JUL Somerset Herald. rue 1S27. - of Publication. Ac wry Wednesday momlnf at pK k if Pld ln dvw, oUierwi. V4'1 op. FotmaU D cr-"- M wUeo .uteulban do oai w0t - wai I bold mpouHbto lnpUoa. BOKUBKT, PaV PUBLIC bomerMt, fr. T--! ..ins"1" ....... . . . ' iUi now- auc. UU .Wi--- bouienet, I'a. j. Court lloui. (iH- lllloburg, ha. 1 A.ff.1-AX-lW. AT'1" r.l-Al-lWli .1 - - Fa. .... v .ii. .1.1 l-uUk. . l i r A -AT-LAVC. i'a. kUurs. t, l"a. .1 1 i:t Ki.it. Pa. Conn I ii.NtY-AT-LAW, IT A oowcrbel, Fa. , -ouU A.LL, isoiucrat-L, Fa. l"tf ' ..... i lai-uaujoiiiiii IINt IUY. A- HAY- iiAVi-UAW. tlCi."i, Bouiurt, Fa. h.V-AT-LAW. ..i mi b m' ewi ea- lua,ac Uiu A Aii'-'i-'-Al"1- W, bumcnet, Fa. iWidWaatuMiK-Ni eutruMcd Ubi 1 IAXE.S L. l'L'Oil, 1 J Ailvi-t--AT-LA, stuinersel, ra. tttctiB Mammv-lii Liock, up nUiini. to- LjTn.-io'. iu ut!t;i.iiiiilui.auil aU kiwim .iu-uimm u iu jirownuie-i i. J. OuUfcKS. L- C CVUBOKN. LBUlOi i t-OLKUlO., AIlui0.ti-Al-UAW, tsouitrst'l. Fa. iJ. buMiin eiitrut-d to our care will be rja.uui uaimiiu.i aiU-uaed U. Colieo Uum.. lusmiwl. lHiiora ud ujoia. BiUiU. rvrjins sua couvrj-auciiuj II L BAEIi, 11, AiluliNKV-AT-LAW, bomcfNet, Pa. 'i pTti In iSuiirM-t aud adjoiuinc tutv Ail uuu euUuslca lO UUU WU1 Ibccivc jruu4l i.icii uuu. V Aiiuti.Nt.V-Ai-lAW, csouiereet. Pa. acs.&a eu.niu-d to tbiir care will be fpwC.ji.a j.uii-iua;i- iu-iiileu to- Ollioe K JUi Him tutxl, uppueite MamiuoUi ixiuieriiet. Fa. i?Sae oc Piri';. Blrwt, ti'jxit U. B. Cki il office. D5. P. F. .SHAFFER, mH.iA.N a 1 SURGEON, Somentetf l'a. lciiri Lis pr.f-ioiiai servici-s to Uie citi- j a !ui.rv. i ua Mtiuny. uilic comer hH. J. M. LUITHEII, IJ fdV;ciA. a.nuL'KGEOS, lltiu iro, Mir of lrut; Klore. J)S. H. S. Kl.MMELL, Ittirt his pr..f.vioa:il wrv-lues to the citi o; N.ujvrwi aii'i vi.uuny. I'uirt pro. t"i- rtjt.Tl mil Mliud l liLk of- J tj-MiMILI.KX, onJuic ;u ijtiiiistrj-.) ':i. iiU..u i.i the pnrTaUoQ "rii4.i,i fevm. Arliliiiul Mis lu. rt-d. --i t, Kirutu, ,ustn.-ur-. oflice r.lti U ii. lvi Ui'i (lore, Cru ua I'uU-iol Klrwrui. C. H. COFFIiOTH, Funeral Director. U Miiii Iiesidenoe, lVj-iot rL fUSK B. FLICK, L;md Survej'or -OlNGLNoINLEK. LUUe. Fa. 3 C; a I. ? $ 5 t ? S 5 ? "5 ? 3 C3 5" ?s - - z o o o r -5 5 3 o D C 5 S & lie VOL. XLYI. NO. fs Well GHildren tba.t"are not -very robust need a warming', buiUin g- and fat-forming food something to be used for two or three months in the fall that they may not suffer from cold. SCOTT'S EKlULSWfJ of "Cod-Liver Oil with Hypophos phites of Lime and Soda supplies exactly what they want. They will thrive, grow strong and be well all winter on this splendid food tonic. Nearly all of them become veryfond of it. For adults who are noi very strong, a course of treatment with the Emulsion for a couple of months in the fall will put them through the winter in first-class con dition. Ask your doctor about this. B tur you get SCOTT'S Emulsion. See that the un and fish are on the wrapper. All druggists ; yx. and S1.00. SCOTT & BOVYHE, Chemists, New York. THE- First National Bant Somerset, Penn'a. -o- Capital, 650.000. Surplus, S3O.000. UNO.iRcWs. S4,Q00. OEPOSIT RECEIVE ' IN L0E AN D SMALL AMOUNTS. PAYABLE ON DEMAND ACCOUNTS OF MERCHANTS. FARMERS. STOCK DEALERS. AND OTHERS SOLICITEO DISCOUNTS DAILY. BOARD OF DIRECTORS. CHAS. O. SCULL, GEO. R. SCCLI., JAMES 1 FUUH, W. H. MILLER, JOHN K. BOOTT, ROBT. 8. 8CULL, FKED W. BIE8ECKEB EDWARD BCULL, : : PRESIDENT. VALENTINE HAY, : VICE PRESIDENT. HARVEY M. BERKLEY, . CASHIER. The fondj and swcoriUes of th! bank are enrtly protccul in a celebrated Corliss Btjb olak Fkoof Sat. Tne only safe made abo lutely buiYlar-proof. T13 SomsrsEt Ccnuty KatloaaJ OF SOMERSET PA. V. EttibllsM Wl. OrjinlrWM.AiUMtl.1890 -O. Capital, - $ 50,000 00 Surplus & Undivided Profits, 23,000 00 Assets, - - 300,000 00 a Chaa. J. Earrison, - President. Wm. II. Koontz, - Vice President Milton J. Pritts, - Cashier. Geo. S. Ilarriaon, - Asa't Cashier. Directors Wm. Endsley, Chas. W. Snyder Jowiah Spocht, H. C. BetriUs John II. Snyder, John Stuff!, Joseph B. Davis, Harrison Snyder, Jerome StuflX, Xoah S. MiUer, Sam. B. Harrison. ro.mr. rf thin bank will receive the root liberal treat men tcKHwistt-nt with safe bankinif. Fartlea wliiiiR to end muuev eaxt or wt can be acwmiuodated by draft for any amount. . . . . fnl. Monev ana vaiue.nie. wcunm bold'. ct-icbiaUrU aales, aim moi uijiiut U?ililoni made in all part, of the Cnltod SUiU. Chargeii moderate. Account ana acpoaius kiukiwcm. A. H. HUSTON, Undertaker and Embalmer. A GOOD HEARSE, and everj-tiiinj pertalulnf to funeral, funv labed. SOMERSET - - Pa Jacob D. Swank, WstohmaVer and Jeweler. Next Door West of Utheras Church, Somerset. - Pa. I Am Now prepared to supply the public with Clocks, Watches, and Jew elry of ail description, as Cheap as the Cheapest. REPAIRING A SPECIALTY. Ail work guaranteed. Look at my stock Ufore making your purchases. J. D. SWANK. GET AN I EWTCATIO an ! EDUCATION S ain.it at the Cea i tral State rwial 3.k..l l.ark a I. 'iru- eli to MMnsmwiiniBu" ' " . . UMiema. J- .r ci n-u lai .rxl il i uJ- -"r. .... : .. .. Kxml awl HEHCIl & DROUCOLD'S BAN 33. 