DANVILLE INTELLIGENCER VOL. LXXVI. imVE YEARS IN PENITENTIARY David Barrett, who pleaded guilt; to the oharge of assault and battely with intent to rob and assault nod battery with intent to kill in connec tion with the daring hold-up at the hotel of W. H. N. Walker on the night of July 3rd, was Tuesday afternoon sentenced by Jndge Staples to twelve years, imprisonment in the Eai-tern Penitentiary. It was evidently more than lie ex pected. During oourt his dememior has not been that of one who felt the least tonali of remorse or realized to any extent the position lie was in. Even his aged mother, in her deep grief an object of pity to everyone else, seemed to aSeoc him little, if at all. About 4 o'clock yesterday afternoon Barrett was called before the bar. Be fore passing sentence Judge Staples fnl ly explained the situation and if Bar rett was in the least discerning from he very first he mast have noticed from the Judge's manner and iiis toue that there was very little hope for clemency. The Cocrt reminded him of the grave nature of his offense and how near it came to being murder. Allud ing to the faot that he had been guilty of a similar offense before and had been sentenced to a long term of im prisonment, Jndge Stapleß frankly tnld Inm that he wan nnable to understand his composition that past experience ■hoold avail so little and that lie should turn right around and resume a career of orime. He alluded to the fact that tiTid friends believing that lie had been punished sufficiently and hoping that he woold begin a new life had interceded in his behalf and secured his pardon when a little over foot years had been served in the peniten tiary. In the light of what had occurred Judge Staples told him it was clear that imprisonment wonld not work hia reform. It was necessary, how ever,that he slionld be Imprisoned,for •o long as he was at la e the com munity was in danger. Inasmuoh as this was the second oonviotion under the law the Court oould double the maximum sentenoe. The sentence of the Ooort was: That David Barrett pay the coat* of prosecntioq.a flue of ten dollars to the Commonwealth for the nfce of Montour county and undergo imprisonment in separate and solitary confinement at labor in the Eastern Penitentiary at Philadelphia for a period of twelve years dating from yesterday. In con clusion the Court told Barrett lie could jpst as easily have given him twunty years. As the sentence of twelve \ears wax pronounced aud he fully lealized what all it implied Barrett fairly stagger ed. For the L! rat time he seemed to be visibly affected. Pale an a ghost he made his way up to the bar and plead ingly aßxed some question r< latiug to the time spent in jail. Vorv sternly the Jndge implied but the information obtained cvidoiiily alfor.leil him little consolation. Divorce Congress. Governor Pennypacker bus mailed to every Governor in the country a letter announcing that the time for the meet Ing of the Natioiinl Divorre Congress has been se> in February 19th, 190(1, at the New Willard Hotel. Waahiugton, D. O. The oongieo is the result of an act passed by the Legislature last winter which authorizes the Governor to take the necessary steps toward such con gress. The work of the assemblage will draw every State in the oountry, making the matter of divotce identic al all over the United States. In bis letter Governor Pennypacker refers to his former letter of July 24 last. In which he asked for the ap pointment of the necessary delegates Replies have been received from thirty-four governors, all promising heatty support. Uany of these have already appoiuti d the delegates and the others will do so. Governor Pennypacker is himself a member of the Pennsylvania delega tion by authority of the act aud he has further appointed three citizens, "learned in the law," under the same aot. They are C. Laßuu Muunoti, of Willlamaport.and Walter George Smith and William H. Staake, of Philadel phia. Qarfleld Literary Society. The following program was render ed at the meeting of ilie Garfield Lit erary soci-ty held F.iilay afternoon: Coruet soli, Mr. Latimere. Reading, a snlecrinn from "Peck's Bad Boy," .Vli«-i New'm r. Recitation, "A Du y Hoy," Miss Bonner. Declamation," Home Life a Nation's Welfare," Mr. Morri". Piano solo, Miss Dura Jenkin". Diibate. " lleioived, That Football is a Brutal Ginix and Oog'it to be I'ro bibitod from sjliO'ds aud Colleges," affirmative, Mr. Oam| b'11; negative. Mr. Lambersou; Miss Lydia Woods and Mr. Jobhorn. judges, decided un animously in favor of the alliriua tivea. Song, aoliool. Reading," A School Roy on Corns," Uiaa Hiatt. Declamation, "On the Raising of the Old Flag at Fort Sumter," Mr. Soott. Down near New Riahmond, Wis,, a farmer 80 yeirs old jumped into the loy waters of a lake and resoued his two gr«nduh'ldren from drowiug. Oa lerlam is not reoeiving any special at tention in that neighborhood. WHERE CHRYSAN THEMUMS CROW It may not be generally known that the fluent, the best equipped and moßt extensive green houses in this seotion of the conntry are to be