DANVILLE INTELLIGENCER
vol,. LXXVII.
ff. J. BURNS
ELECTED CHAIRMAN
Tho school board of lttOtt-7 organized
Tuesday eve, all the old officers being
re-elected with the exception of Hob
ert Adams,chairman,who retired from
the board. \V. J. Burns was made
chairman for the ensuing year.
The old board went into session at
7:30 o'clock with all the members pre
sent as follows: Adams, Ortli, Ilarpel,
Burns, Pursel, Hariug, Werkheiser,
Vonßlohn, Fischer,Trumbower, Ileiss
and Grone.
Mr. Ortli read the annual statement
of the school district as well as the
auditor's rejiort. The annual report
of the district was accepted, after
which it was ordered to bo signed by
the proper officers and forwarded to
Harrisburg.
On motion of Mr. Trumbower a vote
of thanks was tendered to Robert
Adams, the retiriug-presideut, for the
courteous and efficient manner in
which he presided over the school
board. Mr. Adams in acknowledging
the vote of thanks took occasion to
ay that the past year, during which
he occupied the chair, was one of the
most pleasaut of his life due to the
harmony prevailing iu the board and
the courtesy that was extended to him
by the individual members A vote of
thanks iu succession was extended to
the secretary, Mr. Ortli,the treasurer,
Mr. Scliram, each of whom made a
nice little speech in acknowledgement.
Lastly the AMERICAN came in for
a vote of thanks for the careful and
accurate manner in which it presented
the proceedings of the school board
during the year.
A few minutes after 8 o'clock the
school board adjouruecl sine die. The
retiring members withdrew, after
which Mr. Burns was called to the
chair as temporary president. Mr. Ortli
was chosen temporary secretary, after
which the credentials of the newly
elected members were presented. The
oath was then administered to the in
coming members by A. 11. Grono as
follows: J. W. Swartz, first ward ;J.
N. Parse I, second ward ; Jacob Fish,
third ward ; I). A list Lutz,fourth ward.
Mr. Pursel nominated William .T.
Burns to be ]>ormanent president. Dr.
Harpel seconded the motion. He was
unanimously elected.
On motion the salary of the secre
tary was fixed at the same figure as
last year.
Mr. Trumbower moved that W. 11.
Ortli bo elected as secretary. Mr. Fisch
er seconded the motion. Mi. Ortli was
unanimously elected.
On motion the salary of the treasur
er was fixed the same as last year.
Dr. Harpel nominated M. H. Sell ram
for treasurer. Mr. Fischer seconded
the nomination. He was iinauimoitsly
elected.
On motion it WHS decided tlmt RALPH
Kisuer be re-elected as solicitor at the
same salary, fifty dollars per year.
On motion tho meeting nights were
fixed the same as last year—the second
and fourth Mondays iu the month.
The subject of tax rate occupied the
board for half an hour ami was very
thoroughly discussed. It seemed pretty
clear to the members that six mills,
last vpar's tax rate, is not high enough
to meet the running excuses of the
schools and to reduce indebtedness as
required by law. On motion of Mr.
Haritig it was ordered that the tax
rate be raised to seven mills—6>fj for
school purposes aud % mill for build
ing purposes.
Ou motion of Mr. Fischer it was
ordered that the board subscribe for
eleven copies of the "Pennsylvania
School Journal."
On motion it was decided that the
coming school term be nine months
long. On motiou of Mr. Trembower
it was decided that the school term
begin on tho first Tuesday iu Septem
ber.
Ou motion it was ordered that tho
annual statement be printed in the
same papers as last year at tho same
price
On motion of Mr. Fischer it was
ordered that the election of teachers
take place on Monday night, June 35th.
To Have Auto Circus.
John T. Welsh,the well known show
man, is to be manager next season of
a circus that will travel exclusively in
automobiles. A company having $*200,-
000 capital has been formed in Phila
delphia to finance the enterprise and
special motorwagous will be built to
haul the paraphernalia and animals.
No horses will bo used except those
that take part in the performance.
Tho cost of transportation by this
unique method will be reducod to a
minimum, whereas the great expense
of traveling from town to town by
rail, as well as the many delays oc
casioned and for extra railway cars
and additional horses, make the plan
indeed look feasible. Twenty of the 1
motor cars will lie built as cages for
the menagerie, one for the caliope and
two for tho musicians. The remainder
will be used tor transporting the par
aphernalia and the circus peoule. The
entire outfit forty cars in all, will bo
so constructed that they can be turned
into tableau wagons for parade duty.