0XE GIRL'S SERVE. The Startling Way ia Whicli it Wat Tried One Pay.. BY MRS. J. I). BVKToN. ''Brothers are such a nuisance," bigh ed Nella. "Sid isn't a bad fellow, but he is in 8ufTerably conceited," explained Lida. "We can gt-t along with him, but Brian la the black sheep of the family, lie is not only a tease, but a terror. It's bad enough with father and moth er at home, but with tbem away " "And Aunt Janet is of no more ac count to keep thae boys in thau Lido and I, if so much; so the prospect is not a cheering one; but we are delighted to see you, and we will do the best we can for you, my dearest of girls." "If my visit is ill timed," hesitated Kileen. "It isu't, if you will put up with the drawbacks. It could not be better timed for us. Aunt Janet is no com pany at all, but she's an adorable house keeper, and we should be sure of a de lightful time if it only were not for those boys." Sid we s inclined to be formal and patroni Jng when he made his appear ance, though evidently trying to be agreeable. "So sorry you did not get here in time for the wheel tournament, Miss Wurren," said he, "I took part in it, yes, but I made no etrort for a prize, you understand. My idea of physical exercise is for all around development, rather than to excel in any particular line. I wish, Nell, you wouldn't inter rupt" as Nella cut in with "Brian won second prize and we were all there to cheer him" "or if you must inter rupt that you would not raise your voice to so high a pitch. I am sure you agree with me. Miss Warren, that 'a gentle voice isan excellent thing in woman.' I olinerved that you have a sweet, soft voice yourself, and I trust my sisters may benefit by the example you set them." "Sid is simply too lazy to raise his own voice," said Nell, resentfully. "If I hadn't any more interest in life than you have, Sid, I'd be a nice ladylike per son from your point of view, I suppose, but I'd rather be myself with spirit enough to shout wlien I feel like it than a bit of mincing affectation such as you admire." "Nell doesn't mean to call you a 'bit of mincing affectation' right to your face, Miss Warren, though she does it in effect," said Sid, slyly. "But here comes Brian, fresh from the baball match, I suppose. If you will excuse me, I will bead him off till he puts himself into presentable shape," and the elder brother sauutered away to in tercept the younger one, who was for breaking into the parlor just as be was, hot, dusty, disheveled, but enthusiastic over bis day's sport, and the girls could bear his vehement protests. "One girl more or lens doesn't matter. You're such a piuk of jierfection your self, Sid, that you'll do for both of us. I am not a dude, and don't mean to be one. Say, we won out on the last inning, after six straight knockdowns, very last swing of the bat made a base hit " and the voice trailed away into "short fly," "bad fumble," "beautiful throw," and otber mystic expressions beyond the girls' power to interpret, but Lida drew a long breath of relief. "He's in an angelic humor to let Sid manage bim so easily, I do hope he'll behave well, for this one evening at least." Eileen privately wondered what Brian's ill-humors might be like, if this were a sample of unusual amiabili ty on his part, but there was a hearty ring to his voice that she liked better than Sid's languid tones. She liked the frank, mischievous face of the lad, when he was presented to her later. ""Have you a nerve?" he asked, "Or are you just like others, fussing and fuming about nothing?" "Suppose you try me," said Kileen with a smile. "Oh, Brian, don't," screamed Lida and Nella together. "You don't know what you're inviting, Eileen. He is so exasperating with his miserable tricks." But Brian put out his hand with a gratified expression. "Shake!" he said, tersely. Eileen laid her soft little palm ln his, and started as something clinging and disagreeable to the touch was released in it. Another moment, and she was holding a rather uncommon beetle be tween her finger and her thumb, and regarding it with unexpected interest. "One of the noctilicae family and luminous in the dark, ia it not? I thought so. I have bad an interest in beetles ever since Sister Lu had a 'liv ing jewel' sent ber several years ago a Brazilian beetle, you know. It wore a little gold harness and waa fastened to a pin, and it would crawl over her dress to the length of its chain, and flash out of her lace like a real jewel; but the poor thing died after a few months, either from starvation or the change of climate, we never knew which." "Ugh!" shivered Lida. "How could she bear it? Do throw that thing out of the window, Eileen." "Don't!" ordered Brian peremptori ly. "Give it to me. You are a daisy, though, and I'm glad you've come. Don't you want to see me chloroform this fellow, and pin him into my col lection? Bring her along, girls." Nella and Lida exchanged glances of d'u-may. "His room Is simply awful," explain ed the older sister apologetically. "He storms if we attempt to clean it up; wants the spiders to build webs there, and has a tree toad trained to come in at his window. We tried to reform him once, when he was away for a week, by carting all bis rubbish out ud making his room as dainty as ours, and we've never heard the last of it." "Nor ever will, if you try th.ame again," grumbled Brian. He wa beginning to wish thatb? had not asked Eihen to come to bis room. It was a rough place, and there was bis baseball suit flung upon a chair and a heap of old shoes in a corner. There were oil pou on the wall, and a litter of otton and moss and glue bottle and wire on his table; but Eileen Somerset SOMERSET, PA., looked at none of these things, for there also was the tree frog on the wall dart ing out its tongue to lick in an unwary fly before it took alarm at the unusual invasion and scrambled down to the window sill, from which it hopped to a tre outside, and was lost to view. "A cruol boy a beetle caught And to the wall it pinned, oh! The creature moaned and cried aloud 'Thix.gh I'm stuck up I am not proud And the toad hopped out of the win dow!" misquoted Eileen, while Brian dispatched his victim and impaled it among its kind opon a huge card. There was another card filled with butterflies, and boxes and drawers holding a queer jumble of birds' eggs and nesU, with a few crudely stuffed bird skins, together with mice, and moles, and a muskrat, and it was the latter than Brian pounced upon a mo ment later, with the exclamation of despair. "Moths! They've ruined