i ii-
T
t'.ii
y. i
,.. s.i:ili;,; . .ufc rcii.-e of the German
i;.".-;!-r.-u, or iLmkar-ls of the
;. i -..ri-. iii'-U at Fre leri.-k,
v;-i. -r.l.iy, will lie a:i exceedingly
r.-:;:ij a-.ir. h gathering
Among
r;.ut uialit-rs i.efre the
i- .:.:-!.- are :-fe i:wiiranee, eieelion of
ti!:-i;'-r ! y a ni.ij -rity vote, care of dis
t',lr.l niiio:i.iri.'. the itt.t seriptural
Kill ! !:-ii:i:g 1 'vefi'.i-its, e niiuiuni-in
:her iuip.mant matters will
I . ! : .re the coiifTeiii I'V the
xr:.-!i i--t v inft-renets.
1':. !. . nl, of Iu!il.i, Cam! il ia
rui.;y. 1 r.i:ik siiiienux vomica the
.:u-r4.iy. j-K f h a hoiuting pa-ti-.-
U f.T ii-'i he ha 1 pres Ti!ed it, how
ii tniii. it as. Ttie doctor is dead.
jiiM-pbSpein-er one oflhehest kno'n
i-i:.enof lllair rtiunty, was fatally in
j irea at Koai-iiig Springs Monday, while
l" ave a ueighttor's dwelling
l'p.-:i llie lliin.-s. Mr. Spencer was stand
in.; in If .ut of the house, and directing
i.i lirnueii in their work. Suddenly the
rti:u!i--y l:retiy alx.ve him toppled over
- mi :.rtunate man to the earth
. r:t. kii g his skull.
Jew Willi-., a prosperous firmer liv
iiij near i:ot, l'e.lford county, is the
-s-.ir! a reiiiarkaMy strange freak
i.: uilnre iu kiiieus, built on the Siamese
f.viu ..r.i.T. only this one is a quiutet, iu
miiii.'U as there are live fully developed
li-ai ana. he.l to one Uly. The freak is
iu; a l-w w.i ks old, and a strauge feat
ure 4i.i.t it is that four of the beads have
w i to show any sigus of life and are
"ieaj-hea.li" in the true sense of the
..-!. An elfirt was made to amputate
tui- .le.fase.1 erauiums, but it was tinally
gii en u;. and the ultimatum of the would
I--11.1,11 a that the freak could fol
lnv "'1'. y's" ftxitsteps and "jist grow."
Sy a m riler: For nervous headache,
la'.iiing the lai-k of the neck in hot wat
er. K..rsk-k or nervous headache, rub
l.inj peppermint oil on the temples. For
''"rTi-v. li'nevvater and sweet oil. For the
liejiiiuu.-j of a runaround, pricking it
a.i paiiiiing it with iodine. For an in
ei.ieut b.il. iimrialed tincture of iron,
r. r rheuniatisiiis, oil of wintergreen, iu
tenully an 1 exu-riully. For breaking
ujitije liegiuiiiiijT f a cjld, fur drops
ea- ii .if ea!ii;hor and liu liiiuiu oil a
lump ofiujjar. For breaking up a cold
t'elve dnps of camphor in twelve tea
sini"ul of water, taken by the teaspoon
fui ta. Ii Lalf-hour.
l't. John II. Itecd, of Hibertsville,
s nii.-net eoumy, wh; had been the guest
''i.'ii-!i.phew-Mr. Will Keed tf Vine
s;.' -u sniee Tuesday, returned home to
. He is in his eightieth year and par-''-.atl
in yesterday morning's parade
"luM vildiers. The Captain organized
.ii,4Iiy 1, (me Hundred and Twenty-
",lu ' eunsvivaiii Volunteers, at Cbam
"r!.:irg. I'a., iu tweniy-two uurs,in
tiem -iith of August lsu. He had his
l ::i ie paralyzed Iecemler 13, lsU, at
rre.ieri.-kslr.irg, after which he was
I '-v.-ej m w-ieran Ileserve Corps. He
" -'"i-r of ICmorr Fisher IW At. is.
A. .11 The mavy friends of the Captain
rr- to learn that the health of
' aiiiiaUe wife is not imorovin? as
if.,rl..l... o-. :.
- 'iiuni.iHU illlJUIie.
A ( u
"uNrland dispatch published in
y papers says: tioveruor Iunles
M..:;.!a
e-t,r.!ay e.mimuted the nenteuce of
s--ii"ii li 'iimier under sentence of death
t"r'- ''" exe.-ution had been fixed for
""'e -., to iinprisoameut for lif. Hom
t ii ,,i,,vi,ied or murder iu the first
d-sree April ii, for killing Samuel
Uaiier, MeCallister, iu a South
uunerlaud saloon, where a number of
Ui-rs t.re drinking at a late hour at
ias- II.. miner, it was alleged, shot
"la,ier without cause, and while his
i.inii lay writhing on the floor tOood
""r Um, with a smukiug revolver, and
-J iiiiu Ui die like the dog be had lived.
A!'er H,,m,.r had been sentenced to
'V rs. John Short, of K!k Lick,
-. sister of llommer, appealed to the
" v'rl-"r t t)iiiiimie the seiiU'ii-e, KUt
H'C that her brother was an imbecile,
lT.Hlu.-ed allidaviu fn.iu lawyers
' J other prominent ieople of that eoni
unuy kllew Hjn.ujer wcn mlJ
ere of tbe opinion that llommer
d.-generate. Hommer'a old school
tea.her at Klk Lit.k WX)W Wovernor
""des a pleading letter for lenieucy,
'tR. au,oi.g other thiugs, that even
, " W t chiL llommer was call
J sui.ple-miuUed." The Governor Hub-''tU-d
u,v otie tilt, state Lunacy Com
USM..U, whicu, after examining Hoin
'eraj,J UUug omj, tes,;,,, re.
P-"ed that Hommer w a degenerate,
"iteiUe fr Uia act, not a fit sublet
t hai,g,ii and too dangerous to be at
rC. and recommended that he be oon
Wd,","' institution Ibr lite. Hom
"'raindifrereutt. bis fate, and took
Huutere,t iu lue rtuiu that saved bis
Tls P.. a o. IL 1L baa just issued a
rJ handsome liule pamphlet describ
" 8 lM"r ,llrk. illustrated with a number
l7 , "PvIne. Copy tn I had
. "s-udrng two cent stamp to D. C. Jonea.
Msnager. It. A u. Ceulral BulUina j.
A pension hm Ixhhi granted to Ktnan-
uel Atchcwtn, of Berlin.
Her. John M. Barnett, D. D., of Mark
Irton, wan in town lietrecu trsins yester
day. Mr. John K. Vhit, of Hviulman, was
a Sunday v b-itor t tbe home of Sleritl
M. II. Ilartwll.
I ug'ili-t.wn, at the ftot of the Laur
el Hill mountain, celebrated its vcnlen
nial anniversary on Monday.
Mixs Fannie, daughter of V. M. nia-k.
f Confluence, is visiting at the borne of
M'. A. J. Hile:na:, in this place.
A number of : Somerset pe'plewill avail
themselves of the cheap rates to visit
California duringtk suunur mouths.
M r. and M rs. V. Ik I'arker are vlsit
iug at tbe borne of the latter father
CapU Win. II. Jordan in ML Pleasant.
lA. Chester M. Kncpprr, LT. 8. N.,
Ensign Orlo Knepper, V. S. and their
ister Miss Flossie Kneppr are visit
ing at the home of tbii par-nits.
Mr. John Johns, wbo for Lhe pa,-A thir
ty years has been a resident of LaGrange,
Ind-, is visiting at the home of his
brother Joseph in Couemaugh township.
Mr. Herman P. I'ritta and Miss Klmi-
ra Smith, of Itrotbersvalley township,
will l united in marriage at the home ol
the bride's parents at 8 o'clock to-mor
row evening.
