THE PATRIOT
Published Weekly By
THE PATRIOT PUBLISHING COMPANY,
Office: No. 15 Carpenter Avenue
Marshall Building, INDIANA, PENNA
Local Phone 250-Z
FRANCESCO BIAMONTE, Publisher
Entered as second-class matter September 26, 1914,
at the postoffice at Indiana, Pennsylvania, under the
Act of March 3, 1879.
SUBSCRIPTION
ONE YEAR . . $1.50 | SIX MONTHS . $l.OO
The Aim of the Foreign language Papers
ol America
To HELP PRESERVE THE IDEALS AND SACRED TRAD
ITIONS OF THIS, OUR ADOPTED COUNTRY, THE UNITED
STATES OP AMERICA; TO REVERE ITS LAWS AND IN
SPIRE OTIIERB TO OBEY THEM; To STRIVE UNCEASING
LY TO QUICKEN THE PUBLIC 8 SENSE OF CIVIC DUTY;
IN ALL WAYS TO AID IN MAKING THIS COUNTRY GREAT
ER AND BETTER THAN WE FOUND IT.
March Grand Jury Is Charged
By judge
March Sessions, 1917.
Gentlemen of the Grand Jury:
Your names have been drawn from
the Jury Wheel, you have been regu
larly summoned and sworn as Grand
Jurors for the March Sessions of this
Court, in keeping with the laws of
Pennsylvania. The qualifications of
Grand Jurors as required by the law
of our State are that they must be
"sober, intelligent and judicious per
sons." This Court is of the opinion
that you measure up to the full legal
requirements in point of qualification,
and you are now entering upon the
high and exalted duties you are call
ed upon to discharge. It is important
that you fully realize and appreciate
the responsibility resting upon you to
the end that your duties may be clear
ly comprehended and faithfully per
formed. All that you need to do to
come up to the full measure of your
duty is to exercise your common
sense and conscience along the lines of
fairness and justice with sober,
thoughtful and unprejudiced minds.
The result of your deliberations and
findings is important to the parties
charged with violations of law to see
that no injustice is done them, which
is within your power to prevent, and
it is also important to society that all
violators are properly presented for
trial. In this connection it is proper
to say that some criminal cases get
past the Grand Jury where the prose
cution is prompted by malice, hatred,
revenge or some other equally un
worthy motive. Where the evidence
| Facts
I Fallacies
It
M FACT is a real state of things. FALLACY is an appar-
ently genuine but really illogical statement or argument.
\ T7XPERIENCE has taught that Prohibition is a FALLACY, and where Local Option (or ' ,
Li local Prohibition) has been applied in counties of Pennsylvania, through Judges refus- /1
Py ing all licenses, FACTS and figures have shown no lessening of indulgence in liquors. For
LJ instance, in 1915 J. A. McLaughry was elected Judge in Mercer County, and he refused all
f licenses under his jurisdiction for 1916. With what result? Read what authoritative wit- r l
fj nesses testified at License Court on December 4 and 5 last: VJ
/ U T M. Cundy, freight agent for the Erie Railroad, testified that 374 cars of liquor were A
' / J • shipped into Farrell, Mercer County, Pennsylvania, during the nine months the coun- A
fd ty has been 'dry.' These consignments included 242 barrels of beer, 306 half barrels,
II 38,248 quarters, 94,667 cases of two dozen bottles each, and 7076 packages of whisky." VJ
\ «\Y7 W. CARTRIGHT, freight agent for the Erie railroad, testified that seventy-five car- pi
fJ W • loads of liquor were shipped to the valley towns in six months." Lj
I V K. MOORE, Erie freight agent at Sharpsville, said 28,162 packages of booze had y
\ i VJ* been received at Sharpsville." { }
l\ fT*" "1 . U
I L. LATIMER, a railway clerk. I y— ■ ' j/I
Pi • test'fcl thnt within two weeks J y
HI r ' r -S' ,ike 750 -' ; ' } passes | k r W/7 (Ok \ M
L l of beer, 20j>,000 glasses of wiiisky and I V ' 1 y,4 < \y if) /J
50,000 of wine were shipped to Sharon , •• /r L, JJ Li \ / VI
fl from outside points, the ner diem cost of . 1 » - " \* / j .