it, and the moles, too. How did they get in?" "It's more to the point to ask how we'll get them out," cried Lida hastily. "If there's nothing ruined but your rubbish we may be thankful." Brian himself was ready enough to sacrifice every infected object, but he was vociferous in declaring that Aunt Janet should not put brush or broom inside the apartuieut. "She stepped on my red lizard last time, and threw the jar w ith my little green snake in the ash barrel, and I never found it out till it had been cart ed away. You see, Eileen, all my pets are not dead ones. Here is a family of bumblebees in this box; just hear 'em hum." "Brian!" shrieked his sisters, recoil ing, but Eileen ieered through the wire netting of the box, a little shrink ingly to be sure, but with a sympathy that Brian was not accustomed to re ceiving. "Are you going to chloroform them?" "Well, hardly. I'll just keep them to study their ways for awhile, and then let them go. I don't kill things unless I want them as speci men i. It is a hole of a place," he admitted, as he looked ruefully about the room, "but I won't have you girls bothering with my things." "Put it in order yourself, then, aud let me help you," suggested Eileen. "It is a pity j'ou haven't a cabinet; your feathers and furs would lie so much safer if stored behind glass." Brian flashed ber a grateful glance. "There's that old bookcase up in the attic," he said eagerly. "I thought of it once, but there is always such a rtV -raised over my doings. Say, it'll be a frolic! I'll peich my birds on branches as natural as life, and have my black snake climbing up to steal an e gg from the nest. He was doing that very thing with Mrs. Robin in the tree here, when I gave him the tap with my cane that broke bis back. I wouldn't take a town lot lor that tr. There's mora goes on in it thau you could imagine." There was more to goon in it pres ently than Brian himself imagined. He had not explained that the black snake was a very recent acquisition so recent that the five-foot corl dispos ed in a wall-basket was not the stuffed form that Eileen believed it, but the dead body of the snake itself, which Brian bad killed just before leaving for the ball-game that day. The girls had no idea of this. They all Mil to work with a will, the next day, to carry out the plan for im proving Brian's room. Even Sid lent a hand in bringing the old bookcase down. If the "kid" would have all that disagreeable litter around, it would be better to focus it within definite limits than to have it ?own broadcast over the premises. The girls wen; ready enough to take their toue from Eileen. 'And besides," said Lida, "It will be such a relief to make space in his bureau drawers for his shirts and col lars, so that he need not stow them away under his lied or his washstand. He nearly brained me once with au armful of books that he piled on top of his closet door, standing it just enough ajar to hold them there. We had fuss ed so much over his heaping things on the floor, he said, and that was the only other place he had for them. Another time, we found his laundry bag hung on the bird-cage hook, out side his window. It was an airier aud more appropriate place for it thau the closet, he maintains to this day." Brian had given his word to play none of his practical jokes on the girls during the renovation, but they dis trusted his approach and shied away from him with a consistency bred of long habit. In one of these unneces sary plunges Nella upset the bumblebee box, displacing the slide, and In an other moment the air was full of bees, screams and rapid footsteps. Eileen was mounted on a step-ladder and could not run, though she found her self besieged by two or three of the buzzing insects, one of which became entangled in her hair. "Keep still," said Brian. "They won't sting you if you don't fight back. Oh-h-h ! Ugh-h-h !" Startled by the sound of the queer gurgle that ended his seuteuce, and disappointed in her expectation that he would come at once to her relief, Ei leen cautiously turned her head to be hold a sight that made her forget ber own smaller danger. Wreathed about Bryan's neck in a couple of tightening folds was a black snake the supposedly dead snake come to life again its long neck aud oval head waving wildly to and fro as Brian tried vainly to grasp and dislodge it Eileen cleared the step-ladder with one bound. "Oh, what shall I do?" she cried, "How shall I help you ?" Just then she caught a glimpse of Sid, reconnoitering the disturbance from the far end of the hallway, and tenanted to him wildly to come to their aid. "Nonsense !" said Sid coolly. "It'a only a trick of the kid's. You'll know bim better when you've seen more of him," and Sid retreated precipitately, flipping bis handkerchief at au angry bumblebee that had taken after him. But Eiieeu knew that this was no trlv?". The boy's face waa purple, and his eyrs were starling out of his head. His blind reaches towards that waving ueck were wholly ineffectual, but bow W-ia she to nerve herself to touch the ESTLBLISHlirD 1827. WEDNESDAY, JANUARY 26. 