found at Cas tle Urove. Foity thonsaud square feet are nnder glas». Iron is ÜBed exclu sively along with glass in the con struction of the bnildinge. It is worthy of note that in keeping with the mod ern and finely appointed green houses Oastlu Grove has in the person of Law rence Cotter, the lessee, one of the most experienced,the most skillful and most widely known floriculturists in the Uniied States. In the world of flowers at present the chrysanthemum is the reigning queen. The seasou is now at its height. The chrysanthemum show closed at Philadelphia Saturday night. During the present week chows will be on in many of the great cities of the laud. The chrysanthemum is seeu in all its glory at Castle Grove. Variety and perfection both are there. Two large green houses are filled, each oue of the stately majestic blooms seem ing to surpass the other in exuber ance and loveliness. As the long vista of variegated, though chaste and mod est tints, opens up before the visitor his eye is chained to the spot as it were with a sort of fasoinatiou. Many of tue big ohrysauthemums,measuring ' from tip to tip, are twelve inches in diameter. All colors and shades of colors are lepresented and it would puzzle any one to tell which are the most to be desired. The pure white ones are beautiful but so are the Eoft creamy white; so are the large golden ones, those of the many shades of yel low and of the various shades of pink. Mr. Ootter cuts oue hundred of these maguiflceut blooms every day and along with carnations,roses,&c., ships them to Philadelphia and New York. In the big oities the chrysanthemums produced at Castle Grove are retailed by the dealers at all sorts of extrava gant prices. Eight to teu dollars per dozen is not an unusual figure. After the chrysanthemums come car nations and roses ;devoted to the form er there are two aud to the latter eight houses. Dcring Ootober Mr. ! Cotter shipped 38,000 rotes to Phila delphia, while at least 2000 more were disposed of at home. The roses are very beautiful aud comprise the Am eriuau Beauty. Bride's and Brides maid's roses, Liberty, Killarney, Wei lesby, Richmond and all the leading marketaLle varieties. The roses are oulv beginning to brear; by the Holi days the eight greeu houses will each be a paradise of blooming beauty. The are also oomiug ou very nicely. The two immense build inns will be a revelatiou later on. Be sides the faniODS Lawi-on carnation. Mr. (Jotter cultivates the Roosevelt carnation, a perfect I loom garnet in oolor, and he nas both varieties in ab undance. Among other varieties Mr. Cotter has the Queen, the Prospect, and the Ureat variegated carnation. Nnue but those who have visited Castle Grove can form an adequate idea of the extent of the green houses, of the enormous stock on hand and the care and pains taken to provide for following seasons. Of the eight houses devoted to roses five are propagating houses, all filled with grafted roses nicely growing. Providing for a sea son farther on are houses filled with Etiter Lilies an I Muuouuettes The latter, nicely uuder way, occupy cue whole building. About the Holidays they will be in bloom and the visitor to the greenhouse then will be treat ed to a sight that will be nothing short of a vision. hunerai of Lewis Title. The funeral of Lewis Titel took plaoe Uonday morning at 10 o'olock from the family residence on Mill street, and was very largely attended. Rev. Charles D. Leroh conducted tlia 1 services. Two selections—"Jesus Lovor of My Soul" aud "Gome Unto Me and I Will Give You Rest"—were rendered by a quartette composed of Mrs. W. R. Paules, Miss Elizabeth Russell, John B. MoGuy aud Sam A. McCoy. There wore many beautiful floral trib utes. The remaius were carried to the grave by the following pall heirers : K E. Maus, llairy Eilenbogeu, Johu Famsworth.Heury Divi 1, James Ryan, 1 Dr. Harry Sober aud Thouias Murray, luterment was made in the Odd Fel lows' oemetery, two speoinl trolley oars being utilized to couvey the fun- i eral parly. Those from a distance who atteuded the foueral were: Mrs. John Giilaspy, of Sorantou ; Mrs. Johu Reinik, Mrs. Adam Fraley, Mrs. Mary Feistler, Miss Miunio Riuiman, of Wilkes- Harie; Miss Minnie Villiuger, of SVil liamspnrt; Miohael Everett, of Col burn; Mr. nud Mrs. Fred Hottman. Mrs. Henry Rowe and sou, Arthur Adams, of Sliauiokin ; Mr. and Mrs. tivan Bevan, (if Buruham; Mr and Mrs. Hiram Palmer, Mr. and Mrs. Charles Titel, Mr. aud Mrs. Wesley Gross, Mr. and Mrs. James McEwen, Mrs. Charlns Whit< neck, Mr. and Mrs. Ivy, Mrs. Elijah Oromley, Lewis Titel, of Bloouisburg; Mrs. John Benfield and sou, Hiram Handel,of Valley town ship; John Stoat, nf Reading. Basket Ball Friday Night. The Sterling Five (deaf mutes) bas ket ball team, of Plymouth, will play the Danville Five at the Armory, Fri day evening. Dance after game. These men are all graduates of Mt. Airy In stitute at Philadelphia. "TLKDOKB BUT TO TRUTH, TO LEOTTT AH9 LAW—NO FAVOR SWAYS US AHI !