Rev. Hiram King -w ill conduct relig
ious services in the Lavausville Reform
ed church, at 10 o'clock next Sabbath
morning, and iu the Somerset Reformed
church at 7:30 p. in.
Mr. William Peters and Miss Edna
Itlough, of Listie, were uuited in mar
riage oue day last week at the home of
the officiating Justice of tbe Peace, Noah
Case beer, of Somerset borough.
At the State Encampment U. A. IL,
held at Johnstown last week, Capt. C. J.
Harrison, of R. P. Cummins Post, Xo.
210. was elected a delegate to the Nation
al Encampmeut, which meets in Buffalo.
-
The Fifth Annual Sunday School Con
vention jf Somerset Classis of tbe Re
formed church will be held at Lavaus
ville, ou June loth and 10th. An inter
esting programme has been prepared.
J. S. Hartzell's ginseng warehouse, at
Addison, was destroyed by fire at a late
hour Friday uight; Lss flSOtl This
makes the third incendiary tire that has
occurred in that village during tbe pist
few weeks.
Children' llay -erviccs will be con
ducted in the Evangelical church, at
Husband, at 1(1 a. in., next SablcUh morn
ing, con.ltH-ted ly the pastor -Ilev. I. L.
Voder. Ilev. Yotlor will pnnich at Pearl
town at 3 p. m. the same afternoon.
The work of double tracking the 15. &
o. from a jxiiit balf-mile w est of Mey-er-dale
east to Sand Patch is being push
ed rapidly forward. At some places the
ballast has been put down and track lay
ing will le commenced soon. Excava
tions have bt en made through solid rock,
making the work very expensive.
M rs. Rebecca Black Hornsby, daugh
ter of the late Judge Jeremiah S. Black,
left Monday in truing, for York, Pa., af
ter speu ling a we-ik at thi hi n of her
cousin Mrs. F.J. K ktser. Mrs. Horns
by was born in S mi rset an J hi m my
friends here. She resides in Washington.
Mr. A. It. Falknor hss purchasel from
I.evis J. Esken the "Mansion IIouse,M at
Berlin, the consideration, we learn, be
ing $2,500. Mr. Falknor has successfully
conducted this popular hotel during the
past two years, and now that be has be
come the owner of it will make a num
ber of needed repairs.
A crowd of several hundred friends
and neighbors of Mr. Perry Schrock, of
Milford township, assisted in raising a
barn 4llx!M feet ou bis farm last Thurs
day. The frame work prepared under
the direction of Jacob tierhart was per
fect in every detail and slipped into place
without a single hitch. An excellent
dinuer was served to all present.
Somerset is to have a base ball club
this season, although the boys ar a little
late in getting the organization perfected.
Sam Walker will manage tbe team,
which will le made up largely of players
wbo formerly belonged to tbe famous
"Maroous." A schedule of games with
Berlin, Meyersdale and Rock wood will
be arranged at an early day.
"Ben" Edda, the toughest 14 year-old
boy in Jenner township, was committed
to jail yesterday to await trial on charges
of larceny, malicious mischief and carry
ing concealed weapons. Tbe youth in
stantly adapted himself to bis new sur
roundings and requested on of the jail
oflicials to buy him a supply of "tobies'
and some chewing tobacco.
The 21st Annual Convention of the
Somerset County Lutheran Sunday
School Association met at Rockwood,
June 7-9. Ten clergymen and over 1C0
delegates were in attendance. 4,0W
scholars, teachers and officers compose
the Association, which is tbe first organ
ization of the kind in the L'uited States,
having been organized 21 years ago.
Friday afternoon a telephone messago
from Johnstown announced that Mrs.
Roddy, the mother of the two young men
under conviction of murder in tbe first
degree, bad fallen over dead when she
learned tbe verdict. The sad intelli
gence was at once conveyed to the prison
ers when both were everoome with emo
tion. The same evening news was re
ceived that Mrs. Roddy had simply
swooned from shock and that she will
reiver.
At a meeting of the Somerset School
Board, Monday evening, Mr. P. A.
Sehell was awarded the contract for beat
ing and plumbing the "Academy"
school building, and the annex now un
der construction. The contract calls for
semi-direct hot water heat (which in
cludes ventilation.) Mr.ScbeH will re
ceive f,'ii for the work. Mr. Frank
Fried line, the well-known builder, was
appointed by the S.-hooI Btird t super
intend the construction of the new- build
big. Christ Long, Jr., son of Christian Long,
well known in Somerset county, wbo
died a few years ag the richest man in
the Cumberland valley, and left an im
mense estate, attempted to kill bis guar
dian, John L. Baruer, in Sbippensburg,
last Wednesday. Long went to Barner's
office and demanded that bis monthly
allowance lie advanced. As Long has
been squandering his money it was re
fused. A quarrel ensued, during which
Long drew two revolvers and fired a shot
from each at Baruer. Neither shot took
effect. Long was arrested, but could not
secure bail, and was taken to Carlisle later
in the day.
Henry Rish, postmaster at Uavidsville,
has been deposed from bis olli and has
given bail for a hearing at A 1 toon a on a
charge of rilling Uuited Slates mail.
Risb is a prominent eilizeu of Davids
ville, having held, in addition to bis of
fice as postmaster, the tax collectorship.
He also was proprietor of a store. Some
time ago complaint began to be noised
about concerning tbe disappearance of
letters supposed to have been received at
the Davidsville postofliee. Finally In
spector D. C, Owens of Pittsburg obtain
ed enough information to warrant the
arrest of Rish for opening a letter con
taining money. Accompanied by Detec
tive Frank Campbell, of Counellsville,
Inspector Owens went to Davidsville
last Tuesday and arrested Rish. At the
same time ha deposed hiui from oili -e
and located the post office iu another
building across the street from tha old
site, where the office bad been located for
31 years. A new postmaster was installed.
Twice Condemned
JAHCS AND JOHN RODDY IN THE
SHADOW OF THE GALLOWS.
Alt M..pe ct Sat iff the Uvea of th Ptlnrr
Bdirtr4 t Hat Pasca.-Lat Acts ia
the Famu Trlal.-ltMlils Declare
They Are luaacrct of the Mmrdtr mt
DjtiJBcrkej.
Death Sentence Will Likely be Impos
ed at Argument Court, Whkh
.Meets on June ast.
"vJailty of murder in the first degree,'
were the an ml rords which a second
time fell ou '-e ears of the Roddy boys-
James a I John at 9.j0 o'clock Thurs
day night when they stood facing tbe
twelve jurors, who for nine days bad
been sitting in judgment over them, and
who had come into court br the purpose
of announcing the result of their deliber
ations. Neither of the prisoners, showed any
outward evidence of emotion, further
than that John swallowed an iuvisible
lump that had gathered iu his throat.
!id beads of perspiration appeared upon
bis brow. John folded bis hands behind
his ba.-k and looked steadily into the
eyes of the men whose words were of
such fearful consequence to him. Once I
or twice a smile played a 'suit bis lips.
and when the trying ordeal was over he
resumed bis chair by the side of bis
counsel. Jim's face was ashen pale, but
be was more composed than at any time
during tbe trial. He chewed away at a
wad of tobacco, occasionally leauing for
ward to expectorate, while tbe jury was
being polled.
Judged Longenecker charged the jury
as soon as court ennveued Thursday
morning. The delivery of the charge
consumed about an hour and at 10 o'clock
the jury retired. Shortly afterwards
court look a recess until 1:3) P. M., when
it agaiu met and after a short session
took a recess until the ringing of the bell,
which was to announce to tha public that
the jury was ready to report.
During the afternoon John Rtddy
amused himself by playing on his violin
in the upper ctrridorof the county jail,
tbe strains of the music floating across
the space between tbe jail and court h m-te
an 1 into the room oc.-upie l bythojary,
who were determinin,! whotb-jr or ni-t he
should die an ignominious death.