1898. repulsive reptile, even in such a crisis as this ! There seemed no help for it to Ei leeu's excited mind. She simply flung her apron over the snake's ugly head and forked, darting tongue, and grasp ed it close up with all the strength she could concentrate in those small hands of hers. It was enough, for with this help Brian soon disposed of the encir cling coils, and speedily put his snake ship beyond the power of doing further harm. "I wouldn't cry now, if I were you," he said coniling!y when he got his voice, "I hope he didn't bite you? No? Well, that's good. Oh, I don't mind my bites. A btacksnake isn't venomous, you know. Where in the name of mystery did the fellow come from, though?" "Why, I saw it curled up in the paper-rack there, where you had it yes terday. Was waa it alive all the time?" v "You goose ! This isn't my snake at alL I skinned mine last eight, I ought to have remembered that they go in pairs. This one must have followed on the track of its mate, and come in through the window, just as I dragged the other one in after killing it in the tree, and it found the very spot where the other lay. And I backed square up against it when Nell spilled the bum blebees. No wonder the poor thing took me in ita grip ! It was as much frightened as we were, and that was its way of showing it. But you are a nervy girl, and I am mighty glad you are," which was Brian's way of ex pressing his thanks. Eileen's visit, from the girls' oint of view, was a complete success. From that hour the boys could not do too much for her. Sid, bemoaning a bum blebee sting, suddenly closed his lips as he realized that she was sayiug noth ing alo at a swollen chuek with two vis ible punctures upon it; and if the one boy took a lesson in manliness from the girl's example, the other, ia a hearty desire to stand well in her sight, bent himself to correcting the rough man ners that had beeu the despair of his rieoJ-i. Free Pills. Send your address to II. E. Bucklen & Co., Chicago, and get a free sample box of Dr. King's New Life Pills. A trial will convince you of their merits. These pills are easy in action and are particularly effective in the cure of Constipation and Sick Headache. For Malaria aud Liver troubles they have been proved invaluable. They are guar anteed to lo perfectly free froiuvery deleterious substance and to be purely vegetable. They do uot weaken by their actiuu, but iy I.l. tone to stomach and lowels greatly invigorate the system. Regular size l!1c per box. Sold by J. N. Snyder's Drug Store, Somerset, Pa., and (J. W. Brallier's Drug Store, Berlin, Pa. Willing to Compromise. There Is a good, old story of a gener al whose death was auuounced in it newxpajier by mistake a circumstance which annoyed hint very much. He called on the editor aud demanded that a contradiction should be inserted in the next issue. "That, general," was the editor's re ply, "is quite out of the question. We uever apologize and we never withdraw a statement; but I tell you what we'll do for you. We' 11 put you lu the 'Births next week." Tit-Bits. State of Ohio, Citt of Tolkdo, I.ft-As Corsxv. Frank J. Ciiexey makes oath that he is the senior partner of the firm of F. J. Cheney Co., doing business iu the City of Toledo, Couuty and State aforesaid, and that said lirm will pay the sum or ONE HUNDRED DOL LARS for each and every case of Catakkh that can uot be cured by the use of Haxis Catakkh Ci rk. FRANK J. CHENEY. Sworn to before ma and subscribed in my presence, this Gth day of Decem ber, A. D. lsSi. A. W. GLEASON, seai.. V Notary t'ublie. Hall's Cahtrrh Cure is taken internal ly and acts directly on the blood aud mucous surfaces of the system. Send for testimonials, free. F. J. CHENEY & CO., Toledo, O. t-Sold by Druggists, 75c. Catarrh ii a Siseue Which requiresa constitutions I remed y. It cannot be cured by local applies lions. Hood's Sarsaparilla is wonder fully successful in curing attar rh be cause it eradicates from the blood the scrofulous taints which cause iL Suf ferers with catarrh find a cure in Hood's Sarsaparilla, even after other remedies utterly fail. Hood's Pills are prompt, efficient, always reliable, easy U tako, easy to operate. Wnere to Find It. Two sons of Erin sharing the same bed, as well as the same totrJe of whis ky, pat waited till he fotrud Mike slept, wlieu he quietly arose and emptied the bottle. Soon after Mike, watkiug, stole out of bed, and groping about in the dark, was asked by his companion: "Phwat are yex lookU.' fer, Mike?" "Oh, nothin'!" says Mike. "Well, Mike," says Put, "ye'il foind it over there in the corner ia the bot tle." Chicago News. Stop drugging yourself with attack nostrum or "cures." Ou't well known pharmaceutical remedy that will do the work. Catarrh and Culd in the head will not cajise suSertag if Ely's Cream Balm Is wsed. Druggist will supply lOo trial sire or 50c, full sue. We mail iu ELY BROS., 5tJ Warren St., N. Y. City. Rev. John Raid, Jr., of Great FdU, Mont-, recauimfnded Ely's Cream Bilm to me. I can eruph unze hw etat ment, "It Is a positive t.tire for catarrh if used as dir.cted." Rv. Francis W i'oole, Pastor. Centpl iret. Church. Helena, Mom, H JUDGMENT AFFIRMED. Supreme Court Befcues to Set Aside the Verdict in the Case of the Roddy Boys Under Sentence of Death. PULL TEXT OF THE OPINI05. Following is the opinion of the Su preme Court in the matter of the ap peal of James aud John Roddy, cou- victed of murder in the first degree, for the killing, or lavid Berkey, of Paint township: The evidence before the court and jury on the trial of the defendants in this case disclosed a murderof shocking barbarity aud as useless to the murder ers as it was cruel. It cpjK'ared that the dwelling bouse of David Berkey and his wife situated in Paint township, Somerset county, was forcilly entered on the night of the 3rd June, lSHs!, by two masked nen. They demanded money. Berkey and his wife were ta ken from their led, bou'id, beaten and threatened with deatli if they did uot at once tell the place where their money was kept. These modes of persuasion were supplemented by subjecting David Berkey to torture. Fires made by light ed paper and afterwards cand'es and a kerosene lamp wtre kept burning under Lis feet until he was so terribly burned that he died from his injuries within a few months. The murderers secured about one hundred and twenty five dol lars in money as the result of their hor rible night's work, and lifter feasting upon sueli delicacies as the house could afford, in the presence of their