//J which was $4000." * | jjj / ;j
/| OF POLICE MILLER, of ; f7\ [r 3 fp* EE?' Jv\!
Ui V> Mercer, stated that arrests were I a'-/ j\Vyi I l/V I i-*i
J running about even. In the I • LIW! l I (vs. i
eleven months of 1916 the police arrested \ '■'/ j 1 ' 1
hg 407 persons from intoxication, while in I [ 1 111
V 1915 for twelve months, when the county I V.SHARPSVILLE ' S'ZZJ / I f/ I
V was 'wet,' 426 persons were arrested for » { - * \ I \ \i i
the same cause." j \A
\ npHE above FACTS in evidence arc /K SL - ■ A
A quoted from the news columns of a fab Aon p*T T > fciJ
M Philadelphia daily paper that advo- \\ rxrVlLiLiLi MERCER. j jM
L*l cates Prohibition, and the testimony i v \ ( \ J jj jfJ
1/J shows conclusively the FAT, LACY of I \ \ J 'I \\i
f/ . "dry" conditions in Mercer County. > [ / /\ / [\>
]/1 Likewise did the Venango Herald, of J \ / / \Jr k\
j / Franklin County (a Prohibition organ), I \SX / V \ / I
(A editorially confess to no betterment of =sr— n
LV conditions in Venango County, after y
Judge Criswell had refused all licenses.
I] Pennsylvania State B
* 109 |[(j
and circumstances disclose motives of
trying to "get even" with somebody,
or to punish somebody, or to avenge
a personal wrong or injury, the best
service you can render your County,
or society in general, it to return
"Not a True Bill." Grand Juries at
almost every session of Court err in
not weeding out such cases by ignor
ing such bills. To not do so is expen
sive to the County, and encourages
criminal prosecutions that have no
proper place in our Courts. \ou
must not fall into the error that be
cause the District Attorney prepared
and submitted a bill of indictment
that it necessarily follows that you, as
Grand Jurors, must return "A True
Bill." The District Attorney may or
may not know the facts in the case,
and it is no difference whether he
knows or does not know the facts and
motives which have prompted the
prosecution, you as a Grand Jury, and
not he, as District Attorney, are
charged with the responsibility of de
termining whether the case should be
ended before the Grand Jury or sub
mitted to the Court and Petit Jury for
further investigation.
From the time the Grand Jurors are
summoned until finally discharged,
they bear an official relation to the
Court, and no person during that per
iod has any right to talk to you about
any case or in any manner attempt to
interfere with your duties. Anyone
thus attempting to influence a Grand
Juror would be guilty of contempt of
Court and his offense would be pun
ishable as a misdemeanor.
The District Attorney will present
the Bills of Indictment, and advise
you upon questions of law. It would
not be proper for you to consult him
as to the propriety of finding "A True
Bill" or not, and it would be just as
improper for him to express himself
as to whether a bill should be return
ed "A True Bill" or "Not a True
Bill." During the discussion of a case
or while taking a vote, the District
Attorney should retire from the Grand
Jury Room. It is for the Jury alone
to consider the evidence and apply it
to the case in hand without interfer
ence or attempt at influence from any
person not a Grand Juror.
If any of the Grand Jurors should
happen to be related to any of the
parties to any prosecution brought be
fore you, that is to either prosecutor
or defendant, or should any juror be
interested as a witness, or has had
the facts detailed to him by parties
or witnesses outside the jury room,
before or since summoned as a Grand
Juror, of if interested in the result
of the prosecution in any manner
whatsoever, such juror should take no
part in the hearing, discussion or de
cision on the Bill of lt is
proper for you under such circum
stances to remain silent. The reason
for such a course on your part is, that
both the Commonwealth and the ac
cused are entitled to the undoubted
action of an unprejudiced Grand Jury.