• VUB WHATJ. AW*" DANVILLE. MONTOUR COUNTY. PA.. Fill DAY, NOVEMBER 17, 190"). Tfld BIDS WERE NOT ORENED Friday was the date set for awarding the contraot for the build ing of the Heat, Light ana Power plant at the Hospital for the Insaue. The trastees of the institution held their meeting hat the contract was not awarded ; neither woie the bids open ed. The meeting was the regular month ly one asnally held on Thursday, bat which in the present instance was postponed oue day later in order to consider the matter of bids, which were advertised to be opened ou that date. The following members of the board were present at the meeting: W. L. Gouger, H. M. Schoch.of Dan ville; Hou. Alexander Bl limey or, of Washingtonville; Dr. Q. H. Detwiler, of Williarasport; Howard Lyon, of Hughesville; W. F. Shay, of Watson town ; Hon. M. H. Kalp.of Shamokin, and Dr. Shoemaker, of Wilkes-Barre. There were a largo number of bids on hand and as the coutract was a very importaut one, representing an appropriation of SDI,OCO, the bidders were all on hand auxious to see what torn events might take. The group of bidders were much disappointed when they found that the contract would not be awarded. The trustees explained their coarse in not opening the bids ou the ground that they desire to add a few things omitted iu the specifications and to rearrange the Incatiou of same of the appnrtenanoes. Their plan is after making the changes to re-art vi rtise for bids, no dates at present being deoid »<t nnnii, nt .«jsr:c, cCu.uiering the latenesß of the seasou aud the amonnt of preliminary work that remaius to be doue it does not seem likely that uiuoh will be doue ou the new work before next spring. The committee appointed to get rid of Ihe 1,200 wooden beds displaced by the more modern iron beds that are being installed could do little more than report piogresiS. With the excep tion of a few beds disposed of to poor districts, here'and there, the beds are still at the institution. The conclu sion was readied yesterday that to comply with the law the beds will have to be advertised for sale and sold for what they will briug. There will no doubt be birgains for some one, as the beds are a first class article -made of walnut wood and equipped with a speoiai spring, whioh combines dur ability and the other qualities that go to make an easy bed. Fine Piece to Concrete Work. | The doable box onlvert ou the P. & K. Railway east of the station will be completer) in a few days' time. Yes terday afternoon work was began ou ooncreting the top of the eastern aod the last of the two colverts. The doable box culvert as it approaches completion begins to show op as the finest piooe of concrete work ever con structed in this section. * Not only are the walls of the double oolvert of concrete but the roof of each division is of the same material. First of all the top was covered with railroad iron, twenty-eight feet long. It required just 103 of such rails paral lel with the direction of the track and about a foot apart to reach from the northern to the southern end of the calvert. A form is constructed under the tails on which the concrete is built. The latter attains only a foot or so of thickness aud as it solidifies re-enforoed by the railroad iron,which is entirely conoealed, it becomes cap able of sustaiuing almost any weight. The struoture described will have almost a mountain to support. The top of the culvert Is only some twelve feet from the ground. All the rest of the big washout to the track overhead will have to be filled up. Some idea of the gap to be filled can be obtained by reflecting that the length of the double culvert, which forms the base of the embankment, is just 133 feet. Frum this width at the bottom the embaukmcut built up will taper to the width uf a single track on top. Engineer Yetter of Gatawisaa who planned the culvert estimates that it will require five hundred oar loads of slate and coal dirt to complete the job, all of whioh will be shipped here from the coal regions. Smith & Campion of Mahanoy City yesterday stated that they expect to be off the grouud by this time next week. Fixing Track for Winter. The Dauville aud Snnhury Street Railway Gompauy is fixing up its line Yesterday men were employed in filling up the track on the approaoh to the iver bridge on the South Side. The ground had be come washed out from the temporary crib work of ties used to support the track on the unfinished approaoh. As repaired the track is not only in bet -1 ter condition for the trolley but it forms a sinoth and easy walk for pe destrians, who are wholly iudoated to the trolley company for a safe aud convenient means of getting up and down over the treacherous approaoh. As winter approaches the warm aud easy riding trolley oar iB much in do maud amoug persons who have oc casion to cross the bridge. The car does good business, not only amoug persons who meet trains on the South Side but also amoug those who visit . the Hospital for the Insane. ' There will soon be a lannchin Gubernatorial boomlets. Alieady a i number of "dark* horses" are being groomed. SCHOOL BOARD _IN_SESSION The use of the High Sohool room