victims, they took their departure. So far the facts were not involved iu controversy. The burglary, the robbery, the burning which resulted iu death were none of them the subject of doubt or conflict on the trial. The great question about which the controversy raged before the jury was whether the defendants on trial were the jiersons by whom this succession of crimes bad been commit ted. The commonwealth alleged this to be so and gave a large amouutof evi dence tending to establish the allega tion. The defendants denied all con nection with the crimes and all knowl edge of them aud endeavored to estab lish au alibi. A large amount of testi mony was given in the effort to satisfy the jury that they were not guilty. The great question iu the case was over the identification of the defendants. The course of the trial, the arguments of couusel, and the charge of the learned judge gave prominence to thisquestion, and the verdict Is a determination of it adversely to the defendants. On a pre-vi'-'-.s trial, the same question bail txn contested, and with the same result. This .question of fact has Im n settled therefore by the proper tribunal, and unless the verdict may have been influ enced by some mistake of omission or commission on the part of the learned trial judge, it should 1 allowed to stand, and the defendants should sutlVr the enalty which the law affixes to tl.e crime of which they have been convict ed. The defendants allege that smh mistakes were couiriiited at the trial and hi. ve assigned seven errors to the rulings of the trial judge which we will eou-ider in their order. First: The first error assigned is the iirtion of the Judge in overruling the t halteuge for cause made to E. B. Maur er, who was called as a juror, and be was challenged peremptorily by the d ferula its after the challenge for cause had been overruled. I'pon exn niiuation on bis voir dire the juror stated that he hab been present for a day or two as a jtiiectactor at the previous trial, and heard a portion of the evidence on the part of the Common wealth; that he hud aU read such summaries of the evi dence at the trial as hud apptarcd iu the local newspupers; and that from what he had soseeu aud heard be had formed an opinion in relation to the guilt or innocence of the defendants and bad expressed it to others. He further slat ed in substance that this was a provis ional opinion resting on w hat he had heard and read, and would not prevent bli sitting as a juror at the trial and rendering a verdict in accordance with the t vidence submitted. The challenge was a denial of his ability to do what he testified he could do, viz: give to the defendants an impartial trial, aud de cide upon their guilt or innocence uu- der the evidence in the case. The trier of this issue was the presiding juJge, He had seen the juror, his general bear ing, the manuer of his answers, and he had heard the examination. The ques tion for his decision was "Is it true that this juror stands disinterested, and is able to give the defendants an impartial trial?" He believed the juror, and ac cordingly held him to be qualified to sit on the trial of the case. Now we can Dot bring before us the tones, the man nr and apparent spirit and character rf this juror, and for that reason we can Dot review the influence such consider turns exerciseu upon iue mum oi me learned iud;re. We have the answers j i. : I .1. ouly. Unless therefore the answers were conclusive upon this question, as a matter of law, we have nothing bef jre us on which assignment can be sustain ed. But the answers were uot eonclu sive. It Is putting their effect as strong ly against the juror as we are justified in doing if we say they raised a pre sumption, prima facie, of bias against the defendants, when they showed bim to have formed and expressed an opin ion. This presumption was removed if his further answers, and his manner, satisfied the learned judge that his mind was slill open to the Influence of the testimony, was not fixed in the opinion expressed, but to be offered. The judge was so satisfied. He believ ed the Juror to be capable of divesting bis mind of opinions resting on imper fect knowleJgeof the fae, and judg iog impartially upon all the evidence iliit should come b.-fore him. e can jot say that he was not justifud in xeachiug this conclusion. Impartiality is uot ordinarily occasioned by ignor ance. Tne ability to read periodicals and to think aud talk about w hat one xeads is not a disqualification for duty Other circumstances being equa should be regarded as affording some guarauty of fkness. It is prejudgment ( the question ah ut to be considered that disqualifies. If Maurer was ame O. Tya CI oObl to bear the whole case Impartially, and decide it according to the evidence, be was properly qualified to sit as a juror and the judge was right in overruling the challenge. Second: The assignment of error complains of the admisniou of the tes timony of Wm. J. Horner. He was the tenant of David Berkey, occupying his farm. Iu the morning after the rol lery he discovered that his barn bad been broken open during the nitfht and a pair of horses, bridles, a saddle and a blanket bad been takeu away. He also found that the straps had been removed from his fly-nets and were not in the barn. The straps were soon after dis covered at Berkey's house, where they had beeu used to bind his liml while he was u ndergoi ng torture. The horses with the other stoleu property were found later ia the morning some eight or ten miles away in a field at the side of the road leading from Berkey's house to the home of the defendant. An examination of the ground aisnit ljerkey's home showed that durinir the night the horses had been tied and f d nenr by, and hail been ridden by fie robbers along the highway to the point