There was much speculation on the
streets during th9 afternton aid early
evening as to tluniltire if l!is ver li -t,
an overwhelming mij irity expressing
the Is'licf th it it would b9 guilty of mur
der in tbe first decree, while others do
t-tared their belief tint tin j iry wo-.il.I
either acquit or disagree.
When the court boll ami uuu-o 1 at S;"
that tli j jury h 1 1 ;tm 1 tliere was a wild
rush for I do ourt house, and in a fear
miuulos lua furt rmm wa cro-.v.lr I
with an e-icr fir A nuniYv of lu-
t'iM w ere in the audienc.?. Tin juryimn
were in their scats before the crowd ap-
pjarola il s ine of them were visibly
aniiisoit by the cntictl examination to
which their c Hiutentii -e- were snbj.-jjted
by thos4 li.i wore auxi i n to road in a 1-vaa.-eho
venlict tb.it wu in their keep
ingau l only to Is) m.ilj k itwu when
asked for by tliocitirt.
C.i-.insel for ths Ciiiitn tnwealth a.i I for
the defend mts took their aecuslomeJ
seat. A m oment later thj m :nt.srs of
the (tench entered. A d.tutuliko slillno-ts
pervaded the room. Tli-t c'.ork of tbo
c iiirts ca'.loj th3 roll of j.iror-t, auJ at a
nod from Judge Longenecker asked the
usual questiou. After thtj.irors bid an
nounced that they found the defenlauts
guilty tli-? verdict was bunded toJu lja
Longenecker, who cireftilly sertitiuizJ
it and directed the clerk to rettiru it to
the foreman of the jury. Tin Ju Jge then
said: 'HJentlemen of the jury, wo in
structed you this morning th tt your ver
dict could be in only oua of tw ftrint,
either 'Not guilty, or 'iJuilty of murder
in th9 first degree. Tli3 oturt will wait
while you retire and pat your verdict iu
proper form."
Three minutes later when the jury re
turned to the court rot n c mu-tel for the
defend-tuts a-tke l taut ths j iry bi p tiled.
Each juror arose as his nu n J wat called
and in response to thj question by the
clerk: "In the issue joined between the
Commonwealth of Pennsylvania and
James Roddy and John RtJly defend
ants you say that you liud the defeudanbi
James Ildy and John Rtddy guilty of
murder in the first; is this your verdict?"
promptly replied "Yes, sir." Immedi
ately following the verdict was taken and
recorded at !U0 P. M.
Lawyer C. F. I'hl, Jr., at once filed
a motion for a new trial, and Judge
Ingeuecker dire. -ted the Court Steno
grapher to have the notes of testimony
transcribed on r before ths 2lst inst.,
when argument will be beard as to why
a new trial should bo granted.
There was no demonstration on the part
of the audience wben tbe verdict was
taken, the large crowd quietly retiring
from the court room. The prisoners were
cuuducted back to the county jail.
Only three ballots were taken, the first
and second standing ll to I for conviction.
There are several coincidences in re
gard to the trial. One is that the second
verdict was recorded on the first anni
versary of the commission of the crime.
The other is that the jury retired at al
most the precise time a did the jury at
tbe first trial and deliberated until about
the same hour, both juries coming into
court at the same time. Tbe verdict of
the first trial was recorded at ifclo P. M.,
on December 24, 1S.
From tbe time a new trial was granted
tbe Roddy boys both defendants were
entirely confident that they would bo ac
quitted. Wben John bade one of bis
sisters good bye, Tuesday afternoon, be
said: "Don't worry about us; we'll be
homo next Monday." The hopes of both
defendants rau high, up uutil the moment
the second fatal verdict was delivered by
the jury. On the way to the court room
tit receive the verdict Jobu remarked to
one of the jail officials "I feel sure the
verdict is not guilty."
MAINTAIN T II Kilt IJfNOCKXCK.
After the prisoners bad been coudued
buck to j til both stoutly maintained their
innocence, and the next afternoon wben
they were visited by their counsel, tbe
uu happy brothers separately and togeth
er declared they were innocent of the
murder of David Berkey.
Counsel for the Roddy boys have about
abandoned all hope of establishing their
innocence, and their visit to the jail Fri
day afternoon was for the purpose of con
veying this information to the prisoners.
Counsel talked to them very plainly,
saying that there was little, if any hope,
of aeeuriug another trial, and but faint
hopes of securing a reversal of ju Igiuent
ou appeal to tin Supreme Court. Appeals
were made to the prisoner to confess I
they bad anything to do with the Berkey
robbery, and as au inducement to confess
they were told that if any other person or
persons were connected with tbe crime,
a confession might save the defendants
from the gallows. In reply to the ap
peals and threats of bis attorneys John
Roddy firmly declared that be would go
on tbe trap an iunocent man. "I was
never in Paint township," be said, "ex
cept tbe time the olllocrs took me to
Berkey's."
Jadgs'i Cair to the Jary.
(Jtullcmcu of the Jury.
It is now a week since you were select
ed and called into the box for the purpos
es of this case, during which time you
have necessarily experienced some dis
comfort under tbe restrictions which the
law imposes in such trials, and the pro
tracted sessions of court occupied by this
investigation hive doubtless grown
wearisome to you. I congratulate you,
therefore, on tbe approaching end of the
case and your speedy return to your
homes and several business occupations.
Tbe case which you have beard with
so much patience thus far will soon be in
your bands, and, in tbe time yu shall
deliberate ou tbe verdict, I bespeak for
Absolutely Pure.
Celebrated for its great les veiling strength
and hcaHhra'tess, . Assam the food agaiust
alnm aud all forma n' adulti -stlon common
to the cheap brands.
BOTAL BAKISO POWKKR CO SW TORk.
all the great interests In vol red that seri
ous, earnest aud patient attention and
consideration which their importance de
mands.
A year ago this hour tbe community
was shocked at the spreading news of a
cruel outrage committed the preceding
night on David Berkey at his home in
Paint township, in tbe northern end of
this county, by a pair of masked burglars
wbo had forced their way into his house
shortly after midnight. It is alleged the
injuries he then sustained caused his
death, which occurred on the 3d of Octo
ber last. These defendants were sus
pected of having perpetrated the crime,
were arrested, indicted, and are here to
answer that charge.
The indictment contains two counts.but
both relate to the sa-nt offense, and
charge the defend tuts with thi murder
of David Berkey.
Some facts connected with the cafce are
free from controversy. It is not disputed
or questioned that on the night mention
ed a burglary was committed at the
houte of the deceased for the purpose of
robbing him. Nor is it denied that he
was tortured an.l th it he lingered aud
died in consequence, as tho indictment
alleges. Tho disputed question is wheth
er the defend mts are tuo pontui who
ciinmitted the oifonse.
Burglary at common Uv is "tho break
ing an 1 entering a dwelling h nise of
another in the night lime with tht intont
to commit a felony therein."
Here tli ; felonious piirp ;e wat to roll
and steal, "it !'..ry is the theft of prop
crty from tho p-rstn or in tha presence of
tho ow iit, ae.Muiu i lie 1 by viole:i:t or
putting him in fear."
The testtm in v shows that after the door
was broken o,i n au l tho p iniet !i 1 1 en
torod, they were ask-vl by ! ivid Berkey
what they wiuto-i a.i I Ihey replied,
"Money, by t! 1 1, au 1 wj will hive it,"
and th it thy tlieit r.ms i.-kisl tho house
and t '.; all tht in t i )y I'i ;y ci-.ill lind.
To aectniplisU thoir purote and com
pel the olJ in i-i tt dis -I mi th? wherea
bouts of his m :t ty, h ) wh placod in a
chair, his h in.N au 1 fest tie L ravolvers
pre-iauted to his fi -.o with tiirtiti of vio
lence, ho was str-u -k in tho fa.o while iu
this position and hii f 't b irnel in the
horrible m inner d .wribud by tin phy
sicians and otlitr vi:im-M; ail fir tho
purpose of f ireing him to rcveil t'io oth
er moii.-y an 1 ti tvornuitnt bmli they
supposed lit h i 1.