The advauce brigade will also travel
by the Hame method.
A special feature of the project which
appeals to the promoters is that inland
towns that are not near a railroad can
be visited. There are very many such
places in the south, where railroad
facilities are inadequate to handlo a
big show and many exhibitions are
missed as a consequence. Winter
quarters are to bo establised iu Phila
delphia and the company will recon
struct the Welsh Rrothers 1 show iu ev
ery particular.
JOHN SEES !S
NOT GUILTY
John Sees, charged with murdering
his child, whose case wont on trial
Friday afternoon, was found not guilty
Saturday afternoon,the jury being out
only forty minutes. The evidence was
wholly of a circumstantial nature and
seemed to lack the qualities either to
secure conviction or to cause a divis
ion in the jury.
At I) :80 o'clock the defense opened.
The lirst witness called was Dr. Sid
! ney Hoffa. On November I, 1908, he
was called to the Sees home by the
acting coroner to examine the dead
body of a child, which was thought to
have been foully dealt with. Dr. Uotl'a
swore he found no marks of violence
to justify such a suspicion and made a
report to that effect to the coroner,
lie found no evidence fhafc the skull
was fractured. Marks or discoloration
on a dead body such as found on the
back of the child's head, might be due
to coining in contact with hard subst
ance.such as lving upon board. Found
no marks of violence on body.
'Squire Daniel Rauk,acting coroner,
was the noxt witness. He was with
Dr. Hoffa when tin- latter examined
the child and upon receiving the phy
sician's report decided that an inquest,
was not necessary.
Dr. P. C. Newbaker was examined
as an expert. The danger ol' death is
increased ho said, where instruments
are employed. Injury on the child does
not always show on the surface. In
ward convulsions might result in vom
iting such as described in the case.
Discoloration on dead bodies frequent
ly appears very soon after death.
Mrs. John Sees, mother of the de
fendant, was the next witness. She
called at hor son's home four days af
ter the child was born. The child then
seemed to be in a bad way, a notice
able symptom being a very offensive
breath, which in her opinion was un
usual iu babes.
David Foust, former employer of
John Sees, was called to show that the
defendant was devoted to his family
and that about the time of the child's
birth he was in the habit of walking
livo miles morning and evening so that
he could be with his wife.
" At 10:45 o'clock Charles V. Amor
man for the defense went to the jury.
Ho emphasized the fact that the testi
mony was circumstantial in its nature
and cited oases to illustrate the fatal
error that might be made by being
governed by such testimony.
He was followed by District Attor
ney C. P. Goarhart, who handled the
case very skillfully, endeavoring to
show that the evidence,although large
ly circumstantial, fixpcl the guilt, up
on the defendant bpyoml a reasonable
doubt.
At 1:80 o'clock Judge Kvins deliver
ed his charge, which made the course
for the jury to pursue very plain. Ho
proceeded to explain the law applic
able to the case, defining murder in
first and second degree and mauslatigh
tor as in the case of the Common
wealth vs. Peter Dietrich. In tho first
place it remained for the jury to de
termine whether a murder had been
committed or in other words whether
death had ensued from injuries inflict
ed by some one, and if so, whether tho
injuries had been inflicted by the de
fendant, with malice and intent. If
this were so it would be for the jury
to determine whether it was murder
in the first or the second degree. If
the jury found that the injuries were
inflicted without malice or previously
formed intent then the jury might find
a verdict of manslaughter.
The jurors wore instructed that cir
cumstantial ovScience is competent
evidence.
The case was given to the jury at 2
o'clock. The fact was appreciated that
they had ;> difficult problem i" contend
with and an early verdict was not an
ticipated. Great was the surprise,
therefore, when at 3:40 o'clock the
jury came in with a verdict. By that
time the court room was pretty well
cleared of spectators. As Sees was
brought down from jail lie was follow
ed to the courthouse by a crowd of
curious people anxious to hear the
verdict.
Sees entered the court room a little
in advance of the sheriff with a quick
and impatient step, his face,generally
inexpressive, for the first time reveal
ing something akin to real suspense
aud anxiety.
As the verdict of "not guilty" was
announced a broad smile stole over
Sees' face,his whole manner instantly
changing. A minute later, with a
quick and alert step, ho followed the
sheriff out of the court room and his
long confinement of nearly a year was
praot ically at an end.