at which they were found, where it was evident they had been abandoned, their riders completing their journey on f.xt- The testimony of Horner was offered for the purpose of laying these facts lie fore the jury. It was objected to be cause it related to another offense than that for which the defendants were in dicted and because it proposed to s'.io that the defendants were in posses-ion of the horses. But the relevancy of this testimony did uot depend on whether it tended to show the commis sion of another crime, but on whether the facts were so connected with the crime uuder investigation as to throw any light upon its history. We think it clear that this testimony wasexplan- atory of facts that were before the jury, and that it tended to show how, and by what route, the robbers fled from Berk ey's house; and bow it was possible for the defendants to have been seen so early in the morning of the third of June at points where witnesses placed them, consistently with the allegation of the commonwealth that they were the perpetrators of the crime at Berk ey's house. It was also relevant as showiug part of the pertinent history of the crime under investigation, and the deliberation with which it had been planned in all its details. The third assignment of error is the admission of the testimony relating to the possession of Berkey prior to the robbery of a ten -dollar Confederate note and the possession on the day after the robbery by James Roddy of a note similar in appearance aud of the ame denomination, which was caref illy de- troyed by bim. Tuis assignment can uot be sustained. The evidence, to gether with Roddy's declaration about the bill or uote, how he came by it and why he destroyed it, was relevant upon the question of identity. It was not conclusive upon tliat question, but it related to it, and with the other facts relating to the same subject was prop erly submitted to the jury as part of the chain of circumstances tending to iden tify the defendants as the perpetrators of the crimes committed on the night of the second of June Fourth : This assignment is directed at the admission of the dying dtclara tions of David Berkey. Six objections. reducible to four, are made against their admission. The first of these alleges that the commonwealth was under no necessity to use the dying declarations and therefore had no right to use them. This rests on a misapprehension of the rule relatin;' to their admission. The necessity" to which the text b-Kks aud the cases refer is not in the exi gency of any particular case, but a pu! lie necessity which civilized society feels the pressure of, for the protection of human life by the punishment of man slayers. Ik-fore the offense of murder is completed, the victim must die. While he frels death to be im pending, but while consciousness con tinues, what he declares as to the ori gin of his injuries and the person at whose hands he received them is com petent not In a particular case where the defendant could not other a-iso bo convicted, but in all cases, u- mitU'r how ample the evidence of identifica tion through other sources may le. But the second objection is that "the simple statement contained in the dec laration 'I am satisfied that the Roddy boys brought to my house by the offi cers are the same men that robbed and tortured me' is not a sufficient identifi cation of the persons on trial." This objection should be read in connection with the whole statement or declara tion as made by Berkey. It runs thus: "Two men came into my bedroom. I asked them what they wanted, and one of them said 'Money, by Gl, and we will have it. Both men had revolvers and said 'Do you see these? I said 'Yes.' They told me if I had any pray ers to say, I was to say them, that they would shoot me. I told them to shoot but they did not. Then t!w?y tied me, both hands and feet, and carried me out of bed into a rocking-chair and hit me in the mouth, kuocking a tooth loose. Then they ransacked the safe. I told them my money was in my vest. They got it; it was about one hundred aud twenty-five dollars in paper and silver. They burned my feet some be fore getting my money. They contin ued to burn my feet, demanding more money or government bonds. They first burned my feet with paper. After wards with oil lamps and tallow cau dles. They ransacked the house from cellar to attic They went to the cel lar, brought up pies, cakes and milk, and ate and drank. Then they left my house, and I am satisfied that the two Roddy boys brought to my house by the officers are the same that robbed aud tortured me." This Is a vivid state ment of the occurrences of that night, showing the opportunity Berkey ha i to see h.3 torturers, to know their voic es, their figures, their movements, their eyes, the color of their fcair, and their relative sie and manner. Every pecu liarity of each of them must have beeu iiipr!!v burned into the memory of both David Berkey and his wife. They were trought to the house of their vic tim. He looked at them to see if they wtre the same meu he had seen on the ' night of the second of June. His con Ti o WHOLE NO. 220. elusion Is "Yes ; I am satisfied they are the same men. My mind is at rest ou the subject, I have no doubt." This was a distinct identification and pwtlmy admissible. The third objection is that Berkey gnve no reasons for thinking the Ii.Uy txys were the men who rob bed and tortured him. He gave hisop jKirtunities for observing the robberson the night of the crime fully. He ex amined the Roddy boys, aud then said, "Yes, they are the same." This was enough. His U-licr rested ou nis op portunities for observing the men, and be gave these fully. The last objection is to the fact that a maS was put ou the faces of lue rv. dy boys so as to leave the same por tions of the bead and