was granted the County Snperinleud out Tuesday for the anunal County Institute,whioh will begin on Decem ber 4th. seems to be the sense of the Sohool Board that the Connty Institute as coudnoted is of rather donbtful utility to the town sohools. the program be ing shaped too mnoh to benefit the country schools without any special provision for the town sohools. Ac cording to their idea the Borough Superintendent should assist in ar ranging the program,a privilege which at present is not accorded him. The matter was discnssed with a good deal of warmth, several directors advocat ing that the Borongh disoontiuue hold ing institute with the oonnty. It was put to a vote, however, and lost,after whiuh on motion of Mr. Pursel the tfae of the High Sohool room was granted to Oonnty Superintendent Derr for the holding of the Institute as above stated. The Truant Offloer presented his re port (or the seoond month of Bohool, which showed that 110 pupils were oot of sciiool owing to sickness; there were 12 trnauts: 4 were detained at home for want of suitable clothing. Twelve notices were sent out. On motion of Ur. Orth the Supply Committee was instraoted to procure five haudred sponges for nse in the school. On motion of Mr. Parsel the Print ing Oommittee was instraoted to ge ne re the printing of 300 agreement blanks to be used when teachers are employed. On motion of Ur. Barns it was de oided that 25 copies of Pollard's Prim ers be ordered. On motion of Mr. Barns it was or dered that Professor Shaw be request ed to resume his position Principal of the Third Ward school on Monday, November 20th. Treasurer Sohram presented a state ment of finances to date, which show ed a oash balance on hand of 111,847.- 05. The following members were pres ent: Adams, Orth, Heiss, Pursel, Harpel. Grone,Fischer, Barns, Tram bower and Werklieiser. The following bills were approved for payment: Miles Walsh $ 2.00 A. J. Nystron 11.25 Remington Type Writer Oo 7.20 O. M. Leniger 7.50 U. S. Express Oo 1.60 Water Rent 56.00 Standard Gas Oo 1-60 John Bruder 2.85 Isaac Pitman 56 U. L. Gordy 1.69 Death of Richard rietherell. After enduring a painful illness of eight weeks, Riohard B. Metherell died Tuesday morning at 10 o'clook from^abcess. Notwithstanding the faot that Mr. Metherell has been very ill for some time his death oame as a severe shock to the community. The deceased was well known all over this section of the State, as his musical career had taken him into nearly every city aud town in ceutral Pennsylvania. He was a mnsiciau of exceptional ability and his services were alwayß in great de mand. Mr. Metherell was born in Devon shire, ttugland, forty-two years ago, and came to this country at the age of seven, settling with his parents, at Bloomsbnrg, where he lived until about seventeeu years ago, when he came to Danville. In addition to his many other music al engagements, Mr. Methorell was nntil he became ill, the leader of the Hospital orchestra ; also last winter he was professor of string instruments at Susquehanna University, Solinsgrove. The deoeased is Barvived bv a wid ow and one son, Qomer E. Metherell; also by his father, Thomas Metherell, of Bloomsbnrg ; two sisters, Miss Laura, of Bloomsburg; Mrs. James K t'sey, of Jameson City ; four brothers, William, of Willtamsport; A. W. Metherell, of Blossbarg; Albert and Thomas, of Philadelphia. The faneral services will take plaoe Friday morning at 9:80 o'olock from the family residenoe on Lower Mul berry street. The remains will be in terred at Berwiok. New 400 H. P. Engine Installed. The new four hundred horse power Corliss engine iu the Berwiok silk mills was Btarted np yesterday. F. Q. Hartmau was at Berwiok to witness the starting ap of the new engine. This big power generator makes it possible to doable the oapaoity of the Berwiok mills. It has a fly wheel fif een feet in diameter. Machinery has recently been installed at the Berwick plant that increases its capacity 20 per oeut. Aastin C. Uartman, who has until reoently been oonneoted with the Ber wick plant, has gono to Shioksliinny. Secretary of the Colonial Spinning Mill«, T. W. Cotter, of this oity, is | int. charge of the Berwiok mill ontil the arrival of the new man ager next Monday. Winter Weather. Conditions yestPrday seemed posi tively wiutry. The autumnal atmos phere passed a limit when it could not be appropriately termed "bracing it was positively chilly aud dii-agreeable and no one tarried oat of doors longer than neoeßsary. At the same time peo ple will be surprised to learn that at no time daring the daylight hours (lid merenry fall mach below iUTdegreea. THE UNION VETERAN LEGION Encampment No. 3i, Uuion Vetorau Legion, held its banquet at the City Hotel, Danville, la-t night. I'l.e 00- oasiou as is usual with these annual affairs proved a happy rouniou, in whioh tiiose who fought side by side met together to make merry aronud the banquet board,to recount the deeds of oamp and field and relate the ex periences of subsequent years in the less tragio, though hard fought bat tles of daily