Castle Grove (iolf Links.
P. K. Mans, who has charge of Castle
Grove estate, yesterday stated that all
tho farms are looking exceedingly
well. As thegis however, are in the
hands of careful tenants, at present
they make no demands upon Mr.
Mans' time.
About all just now that needs look
ing after in connection with the man
sion are the golf links. These with
such help as is at his command Mr.
Mans is trying to keep in good condi
tion for uso. It. proves a heavy task,
however, and keeps two men busy all
the time. Tho golf links contain
twenty-five acres which have to be kept
closely mown. Weeds are not permit
ted to gain root and these as fast as
they appear have to be pulled up. Ev
ery foot of the twenty-five acre tract
has to be mown with a lawn mower
and ou only a portion of it can a horse
be taken. Tho result is that for many
days at a time the mower has to he
operated by hand,which makes the job
slow and wearisome. Mr. Mans said
that in order to keep the links in first
class condition at least four men should
lie constantly employed. The golf links
at Castle Grove are the only ones to
be found in this section and iu many
respects are the finest in this country.
- Mrs. Rcnnett is in Europe, but in a
short time some New York poopie are
expected at Castle Grove, who are ex-
I pert golf players and want to make
I good use of tlx; grounds.
Any Box Will Do.
Patrons of rural free delivery routes
will, hereafter, be allowed to provide
any boxes which they desire fur their
mail, instead of the patented boxes
heretofore required by the post, office
department which are rather expen
sive on account of the patent. An
amendment to the post office approp
priiftiou bill, to this effect was passed
by the senate on Tuesday.
-PLKDGKD BUT TO TBUTH, TO LIBKBTT Ajn> LAW—WO FAVOR BWAYB DS AH» B* FMAM BHALL AW*."
DANVILLE* MONTOLII COUNTY. PA., FRIDAY, JUNE 8, 100(5.
THE DIOCESAN
CONVENTION
WILLI A MSPORT, June 6th.—The
second annual convention of the Har
risburg diocese of the Episcopal church
began its sessions in Christ church
last evening. There were many peo
ple present. The representation of
clergy from the various parishes of
the diocese is large. A brief business
session was held and the annual ad
dress by the Kt. Rev. James Henry
Darlington,bishop of the diocese, was
the principal feature of the session.
Bishop Paret, of the diocese of Mary
land, also delivered an address, which
was most pleasant and interesting.
The full vested choir participated in
the service. At the conclusion of the
service a reception was tendered the
visiting clergy and other guests at the
resideuce of Bishop Darlington.
Nothing was transacted during the
business session that would be of i_u
terest to the public. Bishop Paret's
address was enjoyed exceediugly,espe
cially by the older members of the
church. He referred principally to his
relations with the Christ church par
ish, when he served as rector. He
mentioned many of the former leaders
and officers of the parish, tolling of
his pleasant relations with them.
The address by the bishop was one
of unusual inspiration and iustructive
noss. He gave a review of what had
been accomplished in the new diocese
since its organization. Of the parish
officers who died during the past year
he spoke feelingly, giving a number
of glowing tributes. He talked of the
great need for more earnest work in
the Sunday school department. He re
ferred lovingly to Dr. George C. Foley
the former rector of Trinity church.
He laid special stress on the work of
the different rectors all over the dio-
The reception at the home of Bislioj
Darlington was a delightful one in ev
ery respect.. There were about five
hundred people present. They were
all afforded the opportunity of meet
ing bishop and Mrs. Paret. This wa»
Mrs. Pa rot's first visit to this city.
The entire house was opened to the
guests and the affair proved to be out
of the most pleasaut social functions.
Refreshments were served during the
evening.
The convention canto to a close with
tho session this morning, ending at
12 :30 o'clock. Tho business was dis
posed of iu a rapid maimer. Several
iiddroHses were made by different
clergymen and lay delegates. Tho con
vention opened at 9:80 o'clock. Holy
communion was celebrated by Bishop
Darlington at 8 o'clock. He was as
sisted by the Kevs. \V. Northy Jones
and E. N. Stebber. •
At tho business session the Rev. Mr.
Baker presented a report of the canon.
There were forty-three clergy and
sixty-one lay delegates present, rep
resenting twenty-four parishes and
five organized missions. The follow
ing wore elected as the lay members
of the standing committee: Ivanhoe
S. Hnbor, Shantokin; H. B. Meredith,
Danville; 11. N. North, Columbia ; B.