face opeu for ex amination as was left of the heads aud faces of the robbers on that night. This wps at the request of Mr. Berkey. He also desired the defendant to speak. He seems to have desired to "satisfy" himself upon the q'les'.i :i of identity before expressing an opinion. The mask wa use I without objecl'.ou or re monstrance from anyone, aud apparent ly with the honest purp se of deciding after a careful examination, whether the defend tnU were tho criminals by whom th-i rob'.iery and burning bail been committed or uot. We do not see that even if the propriety of the use of the mask ou the defendants was q-i s tiouahle, it would be a valid objection to the admission of the dying declara tion of Davi.l Berkey. It might affect' the credit to which it would otherwise be entitled, but not its admissibility. But we are by no means prepared to concede that the use of the mask, uuder the circuuislanees, was questionable. The handkerchief fell from the f-.ce of one of the defendants on the night of the robU-ry an 1 remained off for soma considerable lime. The face of the other was not seen except with the handkerchief upon it. His appearance as they saw him move about with the ut i-k on wa fixed indelibly on their mind. It ii tasy to see that they might be able to identify him m ich more easily and certainly, if allowed to see him dre-wed and disguised as he had been d iring the night of the 2d of June, thau by seeing him without I dis-gui.se aud as they had never before seen him. The criticism upon the charge-of the learned judge which con stitutes the first assignment of error it merely verbal. Possibly the word "stated" would have been preferable to the word "clahred" in referring to the testimony of the witnesses who saw two jiersons mar the Osborne Cut whom they did uot then kuo 7, b it whom they siid at the trial res.'iubled the defendant. But the learned judge was not attempting to give the purport of their testimony, ouly to refer the jury to the g-t eral class to which these, amo'igother witneses, ln-Ionged. Their testimony related to the identification of the defendants a-.id he referred them to their own recollection of the testimony. Sixth: The learned j J Iga did not undertake to recount the witnesses on either sid-, or to resta'e their testimony. The facts had been di.-casH.il at great length by counsel and the evidence had been marshalled iu support of their respective theories. It remained only for the court to give appropriate legal instructions and to indicate ttie ques tions for the determination of the jury. This was all th learned j J lge attempt ed to d other than to refer in the m st geueral way to the several lines of tes timony applicable to the several ques tions submitted to them. TnLs was carefully a'nd correctly done. Seventh: The refusal of a motiou for a new-trial is iu error in law only when it is apparent that suu'.i refusal amounts to a clear abuse of discretion. This is U'rt alleged in this case, nor do we see any reason why it should be. There was conflict ia the evidence. The proper tribunal to settle the conflict and determine where the truth lies is the jury. Thut tribunal with the aid of the fullest argument, aud an impartial charge, has by its verdict settled the conflict by finding that the defendants were the two men who broke into the house of David lierkey in June lust, robbed him of his money, tortured him, and as a result of this torture, murder ed him. Tnis is a second conviction. It is based on testimony that, if believ ed, justified the verdict and we are of opinion that it should uot be disturtied because of the reasons presented to us oa this appeal. The judgment is there fore affirmed and the record remitted for further proceeding according to law. Caa't be perfect health without pure blood. Burdock Blood Bitters makes pure blood. Tones and invigorates the whole system. A. WhLa of Emperor William That riaiasd aa Officer's Life. His Majesty, E.nperor William of Germany, i- a man of strange freaks, as all the world knows, for the dis patches from Berlin have told of his many strange doings in politics, iu matters of state and iu the army over and over agin. His eccentricities are shown in his 9 'mi-public and in his private life, but stories of these are closely guarded. They are seldom whispered beyond the jialaee gates. There is a young man now employed in the London oillce of Brown Broth ers, bankers, who has suffered bitterly from the fancy of the Emperor. His career was ruiaed, he was disgraced and humiliated by a w him of his mon arch. He felt himself driven from the army aud from his country and forced to make a living as best he could iu a foreign land. This man is Lieutenant G jstav Ani berg, and he was an officer in a flue and distinguished cavalry regimeut. Those who hold c ai:iiis-,ious in it are filled with pride over the honor that is their. Lieutenant Amberg came of an hon orable family. His father was a cotton merchant who had amassed a large for tune. From his y uth the young man was destined for the army. As, a child be dreamed of the tiuse when he should wear a showy uuifor.n and ride a prauc- ing horse iu the reviews. Just about the time when he waa rvdv to enter the service bis father - ! In nearly all his mouey. It was only at a s act ifice that he was able fo ptr chase hi son's commission and make hiiu the all wance necessary for him to maintain LU position, for the sala ries of oflW'ra iu the German army, as in other countries in Europe, are wholly inadequate. They d not begin to meet the necessary cuk-hsi-h. Lieutenant Am berg was au admira ble soldier and popular in his regiment, lie is a m.v.i of flue and delicate fefl inf. He llieved in the dignity of bis position. He felt that he should t-e worthy of it and of bis family, who had stinted themselves