Under the law of Pennsylvania the
foreman of the Grand Jury, or any
member thereof, may administer oaths
to witnesses which may appear before
you. Your authority for this proced
ure is found in the Act of March 31,
1860, which reads as follows: "The
foreman of any Grand Jury, or any
member thereof, is hereby authorized
and empowered to administer the re
quisite oaths or affirmations to any
witnesses whose names may be mark
ed by the District Attorney on the
Bill of Indictment." In this connec
tion ydu will observe that the power
of a Grand Juror to administer the
oath is limited to those cases where
the name is marked on the Bill of In
dictment. If the name of the witness
is not on the bill you can't swear him,
and it will then be the duty of your
foreman to call the attention of the
District Attorney to that fact and
have the name of the witness placed
thereon. And furthermore, his name
must be marked on the back of the
Bill as a witness, even though the
same name or the name of the same
person may be found on the bill some
where as prosecutor. The name of
the prosecutor should be endorsed up
on the bill of indictment and all bills
of indictment should be signed by the
District Attorney before consideration
by the Grand Jury. The District At
torney has the authority to administer
oaths to witnesses, and will aid you in
that regard whenever necessary. He
may also assist in the examination of
witnesses as any juror may.
Twenty-four Grand Jurors are sum
moned, but the maximum number that
could be sworn is twenty-three, for
the reason that a majority of your
number, and not less than twelve,
must agree before you can return a
"True Bill," and if twenty-four were
sworn you might divide equally on
some case. Unless at least twelve of
your number are in favor of returning
a "True Bill" on any case, you will re
turn "Not a True Bill," but before
you can ignore a bill, that is, return
"Not a True Bill," you must call and
examine all of the witnesses named on
the back of the Indictment. If twelve
of your number are agreed after
hearing one or two witnesses it is a
waste of time to investigate further,
and you should make your finding,
take your vote, dismiss your witnesses
and proceed to the next case.
You may have Bills of Indictment
before you containing 1, 2, 3, 4 or
more counts. If the evidence war
rants you can find a "True Bill" on
one or* more counts, and "Not a True
Bill" as to the others, but you must
specify as to numbers as to which are |
"True" Bills" and which are ignored.
After you have made your findings i
and taken your vote, your foreman
will date the bill ana sign as foreman.
The form on the Bill of Indictment
will indicate to you how this shall be
done. After a Bill of Indictment has
been acted upon by the Grand Jury it
should remain in the possession and
custody of the foreman until return
be made to the Court.
The District Attorney will desig
i nate by endorsement on each Bill of
Indictment whether the charge is a
felony or a misdemeanor, and in all
prosecutions of misdemeanors, if the
bill of indictment shall be returned by
you "Not a True Bill," it is your duty
to decide and certify on such bill
whether the county or the prosecutor
shall pay the costs of prosecution; and
if the prosecutor be adjudged by you
to pay the costs you must name him
in your return and unless otherwise
directed by you, he will be required
to pay the sum of Four Dollars ($4)
for the use of the county, in addition
to all other costs of prosecution.
The costs of prosecution accruing
on bills of indictment charging a per
son with felony, ignored by the Grand
Jury are by law payable by the coun
ty, except, however, that in all prose
cutions for larceny where the value
of the goods and chattels alleged to
have been stolen, shall be less than
Ten Dollars ($10), if the Bill of In
dictment shall be returned "Not a
True Bill," the Grand Jury shall de
cide and certify on such bill whether
the county or the prosecutor shall pay
the costs of prosecution; and the
Grand Jury shall be the judges of the
value of the goods so alleged to have
been stolen. Except, also, that in all
prosecutions for assault, or assault
and battery, where the prosecutor has
made complaint, under oath, that the
assault was made with the intent to
maim, disfigure or disable such prose
cutor or other person, or to commit
the crime of murder, or where the bill
of indictment in cases of assault, or
assault and battery, charges the de
fendant with a felony, if the bill of in
dictment be returned "Not a True
Bill," and the Grand Jury believe
from the evidence that the prosecutor
had no reasonable grounds for making
the charge of felony, they shall decide
and certify on such bill whether the
county or the prosecutor shall pay the
costs of prosecution.
In all cases of misdemeanor and in
all excepted cases charged with fel
ony, as just explained, where you find
the prosecution to have been institut
| ed without probable cause, or for re
| venge or in a spirit of retaliation, the
costs ought to be put on the prosecu
tor.