F. Myers,Harrisbnrg,and F. N. Page,
[of Williamsport. Reports were receiv-
Ed from all officers and committees ot
the diocese. The convention sat as a
board of missions as W. F. Reynolds
read a report of the board of manag
ers. Dr. Rreod, of Lancaster, read the
report of the deaf mute commission.
The Itev. TJ. 1«\ Raker read his report
as general missionary.
The report of the llarrisburg Church
man was received. For support of the
paper .$l 10 was subscribed and a num
ber of the laymen enrolled as guaran
tors. The advisory committee of the
Curchman was elected as follows: L.
R. Aldrich, llarrisburg; W. Hay ward
Myers, William sport.; 1. S. Huber,
Shamokin; Charles M. Clement, Suu
bury; Mrs. J. W. R. Rausman, Lan
caster; Mrs. Edward Aliny, Williams
port. and Mrs. Jeremiah Rlack, York.
After the offering of numerous resolu
tions the convention adjourned. At
the conclusion the ladies of tho Christ
church parish served luncheon in the
parish house to the clergy, lay dele
gates and other visitors.
Young People in Runaway.
A runaway accidout occurred on
Church street Sunday eve, iu which
several young people narrowly escaped
injury.
George Maiers, Jr., and John Dau
ner came over from Shamokin to spond
Sunday in Danville. With two lady
friends in a barouche they enjoyed a
ride to Washingtonville and were re
turning when the accident occurred.
Arriving at Church street they stopped
at one of tho residences. Just as they
were about to resume their journey
tho team made a sudden start. Mr.
Danner managed to seize one of the
horses, hut was unable to hold him
and was dragged along by the team.
Meanwhile oue of the ladies who still
remained in the carriage, seeiug that
a runaway was inevitable, jumped out.
She fell upon her bauds as she struck
the grounfl, but escaped injury.
Ry this time tho horses wholly es
caped from Mr. Danner, who was
thrown against a hitching post and
painfully injured about the shoulder.
Tho team dashed along tit breakneck
speed, but bad not. procerded far when
frll e barouche ran into the gutter and
overturned. At this juncture t lie ho rues
became doubly frightened and begun
to strugglo violently with the result
that in less than a minute they had
wholly separated themselves t'r •; the
carriage and ran down the street. In
the vicinity of Church the Lower Mul
berry streets they woro caught. The
end of the tongue and the double tree
of the carriage were broken, which
seemed to be about, the limit of the
damage doue to the vehicle.
Allentowu's population according to
; the lastest directory,just issued is 44,-
318.
i DIETRICH JURY
DISAGREES
The jury in the case of Common
wealth vs. Peter Dietrich was uuable
to agree upon a verdict. With thecou
sout of the defendant, a juror was
withdrawn and the case was continu
ed to September term of court. The
jury was out thirty hours, from noon
on Friday until Saturday evening.
When court convened Saturday morn
ing the twelve men filed into the court
room and took tlieir seats in the place
allotted to the grand jury. The twelve
men looked weary and careworn. The
large audience that bad already as
sembled seemed to anticipate that thero
was a disagreement so that, the deop
seated interest and suspense was ab
sent that would otherwise have been
noticeable The court directed the
sheriff to produce the defendant iu
court and in a few minutes Dietiich
appeared and took his accustomed
seat. Ho too seemed to have divined
that there was a disagreement and his
face bore ovideuce of 110 very marked
degree of suspense or anxiety.
Theodore Doster, foreman,arose and
addressed the court. Ho explained that
the jury found it impossible to agree.
They had also discovored.be said, that
one of tlieir number was a member of
the grand jury that acted 011 Diet
rich's case.
His Honor, Judge Evans, informed
the jurors that their lisagreomont did
not constitute a cause that would
justify him in discharging them at
that time and he directed them to re
turn to their room aud continuo their
deliberation.
At thin point Benjamin L. Diehl,
0110 of tlio jurors, whose chilil was to
bo buried during Saturday afternoon,
asked the court whether it would be
possible to got oil' for the day. Judge
Evaus promptly informed him that it
would be impossible to get off at that
stage.
Theodore Doster had still another
word. As the twelve men rose to their
foot he-remarked: 44 Your Honor,those
boards are vory hard, over in the jury
room." Jndgo Evaus appreciating the
pleasantry, replied, smiling: ,4 I have
no doubt of it, but I do not see any
remedy."