that he might have bis place in the army. One night last spriug Lieutenant Aniberg was on duty in the palace. The Emperor was giving a emtpr vate banquet to his immediate friends aud military staff. Late in the evening a messenger came to Lieutenant Am. berg, sayiug that the Knqieror demand ed hU presence lu the banqueting bal'. The young olli.eer's face Bushed. He had heard stones of strange aud un dignified commands put ujou soldiers oa these occasions. He hurried to his monarch with a sinking heart. Lieutenat.t Aniberg could hardly compose himstif as he saluted and stixnl at attention. The Emperor re garded him Coldly. "You are ou duty in the palace to night?" "Yes, your Majesty." "You will mount your horse and ride him into this room." "Ride my horse here into this room, Your M.ijesty?"' stammered the oil leer. "Yes," was the reply. "You heard my command. You may go." Lietiteuaut Amlierg made bis way from the room w ith his thoughts in a whirl. He had never dreamed of ling ordered to do so extraordinary a thing. The idea of disolwying did not suggest itself to him. Jle mouuted his horse aud forced the frightened animal to climb the stairs He made his way through the corridors and into the ban queting room, thfi horse's hoofs sound ing ou the floor like the roll of thunder. He drew rein and tainted. The brill iant light, the unusual surroundings and the experience ou the stairs filled the irpirited animal with fear. He moved about restlessly, tossed bis head and snorted w ith apprehension. And his master had little more confidence. "You will ride about tiie room, that we may see how well you sit your horse," commanded the Emperor. There were atout seventy guests in the room, and they watched the officer on horseback w ith interest and amuse ment. The polished floor was as slip pery as ice, and the iron shoes were like skates. Tiie animal moved about cautiously, gingerly, every muscle strained to leap from a possible danger. The lieuten ant guided him with his face on tire. "At a trot !" commanded the Em peror. Lieutenant Aniberg urgul his horse to a faster pace. Iu turning about the animal siipjHsl to his haunches. There waa very little space in which to man oeuvre. It was w ith difficulty that the officer could keep his seat. The bang ing of the hoofs and the efforts made by the horse to keep from falling made a frightful racket. "At a gallop ! The eomtaind of the Emperor was sharp and quick. Lieutenant Amberg's face hal become white, but he could uot retire. He gave hi horse the spur. The animal sprang forward and went slipping, scrambling along the !lxr, finally falling. The rider had to hap from the saddle to save his les. Again he mounted, while the guests roared with laughter ovcr the awkward plight of officer and horse. Thechargtr was shivering with fear. He refused to go forward because of the danger of falling on the smooth surface. "At a gallop !' The Emperor repeated the command, aud his voice was colder, m re mena cing than before. "You acquit yourself badly." Nothiug more was needed to com plete the olli ."er's confusion and feeling of disgrace. In desperation he plunged his spars deep into the horse's sides, and again went plunging, scraping and sliding along. Lieutenant Amber could hear the roars of laughter, and he could see the cold, immovable face of his monarch, who was sacrificing hint to a whim He hoped that the floor might open and he might fall. He wUhed for a serious accident, for death, anything to escajie the torment and misery. But he was not yet to escape. The Emperor had a more dilli-'uit aud un generous command to put upon him. He directed tint the tables and chsirs lie piled into a hurdle iu the middle of the room. The servants speedily fuifil-le-l the order. The guests drew to one side, that they might see aud yet escape injury. "You will Jump your horse over tie fable." There was a menace iu the Emper or's tones, and Lieutenant Aniberg knew there was no hop for him. He had no choice. He grasped the dan ger. He knew that it was almost im possible to compel a frightened horse that hail learned that bis footing was most insecure to make the jump. Some of the chairs had been placed legs up ward. Lieutenant Amberg's face was whiter than the table linen. Still, he must go through with it Time and again he tried to make his horse jump over the obstruction. Each time the animal re fused and weut sliding along on his haunches, striking the table. The rider could hear the scolling of the guests. He could hear the Emperor expressing his disapproval. At last be drove the maddened horse to make the leap. He managed to scramble over the obstruc tion. Officer and horse went sprawl ing on the other side. Agaiu he was compelled to take the jump, and the result was more ridicu lous, more humiliating than before. The Emperor called Lieutenant Am berg. He poured forth his ill -humor and his wrath. He told the young of ficer that he hail behaved abominably ; that be had brought disgrace upon his E.nperor, his regiment and himself. He had given the most incompetent exhibition of horsemanship that had ever been seen. Finally, he dismissed him. He resigned immediately and settled his affairs as quickly as possible. He went to London to start life anew, and found a place in the banking fiim where he is now employed. New York World. Bicklea's Arnica Salve. The Best Salve in the world for Cuts, Bruises, Sores, Ulcers, Salt Rheum, Fe ver Sres, Tetter, Chapped Hands, Chilblains, Corns, and all S-;iu Eru lions, and positively cures Piles, or to pay require!. It is guarantee! to give , perfect satisfaction or money refundei'. ) Price Z cents per box. F.-r sale at J , N. Snyder's Drug Store, Somerset, Pa., or G. W. Brallier's Drutr Store. Eel-- in. Pa. tr I ;
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