life. No one is eligible to membership in the Union Veteran Legion but snldn rs of the Union Army, Navy aud Marine Corps duriug the War of the Rebel lion, who volunteered for a term of three years and were honorably dis charged for any cause after a service of at least two continuous years or were at, auy time discharged by reason of wonnds.received in the line of uuty —provided said enlistment was pre vious to July 1, 1863. No diarted per son, no snbßtitnte.uor auy peison who at any time bore arms against the United States is eligible to member ship in the Union Veterau Legion. ' The membership of Encampment Nr. 32, U. V. L., whioh takes in Bloora"- burg and Danville.is therefore, neces sarily not large. The headquarters are at Bloomsbnrg. Charles S. Foruwaln, of that place is Colonel Commander and Dr. Jno. Sweisfort, of this city, Lieutenant Colonel. About a dozen members of the encampment came down from Bloomsburg on the trolley and were joined by about th« ssrss number of Danviiie members. The banquet was served at 8 o'clock, covers being laid for thirty. The meal was a very sumptuous affair, served in Landlord Moyer's usual tasteful and elegant styli. The menn: Panned Maurice River Cove Oysters, Roast Turkey and Cranberry Sauce. Sweet Potatoes, Cold Slaw, Cream Corn aud .VI ashed Potatoes. Salads. Fruit, loe Cream and Cake. Tea, Coffee and Milk. The following members of the en campment were seated around the tai.la: Charles S. Fornwald, B. F. Sharpless, Albert Herbiue, Jao. Kel ler, G. W. Mears, F. M. Gilmore, Lewis Oonen, R. O. Buckalew, O. S. Kurman, Kliai Utt.Theo. Mendenhall, of Blonmaburg; Joseph H. Johnson, P. G. Baylor, M. Breokbill, Michael Shires, William Minier, John Mo dure, Dr. Jno. Sweisfort, G. W. Mowrer, Dr. P. O. Newbaker, D. R. Eokmau, Charles Woods, J. P. Bare, of Danville. N. E. Mears, a member of the Sons of Veterans, aud John O. Rotter, Jr., proprietor and editor of the "Demo oratio Sentinel" and "Bloomsbnrg Daily" as guests,were also at the ban quet. Lewis Cohen was toast master. Nearly two hours were whlled away around the table. None of the mem bers had been oalled by death during the past year nor was there anything to sadden the occasion. [Story telling as usual was a taking feature and fun and merriment ran high. On parting the members agreed that the bauquet was by no means the least enjoyable of the eight or ten that have been held in the encampment's history. Gorgas Taken to Columbia. Constable A. V. Rogers, of Colum bia, Lancaster county, was in this oity yesterday to take oharge of Olaade Gorges, the fugitive from justice.who was apprehended near the Reading Iron Works, early Tuesday morning. Gorgas, it is alleged, made quite an unsavory record for himself at Colom bia, where lie is wanted for a series of bold robberies. Constable Rogers had in his possession three warrants for Gorgas, one charging him with felonious entry into a store and the laraeuy of five overooats. This crime was committed early in the morning of Ootober 20th., the burglar succeed ing in getting away with the ooats whioh were valued at |BO. Another warrant was for obtaining goods from Askin as Ream's installment store at Columbia under false pretense". In this instance, it iB charged, he gave a fiotitious name and had the goods charged. The third warrant was for highway toabery, committed nt Col ombia, in which Gorgas is charged with relieving his victim of a watch aud about two dollnrs in money. Gorgas has proved to be a very slippery oustomer. Constable Rogers was close on his track at Reading some time ago,but «a< enable to apprehend the fugitive. Constable Roger* leturned to Col umbia at 4:81 yesterday afternoon, taking Gorgas with him. The Improvements on A Street. The improvements oil A street, con templated by the Trolley Company, whioh have been looked forward to with interest by the property owners there,will be nuder way in a few days time and there seems to be no doaht bat that the work will be completed before winter sets in. Preparatory to beginuing the im provements proper, the contraot for which will be awarded in a day or so. tlie Trolley Uompanv is sinking a ter ra ootta drain at the lowest point, whioh is in itself a work of consider able magnitude. The drain, which is designed to oarry off the nurface wat er whioh comes down Nioholas Ave nue, will be souk under A street and the trolley track and thenoe skirting the railrnul eiuhhukment will empty inu the Hiewery ran at the big cul vert. The drain, which in length will lm snme two hundred feet, is already finiiliud fur a (iiatanoe of nearly fifty feet from the ore>k The pipe is be ing sunk at the depth of six feet. The fact that soientiflo methods of fighting the dan .lose soale are to be taught iu this couuty at the expense ot the Btate is good newt. COURT PROCEEDINGS The Coort Hoove bell rang at 9 o'clock Monday morning. The trav erse jurors were ou hand and the trial of cases was immediately taken op. Judge Staples keeps things moving and Monday's session was probably an object lesson to some revealiug how