With this the twelve men filed back
to the jury room and Dietrich was
taken back to jail. Twelve o'clock
came and went and the hours of the
afternoon sped away without bringing
any agreement.
At 5 :I5 o'clock the jury again re
turned and reported in positivo terms
that it could not come to an agree
ment. Dietrich as in the former case
had boon brought down from jail to
hear the jury's report. In view of all
the circumstances, after due delibera
tion it was agreed between the court
and the defendant to withdraw a juror
and to continue the case. The proceed
ings with tho order of court, which
are a matter of record, are as follows:
Commonwealth vs. Peter Dietrich,
C). & T., Montour county. Charge
murder.
Now, June 2nd, 1900, at 5:30 p. iu.
it appearing that tlie jury in the case
lias deliberated thirty hours and in
Htill unable to agree upon a verdict;
and it further appearing that since the
submission of the case to the jury,the
child of one ol' the jurors has sudden
ly died; and it also appearing that
Hiraiu Sandel, a juror impaneled in
the case, was a member tit' the grand
jury which passed upon and returned
the bill of indictment upon which this
defeudaut was tried, and the jury re
questing to be discharged, as hopeless
ly divided;
Therefore,the defendant, Peter Diet
rich, hereby agrees that the court may
withdraw a juror and continue this
case over the term.
Peter Dietrich.
W. Kaso West, Witness.
Question by the court: —"Peter Diet
rich, defendant, are you willing that
a juror iu the trial of your cause be
withdrawn and your trial postponed
until September term of this court,
190fi, when your case shall be tried be
fore another jury?" Answer of Peter
Dietrich :
"I am,"
Peter Dietrich.
Commonwealth vs. Peter Dietrich,
Oyer ami Terminer. Montour county,
No. 1 February Term, 1906. Charge
murder.
Now June 2, 1906, it appearing that
the jury empaneled and trying the
above case and deliberating for thirty
hours is still unable to agree upon n
verdiet; and it further appearing to
the court that sinco the submission ot
the case to the jury a child of ouo of
the jurymen has died; and it also ap
pearing that Hiram Sandel, one of the
jurors empanolcd in this case, was a
member of the grand jury which pass
ed upon and returned the bill of in
dictment upon which this defendant
was tried ; and it**fnrther' appearing
that the jury had conn- into open court
and requested to be discharged,for the
reason that they are hopelessly divided
with reference to what their verdict
should be; and it further appearing to
the court that the dofendaut, Peter
Dietrich,has consented in writing and
in open court that a juror "should be
withdrawn and the cause continued
over for the term; —Benjamin *L.
Diehl, a juror, is accordingly with
drawn and the case continued over tlii*
teriu. By the Court.
The twelvo nieu sitting in the case
wore : Thomas Reifsuyder, Ralph Loig
how, William L. Whipple, Gideon
Hartman, Henry Wireman, B. L.
Diehl, Theodore Doster, Georgo B.
Jacobs, James V. Gillaspy, William
Smith, Andrew Kelly and Hiram
Sandel. That they were much reliev
ed when they learned that they were
to bo released goes without saying.
Five minutes after they emerged from
the courthouse there was hardly n
juror to he seen, each having made a
direct line for his own hearthstone.
It is rumored that iu t.)ie final dead
lock the jury stood, live for acquittal,
and seven for second degree murder.
At no time was tirst degree murdei
considered. At tirst. it is said, there
were only four for second degree mur
der, eight favoring acquittal.
FEW TAKK WARNING.
The demoralizing and degrading of
fects of evil habits receive frequeul
illustration in the .conduct of thoii
victim*. N » v it is a congressman win
gambl • iv Ills siih«tanne and thei:
take owu lift ami uow ii i> .
former public servant who finds him
self iu pri.M»n I >r some minor offeusi
( Ommit.hMl while under l!.o effect o
Uquor T i!) '.. • at the pre ill 11 ill
in the •. .i »wn j.til .i former Con
nellsviiU- • •uicilman, who has beei
there before and whoso friends are nov
tryiug to get hi in out under promisi
of putting him in an institution fo
the reclamation of inebriates. It's i
•ominou story, but few take warning
OFFICERS MADE
WHOLESALE ARRESTS
James Faliey, a D. IJ.& W. railroad
detective of Serauton,appeared iu this
city Tuesday morning and accom
panied by Officers Mincemoyer and
Voris started 011 the trail of several
parties accused of stealing iron from
the D. L. <& W. cars.