If this uu lisputil testinii-.iy is b.tliov
ed the crimes of burglary aril rub'tery
were completo.
Tho doctors told you of t'uo fatal chir
acter of tho injuries, of the sli tck tt tho
old man's vital energies ret iltinj from
them, and that they were the diroct cause,
of his death. There d es n.tt sat:n to le
any reason to doubt thit his daith is
chargeable to tho untpeakable outrage
c.tm-nitted on hi in tint fttefol uighL
Yet the burden is ou the Common
wealth to show aflirmi'.ively that those
injuries caused his doith, or, at least,
concurrently with other causes, contribu
ted tt his death. It is tho first stop nec
essary to a ctnviction. St your first in
quiry will lie whether David Berkey
died from the effects ol tho wounds re
ceived at the hands of tho two burglars.
If this is found in the a.Tiriu itive. then
what is the olfense committed by tbe per
petrators of those acts of cruelty? The
Commonwealth says it is murder and so
charges it iu the indictment.
Murder is "where a person of sound
mind and discretion unlawfully kills a
reasonable creature in being, in tbe peace
of the Common wealth, with malice
aforethought, either expressed or Im
plied." That w as the definition of murder at
common law, as it is with us to-day.
You will observe that malice is a neces
sary element of the crime. But this
means malice in its legal sense, as dis
tinguished from the ordinary use of tbe
term. That is to say, it does not merely
menu ill-will, a spile or grudge, or a re
vengeful spirit ; but denotes wickedness
of disposition, hardness of heart, cruelty,
recklessness of consequence, and exists,
a has been said, where one is possessed
of a heart regardless of social duty and
fatally bent on mischief, or where a
wrongful act is intentionally c tin milled,
without cause or excuse. To constitute
murder, malice, as thus defined, must be
present. It may, however, be inferred
from the act done, the manner of doing
it, or other attending circumstances show
ing a perversely wicked heart. It is pre
sumed where an unlawful killing is
shown to have boen committed, and no
circumstances of mitigation or justifica
tion appear. When a person in II ids se
rious bodily injury on another without
cause, malice is implied from tho unlaw
ful act, aud if it results in death it i-i
murder.
It is not necessary ti complete the of
fense that the person injured shall in
stantly or speedily dio, but if the injury
continues to alfjirt tli-3 body aud health of
the victim until death ensues, if within a
year aud a day, or four months, as in tbe
present case, 'it is euough. This, we
think, will give you a sullleient compre
hension of the nature of the common law
crime of murder.
If, therefore, you shall find that David
Borkey's daath wn caused by tho injur
ies suffered on the night of the burglary
and robbery, an.l that the ingredieut of
malice, as we have just defined it, was
present in the act, it was murder at com
mon law.
But at common law all murder was
capitally punished ; and our legislature,
recognizing a difference in degree of guilt
between murder committed deliberately,
wbeu tbe formed intention to kill exists,
or it occurs in the attempt to commit a
felony, aud cases where no specific intent
to take life appears, passed an act as ear
ly as 17t4 classifying it into two degrees.
In 1sj3, wbeu our criminal statutes were
codified, the same distinction was kept
up, and is found in Section 74, as follows:
"All murder which shall be perpetrat
ed by means of poison, or by lying iu
wait, or by any other kind of willful, do
liberate and premeditated killing, or
which shall be committed in the perpe
tration of, or attempt to perpetrate, any
arson, rape, robbery, or burglary, shall
be deemed murder of the first degree;
and all other kinds of murder shall be
deemed murder of the second degree."
"Wben, therefore, a malicious horn i
cido accompanies, or arises out of, the
perpetration of or attempt to commit a
burglary or robbery, tbe perpetrator of
the crime is chargeable, under the pro
visions of this act, whether be did or did
not intend to kill. If he maliciously in
flicts serious bodily injury nnder such
circumstances, which results in death, be
may be convicted of murder in the first
degree. So, U follows that if the offense
of murder baa been made out in this case
it ia murder of tho first degree.
Did the defendants commit tbe crime
or participate in its oomniissiouT That is
tho real issue for your determination, aud
1 A
TEN DAY
3
W DISPLAY 1
- C9 9 S"fs
Qenialn
w mm
t
3
&:
::
'&
?:
Every few days brings new attractive FABRICS to our store in Organdies, Dimities, Diess Goods, Underwear and Hosiery.
The styles make them desirable. Our prices move them.
THIS SPLENDID WILL l Riven away with every purchase of ON'F. POLLAIl at our store, U-ginlng Saturday Evening, June lth. With every purcliMnc of ONE
yf . DOLLAR we give you a cuujion, entitling tho holder to one of tho elegant Oil Paintings with a small charge for the frame. We ties! re to
J 11 ramli 1 lllVj stal tuat le Artist who titles this work conies to us backed by ivcomiminlations fntm the lt Anns in the country, (living these paiiitlug
away FREE TO ALL, charging wholesale prices (half the usual price) for the ti one. You can see them made at our store. A ppleiiiiI opportunity to atlorn your home. We extend this
opportunity from June 12th to June 22tl.
THREE SPECIALS.Sv
. 44 Inch ALL WOOL BLACK CREPONS, the price ....... 39 cents.
,Jl, 44 Inch HENRIETTA, 10 styles, the price 25 cents.
44 Inch
T ten i
8
150 LADIES' BLEACHED VESTS, worth
Respectfully yours,
ft
you must decide it from a fair and impar
tial consideration of all tho evidence
submitted. While you will necessarily
bo impressed with the brutality aud
enormity of the olfense charged, such
consideration must not bias your minds
in the least against these defendants.
Notwithstanding the grave accusation
against them the law presumes them in
nocent and it is your duty to so regard
them, unless the Commonwealth has
shown beyond a reasonable tl.tubt that
they are guilty. In view oi the serious
nature of the chargn, the most serious
known to our criminal law, it becomes
all tbe more your duty to weigh all tbe
testimony with great caution, with tut
regard to any possible fooling outside,
and without a thought as to whether
your verdict will strike popular senti
ment favorably or unfavorably, or shall
evtike favorable otmmeut or otherwise;
but with the sole object and purpose of
arriving at the very truth of Ilia issue.
If the defendants are found guilty it must
be on the evidence alone.
Were James and John It-tddy at the
Iterkey h hiio on tho night of June U.
Is!:. Are they the two men who tortured
nud robbed tho deceased? If the evidem-e
satisfies you beyond a reasonable doubt
that they are tho guilty parties it is your
duty to say so by your verdict, reird
lest of the ct;n:fuein:jt l lh.?;ii which
may follow. Ituriug the ouru of Uu
arguments counsel have expre-tsnd their
views as t-t the propriety of e;:t il pun
ishment. This is a matter which you
ueod not aud should not consider. You
have nothing to do with tlu penalty
which may fitdow a c i:i i. tion, but are
sworn to determine the issueof fact alone.
Wo do not propitso to rev iew tho testi
mony ia detail. It was argued exhaus
tively and with exceptional ability on
Uth sides during the sessions of an e i
tiredty. I: is iii trs:ri qiit) familiar
to you and freh iu your recollections.
Hut in brief, the thuory of the Common
wealth is that ths def j.id itit-i, with ltiou
ard Jackson, planned this rob'uery some
time in advance; that ta.y went out int
the vicinity of It.trkey'a resilience the
week proceeding aud on tho 2kb, -7th aud
JSth of May, pissed about tho uoighbtr
liood, locating their victim an 1 prepar
ing for tho commission of thec-iino, and
that their visits of lb. mo days wore but
preliminary steps tt the act of June - 1.
A number of witnettoi appsare I who
testified to seeing throe prstn in the
vicinity on tho days m mtione 1 in Mty.
as well as ou the '2 1 of June, and, under
took with more or lets certainty, to iden
tify the defendants as two of them, and
Jackson as the other, some being ni tre
positive in the identification than others.