time can bo saved and business facil itated. In begiuuing tne coort an noonced that every joror aud every witness who is not present when call fd will be fined his or her day's pay. The attorneys were also notified that they are expected to be on hand when needed aud not to keep the court wait ing while I hey attend to other busi ness. As a result of all this by noon the second case wax on, the sentence following conviction in the first case was imposed and other business was disposed of. The first case attached was that of Commonwealth vs. William Myers.Sr., I William Myers, Jr., Anna Myers aod j Thomas Jarai s. This was a cross ac tiou iuvolviit K the charge of assaolt an 1 battery the other party to the contention being Edward Bark, sou of Patrick Burk. By agreement of coun sel tho above cases were sobmitted to one jary, the verdict to be the same a« it each case was tried separately. H. M. Hinckley and Thomas O. Welsh appeared for Bark and E. S. Gearhart as private counsel was associated with the district attorney. The affair oat of which fclm grew took place on last New Year's eve. Mrs. William Myers, her son William aud her father, Thomas James were walking up Bloom street. When opposite the Grove Ohorch William Myeru, Jr., in celebration of New Year discharged his pistol loaded with a blank cartridge. Myers and his mother allege that the pistol was dis charged iuto the gotter bot Edward Bark, who was passing, swore that it was fired at his feet and that at the same time the remark was made: "Shoot at that thing." Passing on for some distance he returned and ask ed young Myers what lie had said. It was here the troable began. Mrs. Myers corroborated by her son aud her father, testified that Bark choked her and her father. Burk declared that the revolver was held in front of his face, aud denied the choking. Later Mrs. Myers, her son aud her father wera joiued by William Myers, Sr., aud proceeding to their home ou Bail road street east of the Borongh accord ing to their testimony they were met by Bark,who renewed the alteroation, striking Thomas James over the head with a pale or picket, which he tore from the fence kuocking James down; Bark also, it was alleged, struck Wil liam Myers over the head twice.where upon the two men cliuohed and fell to the ground, where they were parted by Patrick Burk. who emerged from his hoase, which is adjoiuing or near the Myers home. The pale broken in two by the force of the blow was produced in Oourt as evidence. Bark in defense declared that it was only by a coincidence that he reached home just as William Myers aud wife, sou aud father-iu-law arrived.; that he found them standing there waiting for him, the men with their coats off, whioh Mrs. Myers was holding. Burk swore that the Myers coutingeut them selves opened the quarrel, striking him over the head with the pile,after whioh they "jumped him." The witnesses were Aunie Myers, Thomas James, William Myers, Sr., and William Myers, Ji. Edward Burk himself was placed on the staud. Other witnesses who testifi ed in his behalf were: Catherine Burk, Catherine McDonald, aud Pat* rick Burk. The case occupied hot little over an hour ami a half. Hon. H. M. Hinck ley ami E. S. Gearhart, who weut to the jury for their respective sides, were restricted to IS niiuute°. The whole case largely resolved itself into a question of veracity among tho wit nesses and the charge of the Ooart was brief and to tho point. The jury re tired about 11 o'clock. The twelve rnon returned at 11.45 o'clock. Ewdard Rurk was found guilty ot assault and battery on Thom as James and Annie Myers. In the case of the Commonwealth vs. Wil liam Myers, Sr., William Myers, Jr., Annie Myers and Thomas James the jury found in each CHSO the defendants uot guilty, plaoing the oosts upon the proseoutor, Patriok Burk. Edward Burk was called before the bar and apprised of the jury's verdict. Tho sent nee of the Court wai that Bark for each case in which he was fonnd guilty pay the oosts of prosecu tion, a fine of ten dollars or to give seoarity for tiie payment of the same within ten days and to stand commit ted ontil the sentenoe is complied with. Wlllittm Bingham, who pleaded guilty to a charge of laioeny,was call ed before the Court. Iu reply to a question from Judge Staples hn said fie was 6W years of age. Sentence was suspended nutil farther order of Court, Biugham being givou until next term to pay costs. The oase of John Seitz and Italph Hahu Wis taken np shortly after 11 o'olock. The oliarge was one of as sisting prisoners to break jail. Oar readers are geueially pretty familiar with the olrcu instances of the case. John Sees,fellow prisoner, was plac ed opon the stand. His testimony was substantially a reproduction of what he said at the hearing before Justice Oglesby. He related the circumstance of parties outside the jail visiting the prisoners and of overhearing the con versation at the back window. He was sure that one of the parties was kuown as Seitz and the other as "Toughy." George Urossley was the next wit ness. He was in