On a Bill of Indictment based upon
the return of a Constable, if the bill
is ignored, the county as a general
rule should pay the costs. You can't
fix the costs upon an individual prose
cutor without he appears before you
as a witness.
You should not compel the county
to pay costs in unfounded prosecu
tions, and to this end carefully inves
tigate the circumstances of each par
ticular case, where the indictment is
returned "Not a True Bill," with a
view of ascertaining whether the
prosecution was brought in good faith
or not, and what disposition should be
made of the costs as between the
prosecutor and the county. You can
not divide the costs between the
county and the prosecutor. When the
county is required to pay the costs it
pays all the costs of prosecution.
When the costs are paid by the prose
cutor you must name him in your re
!turn. Under no circumstances, where
the bill is ignored, can the defendant
be made to pay the costs or any part
of them.
Besides these general duties that 1
vve have been discussing there are spe- j
eial duties devolving upon you as ■
j Grand Jurors. Thtws it is the duty ol !
:he Grand Jury to inspect the county
ouildings, the Court House, and sug- 1
.jest any needed repairs; the Count>
for the indigent poor of oui
j county; the Willard Home for the de
pendent, neglected and incorrigible
; -'hildren of our county; the Count j
> i ail, now used mainly as a place oi ;
letention for criminals. On account
>{ the construction of our jail we can
j lot use it to any extent as a place ft
! ffenders of the law after sentence. 1
;here were some changes made with . !
/iew to classification of the prisoneis
I /e think in the long run it would b
a the interest of economy, but froi
: ;ie time that the proposed change
ould be completed it would be an a<
j r ance step toward proper prison disc
»line. As conditions now are we a
ompelled to send many prisoners t
he Allegheny County Work House :
( i iiici eased expense to our count
iat otherwise could be kept in oi
\ti County Jail. You should not fo
et, and the people and taxpayers <
idiana County should know and n
>rget that every prisoner that is sei
zt of Indiana Cf /ty to serve asr |
[ is sent at t' ? County's exper
1 > "' T i's we hea criticism of t 1
| Courts for not sentencing certa
criminals for longer periods. Som
j 'mes that criticism is a just and pi
ier one, but Courts have a duty 1
perform in looking after the intrres'
>f the taxpayer as well as the refr
nation of wrongdoers. The high cc
,>f living has affected penal instit- I
tions as well as individuals, and t
ly they a.e eh ring higher rat
| -r maintebanc prisoners tfv
j ley did a fev y- s ago. It must b
lid, however, t t the
ite has
zers confined ire Indiana Court
ill. That mnv ' t be fair treatn
f our present S 1 - iff. but it is nevr
heless the fact.
In 1915 Iridic County paid
maintenance of rr 'soners at the A ll
heny County ' k House, the sr
$3,586.50: nt the Western Per : tc
ary $2,615.69; at Morganza, S3 ~~f
2; and at the TT Rp* r
tory, 5779.60 ir. .king a total of sl'
11.51.
In 1916 :'s our County
laintenanc* 1 °f at the '"
heny County v House the si v
$2,690. nO1 * Western Per : ter
Oop • Hn<je 4
PENNSYLVANIA—WHEN?
ia~>3 j
IDAHO _ -1096
//jW// /V UTAH ' -1896 #
'/my/p WAShiwjW-ISIO :
'r /Mry CftLITOWM'-ISU
ARIZONA .1912
* <3l2
////M,, JL, I/ ILLINOIS - it) 13
/////
7 NCfcTH OWOTVI9I7
tv/// &&W » / ("PftESlDtNTlAi* A
Bwmk iNIMNA 1917
VARE, SUFFRAGE
SENATE LEADER
Chosen by Big Women's Organ
ization to Guide Enfranch
-1 izing Amendment
LINES UP ALL DIVISIONS
Suffrage strategists have announced
a political coup, which even their op
ponents have admitted will go far to*
ward lining up all factions in the pres
ent Legislature in support of the wo
man suffrage amendment bill. This
is revealed in their announcement that
In the upper branch their leader and
champion will be Senator Edwin H.