Besides these witnesses ymi have also the
testimony of Mr. Berkey, who was in
the bouse when tbe burglary and rob
bery took place, and wbo also undertakes
to identify the defendants.
Then there is the dyiug declaration or
statement of David Ilerkey, which was
read in your hearing, in which bo ex
pressses tbe belief that tho defendants
are tbe guilty parties. Two witnesses
were also called wbo claimed to have
seen the defendants on tho morning of
the 3d of June along the It. A. O. lUilroad,
about the OsUirne cut, when, it is argued,
they were returning to their borne. You
saw the witnesses on the stand and heard
them explain how and why they identi
fy the defendants, and will judge of the
value and sti tliciency of their testimony
for that purpose. We will only add that
this charge must stand or fall, as the
identity of tbe defendants with the per
sons seen on the road aud at Ilerkey's
when tbe crime was committed, is prov
ed or fails of proof.
The defendants positively deny that
they were then, or at any other time lie
fore, iu Faint towuship, and deny all
knowledge of, or complicity in, tbe bur
glary. Tboy say they never knew the
deceased aud were never at bis home un
til taken tbore by the oflicers after their
arrest. Kven if it should be believed
that they were there on the 27th aud 'sth
ol May, it would uot follow from that
fact that they were there also on'the 2d of
June aud participated iu the crime for
which they stand indicted. But the evi
dence as to those two days was olfered
only as it boars ou tbo nature of their
errand and the probability of tboir return
tin the 21 of June, and for tho purpose of
i.lenti.Valion. In addition to the vosi
tive denial of the defendants, they set up
what is known in law as an alibi, which
means, in plain terms, that when the of
fense was committed t!uy wero else
where, and could not, therefore, have
doue this deed.
That defense, when established to the
satisfaction of the Jury, is as conclusive
and complete as any that can possibly bo
interposed; for a man can not, iu the
natnre of things, be iu two separato
places at one and the same time. If on
the evening or night of June 21 the de
fendants were iu Morrellville, as they
say, it is manifest they could not have
lieen at Berkey 'a aud are necessarily inno
cent of ibis charge. You beard their ex
planations of how they speut the day of
the 2d, going from their home up to
Johnstown aud returniug in the after
noon about 4 o'clock, of the persons
whom they met ou the way and in Mor
rollville during the evening aud that
night, and of their finally retiring and
sleeping at their owu borne that night.
A number of witnesses sustain them iu
their testimony. George Carpenter ami
Harry Doughlas speak.of seeing them
about 4 o'clock near the I. K. 1C
bridge, going in the'direclion of Morrell
ville. Mr, ltoddy, Mrs. Lightner, Mor
ris Roddy, Mr. and Mrs. Arnold, Mrs.
Green, Mrs. OveidorfT, Mr. and Mrs.
Dixon, A. J. Leonard, and others say
they saw them in Morrellville during tbe
evening and night of that day, while
Kobert Hill says John worked in bis
mine the next day. If the statements of
these witnesses are believed, they would
seem to make out a complete alibi.
Their credibility, like that of all wit
nesses in the case, is for the jury. If
there are discrepancies in the testimony,
it is your duty to reconcile them, if you
can, on such theory as will sustain tbe
integrity of all tbe witnesses who are in
conflict. If that ran not be done, you
will consider what opportunities the sev
eral witnesses had of knowing, fixing,
or remembering the date and the facts to
which tbey testified, and on all the evi
dence determine wbo is to be believed.
In setting up the defense of an alibi the
defendants introduce a separate issue in
to the case, and assume the burden of
. . . .
A Man
HENRIETTA, 10 styles, the price
anirc di rururn irerc ..,nik
making it out t the satisfaction of the
jury. Practically all the testimony ol
tbe defense is directed to this issue.
While it applies to the 27th and 2sth of
May, as well as tbe 2d of June, it is su Hi -cieut
if it completely covers that portion
of the night oi the 2d of Juno during
which the crime was committed. For if
the defendants wei i in Morrellville
while the crime was being perpetrated,
they could not be convicted for baing iu
Paint township or at Borkey's ou the
previous days. In determining the alibi,
therefore, such tcstim my ou both
sidea es relates t-t the afternoon, evening,
and niht of the 21 aud morning of tbe
3d of June should be considered.
The valuo of testimtuy dopon ls in
some instances on tho ebility of tho wit
ness to fix salisfictorily the date in ques
tion. Cert tin witnesses nought to tix datct
by associalin; there a'ith othor events
which woro known or were lixl by
links or ptp-trs. Bit after all, such
proof, or association of ono fact with an
other, deptnls on tho memory of th't
witness as t wholhor th) fi-t in issue
Ui I in I jc.I h i;;t.M ou Cut sun t day as
tho admitted fu -t.
The defendants having testiiitsl in their
own Imhalf, tho Commonwealth put mi
the stand a number of wilne-ses to im-ieat-h
their character f r vera rity. an.l
they sui.i it was not god. U is proper
that we should auy such proof docs not
necessarily thro v th t testimony of th-
ttefeudauts out of tho cas t. You aro still
to consider, in tho light of tint proof,
whether they testified truthfully or false
ly in the rase. It goes to their credibil
ity, and it still remains for you to say
hov much importance shall be attached
to their testimony.
You have locn repeatedly told that no
conviction can be had if, tui a con-idcra-lioti
tif all the evidenco including that
relating to the alibi, there is a reasonable
tlotiM of the guiU of tho defendant; and
such is the law. The presumption of in
nnceuce must prevail unless the evidence
removes every fair and reason iblo doubt
of guilt.
It must not, of couse, lie a mere cap
tious doubt, but such as y.Kir judgment
throws into the solution of the question;
a doubt which springs from the evidence
submitted, or tho lack of cvidem-e; a
doubt which touches you conscience and
which your reason rcpects, which, after a
fair and candid -effort to resolve it and
clear it up by the other evidence submit
ted, continues to cloud your judgment.
Counsel for defendants request us to
instruct you further as follows:
First That under all tha evidence in
the ease there could be nt ctavictioti of
the defend tuts, or th t parties wht ac
tually ctrn-nitte 1 tha a"t of cruelty on
Divid iWkey, of niurdtr in tho first or
seetnd degree
Answer -After w hit we have already
si. y.t-i will nu lerst.md that this point
must bo refused, and it is refused.
Second The defendants are prwumed
to le innocent of the critu-- with which
they are charge 1. and this presumption
stands as a shield of defense until it is
overthrown by evMenee on tho part of
the Commonwealth which establishes the
guilt f the defend mts leyond a reason
able doubt.
A ns wcr A fli rine-1.
Third A reasonable doubt is that nt.ito
of the case which after the entire compar
ison and consideration of all tho evi
dence, leaves the minds of Ihe jurors in
that condition that they can nt say they
feci an abiding conviction, to a moral
certainty, of the truth of the charge.
Answer This is the detiuitiou laid
down by Chief-Justice Shaw, in tbe cele
brated case of tho Commonwealth vs.
Webster; has lieen frequently approved,
and tbe point is aflirined.
Fourth Iu criminal cases like this, tho
burden of proof never hhifls, but re.is
upon the Commonwealth throughout,
aud if the evidence offered by tbe defense,
tending to estublish an a!ibi, in conjunc
tion with a 11 the other evidence in tho
case, leaves uimiii the miuds of Ihe jurors
a reasonable doubt of tho guilt of tho de
fendants, the jury should acquit.
Answer A lliruied.
Filthy tbo atrocious nature of the
crime charged and the cruel torture in
flicted upon David Berkey must not bias
the miuds or warp the judgment of the
jurors to the prejudice of the defendants,
but the fact that a crime of such high
grade aud atrocity is charged upon the
defendants requires the Commonwealth
to produce proof of a high and convinc
ing character, upon w hich tbe minds ol
the jury can safely rest, before a cou fic
tion can be bad.
Answer A lliruied.
Sixth Before the jury can render a
verdict of guilty agaiust the defendants
the jury must be satisfied beyond a rea
sonable doubt that the wbole of the evi
dence in the case excludes every reason
able hypothesis except that of guilt.