jail at the time the attempt to escape was made. He identified the saws and frame used in sawing the bars. They were handed in the rear window ; he said, by John Seitz, whom he identified as oue of the defendants. The saws were receiv ed, he said, by Elmer Halderman,who stood iu the extended a broom across the corridor to the ow, outside of was stand ing. Seitz reaching in between the bars placed the saws upon the broom, after which they were noiselessly , drawn into the cell by Halderman. It j was not yet quitejdark, and he easily , recognized Seitz. I Offioer John Grier Voris was called to the stand. He has known both de fendants since their infancy. After the arrest he Hahn how long he had beeu known as "Toughy" and he replied: "Oh ten years or more." Sheriff Maiers described the attempt to break jail and identified the saws and frame Evan K. Evans, a th employ ed at James Lake's repair shop, iden tified the saw frame as one whioh he made during July or August. James Lake, proprietor of the shop, also Identified tlie saw frame, which, lie said, had bten ordered by John Seitz who was accompanied to the shop bv Ralph Halm—thst the saw was paid for by Saitz and was deliver ed to him. This was some two or three weeks before the attempt was made to break iail Ralph Halm was called to the stand. He denied that he had ordered the saw or that he ever knew that one was ordered. He denied that he was near the jail on the night of September 16, 1905, when the saws weie passed in through the window, bat endeavored to establish the faot that he was in Hloomsburg and Espy at the time. John Seitz was the next witness. He did not deny that he had ordered the saw of Lake, received the same and paid foi it. Halm, however, he declared, had nothing to do with the transaatiou, although he accompanied Seitz both when the saw was ordered and when it was delivered. To con ceal the transaction from Haun, Seitz alleged that on leaving the repair shop he adroitly hid the saw frame onder his coat. S9itz also declared that he himself was innoueut of assisting the prisoners to escape, hot. that he had caused the saw frame to be manufact ured at the instance of another, a stranger whom he met at the Nail Worss spring and who paid him two dollais for the part he played. He did not know for what purpose the saw frame was ueeded. Neither oonld he describe the strauger at whose m staune he had the saw frame made. Edward S. Gearliait represeuted Halm. Seitz heing without au attor ney the Court appointed Major U. P. Gearhart to defend him. The (Juari'H charge covered the gronnd very fulls and was olear and impartial. According to the evidenoe. Judge Staples said lie did not think the defendants could he brought in guilty under the first aud second cunts,but only under the third, whioh charged them with "furnishing instru ments to prisoners for the purpose of aiding them to escape." The jury re tired at 8:30 o'olook aud at the ad journment of oourt was still out. The next oase attached was that of Commonwealth vs. Francis Woli, the oharge being "Reoeiving stolen goods." The prosecutor is the Read ing Iron Company, whioh was repre sented by James Saarlct. HOD. Fred Ikfler appeared for the defendant. Superintendent Hecht of the Mon tonr Department of the Reading Iron Works, was the first witness. He iden tified fish plale offered in evidenoe BK those belonging ton switoh or sectiou of track torn up at the Danville Roll ing Mill and belonging to the Read ing Iron Company. Henry Miutzer, track foreman, was the next witness. He assisted iu tear ing up the track at the Danville Roll ing Mill and sal J the fish plite miss ing were placed on a pile. He identifi ed those in court as the ones used in the track that had been removed. Emery Heimbaoh, a repairsman on the P. & H. track, also identified the fish plate. E. L. Simmers, P. & R. Policeman, testified as to flodiug the Sell plato on Mm. Woli's premises, hidden nuder a pile of other iron inan old barn.whioh was kept looked. W. A. Persley, an other P. & R. Officer, testified to the same effect,as did also Oliief-of-Police Minoemoyer, who aconmpanied the P. & R. Officers on the searoh. Elizabeth Woll, mother of the de fendant, npon whose premises the fish plate were foaud, was oalled to the stand. She herself did not nse the stable. She oonld not say who owned the jonk, fonnd in the shop. The wag on kept inside belonged to her son. Fred Woll,brother of the defendaut, who boarded with hia mother, did not know to whom the jonk belonged. Benjamin Miller, jaut dealer,testifi ed that prior to a year ago he pnrohas ed a stock of jnnk from Franois Woll, whioh was kept in the old barn. This, however, he carted away. Mr. Ikeler's contention was that the defendant was not the owner of the jauk. The defense offered no testimony. Mr. Soarlet went to the jnry first and ; was followed by Mr. Ikeler. Eaoh oo oopied some twenty minutes and on NO 52 the homely nod nnpoetio subjeot of "fishplates" two of the most eloquent addresses were made that have been heard in the Court House for many day*. The