Vare.
The full significance of this revela
tion is appreciated, when It is recalled
that Representative Samuel A. Whit
aker of Chester county, a Penrose lieu
tenant, is sponsor of the suffrage
amendment in the House, and suffra
gists declare that the Vare leadership
carries with it the full strength of
Governor Martin G. Brumbaugh, who,
in fact, suffragists aver has promised
personally, to do all he can to have
his entire following in both House and
Senate vote to pass bills which will
authorize a woman suffrage amend
ment in 1920.
Repeats Promise
Upon the other hand, although op
ponents of suffrage say that the suf
fragists are basing their hopes of Sen
ator Penrose's support upon state
ments made by him last fall, the suf
fragists also reveal for the first time
that they have had recent reiteration
of the senator's promise of aid.
Thus, the suffrage forces declare
that any who oppose them in the
Legislature, not only will be repudiat
ing their National party platform,
but will be repudiating their leaders,
under whatever factional division
they may come, and in most cases
will be basing their opposition upon
allegiance to some force, which they
will not openly admit.
When the alignment on the amend
ment comes, the suffragists declare
they are prepared to show how oppo
nents have stood upon other progres
sive legislation.
Apart from their strategy in choos
ing their House and Senate leaders,
the suffragists are known to consider
as their best weapon the $50,000,000
good roads amendment, which person
ally they do not oppose, but which
they declare in all its phases parallels
the woman suffrage amendment. This
amendment was defeated at the polls
in 1913, was re-introduced and passed
in 1915 and must pass again this ses
sion to secure a vote again in 1918.
Senator Vare. who is chosen by the
women as their Senate leader, has
been a constant friend of -uffrage, and
was a valuable asset in their last fight
—in the 1913 and 1915 sessions of the
legislature.
Young Tactician
In contrast to the seasoned cam
paigner, who will direct the progress
of their amendment bill in the Senate
Senator Vare, suffragists have choser.
as their House leader, a young tac
tician. Samuel A. Whttaker of Chestei
County.
When last elected to the Legisla
tnre. Mr. Whitaker was serving on th#
Mexican border with the Phoenixvillf
Battery, the oldest organization of itf
kind in the state. Mr. Whitaker wat
graduated from the law department ol
the University of Pennsylvania in 189f
and practices in Philadelphia. He ha*
been president of the State Institute
for the Feeble Minded at Spring City
and has been interested in publit
libraries and other activities in hi!
home county and in the Eastern pari
of the state.
SOLDIER-LAWYLR SPONSOR
OF SUFFRAGE IN HOUSE
*v. g
■ •' %
Jm
SAMUEL A. WHITAKER
PATRIOTIC WOMEN
WILL AIO COUNTRY
County chairmen of suffrage organ
isations throughout the state have re
ceived from their headquarters In Har
rlsburg a detailed report of the plan
adopted by the Executive Council of
the National American Woman Suf
frage Association, which met recently
in Washington, D. C., to devise
methods of assisting the various states
and the federal government if the
United States engages in actual hos
tilities.
Prefacing their offer of service to
the President and government of the
United States, the national suffrage
leaders expressed the following senti
ment:
"We devoutly hope and pray that
our country's crisis may be passed
without recourse to war."
"If, however," the suffragists de
clare, "our nation is drawn in the
maelstrom, we stand reedy to serve
with the zeal and consecration which
should ever characterize those who
cherish high ideals on the attitude and
obligation of citizenship."
It was also made plain that there
was no intention of laying aside their
constructive, forward work to secure
the vote for women.
Specifically, the offer of service con
tained the suggestion that a national
central committee be formed at once
to be composed of a representative
from each national organization of
women willing to aid in war work il
the need arises as a clearing house
between the government and women's
organizations.
It was suggested that the central
committee undertake to establish a
department consisting of employment
bureaus for women, another to in
crease the food supply by training
women for agricultural work and the
elimination of waste, a third to direct
co-operation with the Red Cross So
ciety, and another having as its ob
ject the Americanization of foreigners.
thn arises a council of
r • hairmer w! 1 ! be called to di»>
deta?'? t»f 'e plans.