Answer A lliruied.
Seventh As the theory ami evidence
of the Commonwealth tends to establish
the fact that if either of the defendants
participated in the burglary and torture
of David Berkey, then tbe two defend
ants; antl Richard Jackson, wbo is joiued
in tbe indictment with the defendants,
were associated iu the perpetration of the
otfeuse, therefore if tbe jury find as a
fact from that evidouce that an alibi ha
been established by either of the three
prisoners, such alibi inures to the bene
fit of the other defendants charged in the
iudictment with the coiumbtaiou of the
We affirm this point, and say
that it does inure to the benulit of tbe
other defendants; and, further, that it is
not necessary to establish au alibi for all
the defendants, because au alibi made
out for the two on trial is sufficient.
Kighth Evidence as to identification
given by tbe persons who only saw the
accused on oue or two occasions, and wbo
had no previous acquaintance with them,
aud wbo did not see them (inr ten days
or more after meeting thotn on tbe road,
is not of as p.witive and conviitcing char
acter as that of persons wbo wers person
ally acquainted with the accused.
Answer This amounts to saying that
persons who best know an individual
can best identify him, which can not, of
course be questioned. The point is af
firmed. You have never been called to tbe per
formance of a higher or more solemn and
responsible duty than the decision of
this issue, and we have no doubt you ful
ly appreciate its gravity ami will disc-barge
it in a manner which your tvm-
In Our Window.
TAKE A LOOK
P
mm
....
ir .,,( ...i, .nil TWfl vrCTe
35 cents each, we sell TWO VESTS
sciences will always approve. If a fair,
impartial, and uu biased consideration of
all the evidence satisfies your minds te
yond a reasonable doubt that these de
ftndanU committed tho crime charged
against them iu the iudiftiueut, your
verdict should be guilty of murder in the
tirt degree; if they did not, it should be
simply not guilty. If one is guilty and tho
other is not, your verdict should bo mod
ified accordingly.
Frttty Horn Wadding.
A pretty home wedding was solemn
ized at 2 o'clock Thursday afternoon at
tho borne of the bride's parents Mr. and
Mrs. Michael Kifer on Kat Street. The
high contracting parties were Mr.
V. u.. . ira ii . .. -" . v . .. -. , i
and the ceremony was performed by
Kldr William Mullendore of Ihe Disci-j
plo church. A uuiiiIkt of the m-wt inti
iiMto friends f the bride and groom wero
present and following the wedding ban
quet accompanied the happy young
I couple to tin railroad station, where they
j showered rico upon them jiiit as they
j were entering a n rtli-luii.l train, nn.l
' cast the traditional "g.to.1 luck" old shoe
after tlimn. Tho bride was one of the
ni'ift popular teachers in tho borough
public nch'Mils during the term recently
closed, while tho groom is a well-know n
employe in Kantner's Waoilen Factory.
Mr. and Mrs. K inert returned home
Monday afternoon and have gone to
housekeeping in a handsomely furnished '
resideneo at K. miner's Mlatiou.
Esceat Death.
John Manges, Sr., a highly respected
citizen of Shade township, die. I at bis
homo on May 2s, lt7, aged "I years, 11
months and Hi days.
lie was born in Shade tow n-hip, and
wbeu l:t years of ago his parents m.vrd
to the farm on w hich he lived until the
time tif bis death. He was married to
Mine Sophia Seese in lNio, and to this
union there were born 11 children, two of
whom are dead. The living are: Mary,
wife of John W. Zimmerman, of near
Stoyestown: Sadie, wife tif Hulbert Mes
senger, of Salem, O.; Jacob I., of near
Scalp Ijevel; lizzie, wife of J. C. Wal
lace, of near Keitz; John G. and A brain
F., who live at home; Kate, wife of
Frank B. Good, of Johnstown; Beliecca,
wife of Jacob Wonders, of Johnstown;
Henry W. and Charles A., who also re
side in Johnstown.
Deceased was one of the ihomI highly
esteemed citizens of Shade township and
his death is sincerely regretted by all of
his ueighbors and friends.
.
Augustus Schweis, a well-known one
armed veteran of this place, "cnwed to
the other side" at an early hour Friday
morning, aged 71 years. He was born iu
Germany and served 9 years in the army
of bis native country. When 31 years ofage
be came U America and soon afterwards
lik-ale- i" "ur"et, where be uiarticd
Mr. linger Auiuan. One child, apromi
i'i son was born to them but he died w ben
! years f age. Schweis enlilttl in tbe
Federal army at tbe outbreak of tbe war
and was a member of the l'.Hh Infantry,
IL A. At the battle of Chicamauga be
was wounded in the left arm and after
wards captured by the Confederates. His
arm was amputated several inches below
the shoulder by a reliel surgeon. After
wards he was exchanged and returned to
Somerset. The funeral took place at
(col) o'clock Saturday evening and was
conducted under the auspices of It. I.
Cummins I1 G. A. K.
SAO CASE OF 87ICI3E.
Kobert S. Kuhn Shoots Himielf at Ligonirr.
Wat to Hits Bea Married Yeturday
to a Hooverivills Young Lady.
Lioomf.r. Pa., June". On tho eve of
hi wedding day, Robert S. Kuhn, form
erly a prominent attorney of Pittsburg,
am I a mail ptMsewsing considerable wealth
committed suicide iu bis room, at Frank's
hotel. Shortly before 8 o'clock ibis even
ing be called a porter to briug him wiine
water. When the man returned he found
the door locked, and could get no re
sponse to his relocated knocks. He re
ported the t-inrumstances at the office,
and it was decided to investigate. Ku
trance to the room was secured through
m window and Kuhn was found lying on
tbe Hour dead, a bullet from a revolver
mill clutched in his band, having entered
bis brain, just aliove the right eye.
Kuhn has been living in this vicinity
about 10 years, making his home with
Samuel Leasure.of Hooversville, Somer
set county. Ho was to have married leis
ure's daughter, Minnie, to-morrow, and
came here to-day to draw yloO from the
bank. He secured tbe money and stop
ped at tbe hotel for supper. While there
be appeared to !e in a pleasant frame of
mind, and talked cheerfully to bis ac
quaintances. He was about 40 years of
age, and it is said was worth from f7.1.000
to f lon.un).
- A letter was found in his pocket from
the young woman be was to marry, dated
last Saturday. In it he is advised not to
worry, but the contents do not indicate
what might have been worrying hiiu.
llis will was also in bis pocket, and it be
queaths ,0"' to M innie I .ea.su re and the
balance of bis estate to his brother, Rev.
John K. Kuhn, a Presbyterian minister
at A 1 too ii a.
Oil Faiating Free.
Messrs. Shepherd A. Kuykendall will
ou Saturday introduce a novelty at their
popular store that promises to attract
widespread attention. The novelty is noth
ing more or less than a ten days' engage
ment of a proinineut artist who will
paint pictures ou canvas in their show
window. Tbe pictures will be done in
oil and one picture w ill be presen ted to
every customer who uiakea a purchase to
the amount of f I.0U. Shepherd A Kuy
kendall have, also, arranged to furnish
frames for the pictures at wholesale rates,
which will make tbe cost only a trifie.
Tbe artist will be here from June 12th to
June 22L See display ad. elsewhere.
Bodnood RaUs to Fitubnrf .
Account of tbe meeting of the Junior
Order American Mechanics at Pittsburg,
the B. A O. will sell excursion tickets
from all poiuts on its linen east of the
Ohio River at one single fare for the round
trip for all trains of June 11, It, 17 and Is,
valid for return passage until J uue 20, inclusive.
JO
lb
fx "Jfi
for
Shepherd &
Ths Circes 5cxt Koaday.
John II. Sparks' big one ring 2 cent
circus will exhibit in Somerset. Monday
afternoon and evening. June lllb. This
is tbe largest and lrfl 2o cent show on th
road, traveling in their own special cars.