Oourt charged the jar; and the latter retired shortly after fi o'olook. Joseph Gnsack, a boy nineteen yeara of age, accused of stealing coke from the Readiuglron Works,pleaded guilty to the oharge. Sentence watt suspend ed, the boy, who can neither read nor write,being plainly an objeot of maoh sympathy. Before discharging tha boy Judge Staples gave him some very good advice,urging him to try to learn to read and write to the end that ha may become a useful member of ao oiety. TUESDAY'S PROCEEDINGS. I The term of Court,which all thooght I would oocupy the entire week,is praoj | tically over. When Conrt oonvenea at 9 o'clock this morning, It will be | merely to receive the verdict of tha jury in the case of Commonwealth Tf. Elmer Halderman.which was still oot on adjournment last evening and to transact some other business carried over from yesterday. At half past 8 o'clook yesterday when the last caaa went on trial the Conrt disoharged all the jurors except those engaged. Tha oivil cases have all hoen continued. This has been rendered necessary. Judge Staples explaining,by reason of the fact that William Kase West, Esq., who is interested in all the civil cases exoept one, is confined to his home by illness with no prospect of being able to attend Court dnring the present week. Oourt convened Tuesday morning at 9 o'olock and business moved on at the same rapid puce that oharaoterized Monday's proceedings. The two jurist which retired on Monday were eaob ready with a verdict. In the case of Commonwealth vi. Francis Woll a verdiot of guilty on the second count was returned, bnt the defendant was recommended to tha meroy of tho court. Iu the above oase a motion for arrest in judgment and a new trial was granted returnable at the next term of Court. In the case of the Commonwealth vs. Johu Seitz and Ralph Halin, the jury fonnd Johu Seitz gnilty on the third count of the indictment, whioh related to furnishing instruments to prisoners for the purpose of aiding them to escape. JVilph Hahu was ao quitted. In the case of Seitz the Court pro nounced the following sentence: That John Seirz pay the costs of proseon tiou in the rase, a Hue of t..n dollars to the Commonwealth of Pennsyl vania, for the use of the county of Montour aud that he undergo imprison ment in the Eastern Peniteutiary in the City of Philadelphia at separate aud solitary confinement at labor for a period of two years to be computed from yesterday and to stand commit* ted until the sentence is complied with. The iudictment agaiust John 9eea, iu which the charge was murder, was quashed on motion of Edward V. Am eimau, attorney for Sees. Mr. Am ernian contended that the indiotmeut was illegal in that Mrs. Sees, wife of the defendant, had been permitted to testify before the graud jury and that in the eyes of the law the wife in suoh oases proves au incompetent wituesa. The District Attorney resisted the motion, explaining that the wife had been called to testify before the Orand Jui.v contrary to his counsel and thai he had prepared a second bill In whioh the wife's testimony WAS eliminated and which the grand jury the same week returned as a true bill. The first indictment the District Attorney aik ed the Court to quash. The Court took the view that inas much as the seoond indictment was re turned by the same grand jury as the first, that if oue was irregularly ob tained (whioh seemed to be admitted) the other also was, as the impression made upon the minds of the Orand Jurors by the wife's testimony when the first bill was presented necessarily lingered aud had its effect when the seaond bill was acted upon. The Court therefore, granted Mr. Amerman'* motion and declared the indiotmenl quashed. Au order, however, was made by the Oourt holding John Sees in onstody nntil the Distriot Attorney has an opportunity to present another iudictment. David Barrett, who with Blmer Halderman was indicted for assault aud battery with intent to rob aud as sault and battery with intent to kill, committed at W. H. N. Walker's ho tel on the 3rd of July last, pleaded guilty. The case therefore went on trial with Halderman alone as de fendant. He was represented by Thom as O. Welsh, Esq. All the circumstauces attending this case have been fully aired la these columns. The task that devolved up on the Commonwealth was to establish the identify of Barrett's acoomplioe on the night of the attack as Elmer Halderman, the defendant. The fol lowing witnesses were called by the Commonwealth: W. H. N. Walker, Richard McCormiok.Clarenoe Ephlin, Arthur Walker, Samuel Haas, George Crossloy and Officer .Tilin Grier Voris. The most of the witneses thought they saw a resemblance between the man who accompanied Barrett and Elmer Halderman,the defendant. There was. however, an absence of direot testi mony. The defendant relied upon an alibi to establish his innocence. Being oall ed upon the stand he described in de tail his movements on the night of July 3rd. He spent the time he said. (Continued on 4th page.)
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