The tin enl troops of performing PonieM,
lKgH, lioats anil Monkeys of any fcbow
on earlh.are to be seen with Spark's New
IL It. Shows together with a line acrobat
ic performance and a grand free ltll-n
ascension will be given from tbe show
ground at 2 p. tn. Iton't miss it.
. s -s
Try Graia-0 ! Try Graia-0!
Ask your Grocer to-day to show you a
package of GRAIX-O, the new food drink
that takes the place of coffee. The chil
dren may drink it w ithout injury as well
as the adult. All who try it. like it.
GKAIN-O has that rich seal brown of
Mocha or Java, but it is niwlx from pore
grains, and Ihe in. t delicate stomach re
ceives it w ithout distress. I the price of
coffee. l.V- and 23 cts per package. Sold
y all grocers.
Saecgibaad Festival.
Philadelphia.
The B. .tO. will sell tickets from all
points tin its lines e-.tt of Ohio river, for
nil tr.tins June VJ to 'Si, inclusive, valid
for return passage uutil June Ji, inclu
sive, at rate of one single fare for the
round trip.
For further information, call ou near
est B. A O. Agent.
Ion'l think becaii'se yoti are i k and
nothing seems to give you relief th;it you
cjm't bo cured.
There must lie a euro 6ir yon some
w hero.
If your doctor can't cure you, perhaps
be has mistaken the cause. Anylnsly is
liable to make a mistake somet inies.
Oue in thiee of us sutler from indiges
tion, and one out of three dyspeptics
doettu't know it. That is, be may know
he is sick, but he blames it to something
else.
Indigestion is the cause of half of our
dangerous diseases.
Shaker Digestive Cordial, made from
tonic medicinal roots and herlw, is tbe
moil natural cure f.r indigestion. It re
lieves the symptoms and cures the dis
ease gently, naturally, efficiently, giving
fresh life, strength aud health to sick
dyspeptics.
At druggists. A trial bottle for 10
cents.
At a teach!-' examination in Iiecatur.
Indiana, last Saturday, tiefore the county
superintendent. ICovillo Shearer Ihe 12
yt ar-ohl son of William Shearer, success
fully pasncd, and vu awarded a license
lo teach.
ANNOUNCEMENTS
KR THE
Republican Primary Election.
Tv t!it K'litur of thr -,m,-rrt lml'l .-
Yon will pltvse announce the following
ruiiutsl siitlenx-n as atii.ita'e for the vii
u t.iti.-, itesiinutU'tl, "'e K"kublicau Pri
mary Kltvtion, to be h.-M on
SATURDAY, JUNE 26, IS97.
It. M. RKRKI.KY.
t'huirnmn Itrp. t'n. Coin.
for lr rc-'i-,
-V.I .VJ-SiVW SHOEMAKER,
( Somrrm t Tuirnxfiij).
Sut.Jis-t to the derision of the R. puMl.itn Pri
mary Klet-tion, to be held rs.tturd.iy,
June ffl, ItT.
'or Jury f miij.suMi-r,
EPHRA IM VOL EM AX,
Of $Htfrt I Tutriwhip.
sulJis-t to the division of the K.-iu!llotn Pri
nuiry tkviion, to lie held Saturday,
Juue JK, !;.
" lk-riptc lo Stttte 0sivsi',
AL IK MILLER,
Of Ritcktrnnl lUtnniyS.
Sul.jert to the" division of the R'pullir:tn Pri
mary Kits-tion, lo be held .-vtturj.iy,
June at, is: .7.
for ltrlt'tj-ite .suc Conivmiwh,
J. 11'. MOSTOLLER,
Of (J't iiuihonhtj TtM'iuJtip.
ttul.jis-t to the dts-lsion of the It piillif.in Pri
mary Kits lion, to 1st h-ld Httiurdity,
J uue Ji, k7.
for Vfiufc to Sute ( Vmivmkm,
JAMES M. fOVER,
t f Sutttrrm t Eoronyh.
8ulJcrt to the dis-islon of Ihe Republican Pri
mary KhviIimi. to lie held sMIurduy.
Juiie'-M, 17.
ricK.
Notice la hrrtl.y riven that the undersigned
has tiutdeaiplititltoa U Hie sss-rrtjtry ol ln
Wrnal All.o.s for a warrunt kirk tntt-l tf un
improved luud situate In Huminlt lowuship,
ioiiierst rounty, IVnusylvsnia, adJotmuK
Ui nds of Lewis Meiiuliiuer and Jcol lireni-
ser on the east, and Khut-k, now llernutn
bristlier on tile south, Jum pit 1'brimiM-r uu
the west, aud Julia IstrcUty on the ni.rtn.
JitrtlAU woY.
May l lst7.
UDITOK'S NOTICE.
I ii re estate of A letander C. Msre, der'd.
The nndersiKued auditor, appolntetl hv ll.e
Rroer authority lo distrtbuto the funds In the
aud of th admlnlslntlom, to and siiioiik
those legally eutitltsl Ihervut, hereby ietvNuo
tiee llml he will sil In bis ultm In fHmers, t,
lit., for the Hirvwe of alUrndinK to the
il lilies of aatd appointment, on fuuUiy
July H, IsyT, when and witero all purtit-s iu
Uresksl nuty MlU-d.
C. W. WALK Kit,
Auditor.
TXECUTOJW NOTICE.
ksbtte tT Peter U'elnier, lute of Allegheny
township, soiiirrarl cutioiy, fa., dee d.
IIU-rs testanientitry on the above estaU
having hern Issued by III proper authority to
the nuderstgrKsJ aa executore of theabovs esv
utte, notice is hereby given to all pnrUca In
debted lowld estate to nut Ice iiuuieUlale pay
ment, and all paruen having t-utiiua aguiosl
mid eslHte will present Ihem duly suluenlt
otetl lor aetlleiiienl at the Into residence of
aid dtvouied on Mnturxlsv, Isth June, l.syT.
HKNKY WKI.MKK,
Juli.N M. WKIMKK,
11th May, V7. Kxm-uIots,
OHIO SAWED STONE.
I have decided to handle the Ohio Hawed
Paving Stone this wasoit. All person wish
ing a nice, good pavement should let their or
ders now. Orders can be left at W. r. Bhaf
fer' Marble Works.
JEREMIAH RH0A0S.
SomtrM fa.
leg
TEN DAY
t9
DISPLAY &
ree
t
...4. T
Kuykendall.
9
-or-
Valuable Real Estate
Mineral Lands.
Hy vlmi- of an allns onler of mle Issued out
of the Orplians' Court of Soinerset ruuty.
to the undersigned adrnlnl-trttorof Jotia
1 hnnham, Ute of the U.rouifli of Weller
bury, rou nty and shite aforeaiiiil, dee'd. dlreet
el. I will urterat public sale. In (he borons n
f Wellersbunr. ishibtwi cisiniy, 1 , In front
of the old store room formerly ss-tipied by
wild John K. rirlnham, now John Kectitlg, ou
SATURDAY, JUNE 19, 1897,
At I o'clock P. M
the following desrrits-d Taluahle real estate
and mineral lauds, vu:
Nik I. A certain lot of ground situate In
Weilershury Isirooirh. mierst nHinty. fnt
tf reiinsylvafiia. aljliiing lands of August
Bens, lel-ever t v land, Jaeoh ll.s-lu.l-tler's
heirs, and others. rtMitionlng one and ofi
fourth . I',, a.-rvs iiKire or res.
No. i. The undlviilisl one-half interrst in a
eert.'iln Intel of land silu.ile in Hmii: liitnipioii
township. OHinTy and .-simile at'.resu!d, i.hiiiii
ine laiiils of the iiiers.-l Iron A Owl to;
l-Kevi-r I 'ik. land Alev rtanlc and tHlM rs,
rolit:iililli'4 seven at-res Illort or lea.
No. :t. The un.llvnl.il ime-half interest In a
rvrt.mi tnet of Ihii.I, m: Uiile as afitresni.l. ud
joiiimg binds of J:usi Siiy.-r, Valentine
li'.nkle, AieX I'lunk aud olliers, colltailllllg
three and onc-luilr i4i at-rvs utor or less.
Nii t. The indivi.l.srone-ha!f Interest In
rertiiiii t rsi-l f ltid situ-iteas aforvMii.l, a d
Joimiig limits of John A. Snyder s heirs, A.
W ilnio! it's li-irs, !s.ni.rs. t t'aml A Irou I'o.,
an 1 olliers, eoiiLa.iuiij; llnrty a" res mora
or less.
N. -V The uii(iiv!dl one-fmirth InU-n-st
In the mineral of a certain tmrt of Lit:. I. i:u
ate as aloresuid. a.!j'MlilTig lumls of the sstn
eriel t'irii ft Irou t't . and t!.i-i-s. ronLjinli g
four humln-i and t.fly t n. a r-s more or I. - s
No. . The iiiiueral r1i;lit In a certain tmrt
of luud. fituate as afn vild. atijoinltitr lanus
of W . Lancaster, Alex I'ianK aud others, con
taining one hundnsl and twenty-five (l-'"l
acres more or less, known a ttie Valentlii
iluikle l.-j.L
No. 7. The nndivlded one-half Interrst in
the mineral ri-iit in a evrtain trtt-t of Uti. I
stluate as afoiesuld. atlj.Hiimg lauds uf KII
Siiarfer. t'hrisll:n t.ni;!.-. Junos Thomas and
others, coiilaimiig one buudn-d ami filly tl.o
acres more or less, kuown as Ihe Close tract.
No. . The undlvl.leil one-fourth Interest
tn the mineral rigid of a certain iru.-t of Un.l
situate as afon-suid. atljoiuiiig lands if J.is-t.o
i ttl, tieorge J. IrU-khari, Am lion y tieU and
others, rotttalning eighteen - Is. acres more or
les known as the ls-nni Wilt tract.
No. f. The undivided one-tenth Interval in
the mineral right In a certain 'ntet uf lan.l.
situate as aforesaid, adj.Hiiing landa of Jerry
Wingert, LeKever Cs.l ljn.is and others,
containing si My ii) acres more or less,
known as the Jofin tt, Jones tmcu
All uf these lands are underlaid with Tn'.u- 1
able minerals, nal, iron ore, tire clay, aiumi
nuni and other miuemls, kiniwn lo abound
In paying quaiililies. They are easy o ats-esa
to me iikiraet, tHily alsmt thr mile from
the CumlierUnd aud I'enu'a Kailroul, witn
an old nsid partly built. a'sMit 7 nines fiout
thelt. kt. KatlrtiMd, and only t miiea front
the MimiiiI rssvage I" ire Brick Works, of the
I'uioo. Mining Co.
TERMS :-
"Cash on day of sale.
Any information desired c-tii be had hy
wnting the admiuistralor, Smirrst i, Pa.
J. I l-ft.ll.
Administrator of John K. Hnunam. dts-'d.
A
DMINI.SriiATKIX'H NOTICE.
Kstatrof John A. Kaylor, late of Jennertown
borough. Sotuerset rouulr, la,, dee d.
Ls-tters of admin'stration on the above es
tate hav lug beeu grained lo Ihe undersigned
by Ihe proper autuonty, notice is hereby giv
en lo ail persons Indebted lo sand estate lo
make immediate payment, and those having
claims against the same to present them duly
authenticated for settlement, on Thursday,
July I. IsstT, al lite late residence uf the dec:d
Iu said borough.
MAUY K KAYLOR.
Kred. W. Bieseeker. Adiuiuislratrlx.
Attorney.
DMINITILXTOIiS NOTICE.
Estate of WillUin It. lU nn. r. Utte of Momer
sel borough, deed.
Letters of administration on the above estate
having beeu grained lo the uuderslgned by
tne proper authority, notK- Is hereby given to
all persoos IlldebteU to said estate lo make,
immediate payment, and thvne uavtngvUuius
against Ihe same to present them 3aly au
tiienlicaled -lor S.IU1 nient, at the ottlr of
Cott rot h 4 Kuppel, in Stmierset borough, ou
r'riday, J uue Is, i-s-7.
NANNIE B. HENNER,
W. MKuAHAN.
Administrators.
DMIXLSTUATOIVS NOTICE.
Estate of Archibald Bird, d.s- d.
letters of administration having issn gmut
etl lo tlie undersigued by Ihe properaulhomy
of the above estaU-. notice is hereby given U
all parties having claims agitliisi said estate U
pn-s i.t lliem pr.p rly autheiiticutcd lor pay-ua-nt,
and all parties owing said estate will
make mmedUtte payment of Ihe aiiMHiut to
Ihe Admiuistralor at the late rvsidciiee ol de
reused in Adilis-ai lowuship, on rtaturday.
July a, l.s;C, al 10 a. iu.
W. A. BIRD,
"uvaser. O. Adiuiinstralor.
DM I X IST11.VTRI XS NOTICE.
Estate tf Alexander Koms. tale of Jenner
township, somerset eouiity, fa-, dee'd.
Letters of ail ministration on the alwve es
tate liaviug la-en gntntetl 10 the undersigned
by Ihe proper auliiority, liotiee is lH-reby giv
en lo ail persona Indebted lo said estate to
make Immediate payment, and those having
rlnims against the same lo present litem duly
antheuiK-ated lor aetlleine .1, on rrnlay.
July i ISt.T, at tlte realdeuee of tlie deceased
In said lowuship.
BELINDA KOKNS,
F.W.Blesecker. AJ"""llrt'. -Alton
uy.
YL'! NOTICE.
Estate of Joliu MwelUer, dt'd.
Tlie undersigned auditor duly appolntisl by
the proper authority to d 1st n lime the lunus
lu in umixIs of U. W. H ill, executor aud
trustee of John bwettxer, dec d. u aud amoaig
those kttally entitled llverelo, hereby gives
notice tlial he will sil In hut oitl.-e, Iu tue bor
ough ol (Somerset, -a k.r tne purpiaat of at
teiiuing lo the duties uf said apisantment, ou
Thursday. July a, svT, at 10 o cl.s-k a. ui.,
wheu aud where all parties Interested may
attend.
UfEUS MEYERH.
Auuit4r.
A1
DITOIt S NOTICE.
In reesutteuf lrter 1). Mllier. lule of Ureen
vllie township, dee'd.
The onderslgned. duly appoliited by the Or
phans' Court uf fviioersel county, auill
tor, todlslribute the runda lu the hands of the
executor 10 and among those legally enti
tled thereto, hereby gives notice that be will
attend lo Ihe duties uf his appuiuiment uu
Wednesday, July II, LtsT, at uu o'clock p.
m at bis ortlce in Momcrs, t borough, wheu
aud where all parties lntert-ste,t niay attend.
OKO. H. Mt' l LL.
Auditor.
YUDITOHS NOTICE.
In re estate of Mumuel R. Critchneld. der'd.
Tlie undersigued auditor appointed by the
proper authority to distribute the minis
in the hands uf the administratrix lu
and among thuse legally eutilled there
to, hereby gives notice that he will ait lu
his oltlce in I lie borough of Momersel
fur Ihe purpiste of at tend lug to the duties
if hta appotuluicnl.on Weilneaday, July 7, V7,
when aud where all parUes luiemted may
lleud.
C. W. WALKER.
Auditor.
UDITOICS NOTICE.
Ksuteof Henry Landia, dee'd.
The undersigned duly appointed auditor to
make a distribution of Ihe fund In I tie hands
of Istlllel J. Brulatker, surviving exeeulur uf
Henry tndls, der'd. lo and auioog those le
gally m II tied therehs hereby gives notice lias I
lie will attend 10 the duties of his appuint
menl at hia otnce,on Thursday, June t tV
w hen and where ail panics uilereated m
attend. '
H. Is BaXr,
Audi ior.
o
it