The iron was taken 011 or about Satur
day night and amounted to 2(100 pounds
with n value of #3(l. The iron stolen
was scrap iron anil belonged to Ben
jamin Miller,junk dealer,of this city.
It was, however, in the custody of ti e
D. X. & W. railroad company and the
latter being responsible for its safety,
of course, are the prosecutors.
The case was well worked and when
the detective with the local officers
started out about 11 a. 111. yesterday
all the evidence was at hand and all
the officers had to do was to gather iu
tlieir men. They however, had a long
aud weary chase of it, which, under
the oppressive heat, prevailing, bo
camo all the more fatiguing.
About the middle of the afternoon
they roundod up three of the mou
wanted aud proceedod with them to
the office ot Justice of the Peace Og
lesby, whoro they were duly arraign
ed. The information, made by officer
James Faliey, set forth that on or
about Juno 3rd at the furnace siding
of the D. L. & W. railroad Joseph
Reed, Frank Lynn and Charles Ash ton
did steal, take and carry away scrap
iron in the quantity and at the value
above named.
Lynn and Ashton acknowledged their
guilt before the justice, but Rood pro
tested his iunocouco declaring that he
had bought the iron of the other two.
The justice, however, decided to hold
all three for court and fixed bail at
S2OO each. None of them procured
bondsmen and in default of bail were
committed to jail.
The officers thou started out for the
seeoud roundup. This trip resulted in
the capture of but one man, who was
also arraigned beforo Justice Oglesby,
although the information lodged (rail
ed for two. Tho individual captured
was William McCauu. His hail was
likewise fixed at S2OO. A bondsman,
however, was not forthcoming and
McCann joined the three other accus
ed in Fort Maiors.
James Fahoy is one of the most skill
ful officers in tho employ of the D.
L. So W. railroad company. He was
one of the two men who so adroitly
effected tho capture of the jail-break
ers who escaped from Blooomsburg
last mouth. To a representative of the
American Tuesday Mr. Fahoy describ
ed how the capture was effected. Con
nor, he said, is a most desperate man.
He would have killed the partuer of
Mr. Fahoy had not the latter by a
well directed blow with his blackjack
knocked the revolver out of Couuors'
hand just at the moment he was about
to shoot.
Mr. Fahey's experience in this city
Tuesday was unique. He was look
ing over the different junk shops to
see if he could detect any of the miss
ing scrap and happeuod to be at Ben
jamin Miller's place just when Heed
brought a load of tho iron there to
sell. This was a coincidence in itself
but it was less odd thau the faet that
the iron which Reed essayed to sell to
Miller already rightfully belonged to
the latter aud had been purchasod at
Light Street, from which point Mr.
Miller had loaded it ou the cars and
consigned it to Curry & Co..this city.
An karly Morning Sight.
Will G. Kramer, clerk at tho Mon
tour House, about 5 o'clock yesterday
moruiug was rowardod for early ris
ing by seeing the straugost of battles
—a fight botwoon a weasel and a flock
of sparrows.
Mr. Kramer's attention was first at
tracted by a loud and excited chatter
ing of birds on Mill stroot just op
i posite tho hotel. Looking out he saw
a flock of sparrows numbering at least
a hundred, which woro making reloiit
! less war upon somo object on tho brick
pavement. This object Mr. Kramer
i discovered to bo a woasol, which siugle
haudod, was no match for the swarm
of spiteful little foos. which were as
i sailing him on every side aud tho best
ho could do was to crouch along the
I curb seeking such protection as he
could find. In this way with tho birds
swarming around him, darting down
upon him ovory moment aud chirping
shrilly and incessantly tho noxious
animal mado his way across the street
i and sought sholter beside tho step that
loads into the Montour House on the
Market street side.
Here crouchiug into a coruer close to
the house he ondeavored to ward off
tho sparrows, but the birds, with more
uoise and added ferocity made a grand
. assault and succeeded in dislodging
II him. The weasel, still pursued by tho
I birds, mado a dash for the alleyway
| between the hotel and Dr. Oglesby's
residenco. The space under the door
i was just large enough to admit the
' weasel; the sparrows, it seems, did
J not care to follow into such close
i quarters, and they gave up the fight.
j
L Barn Struck by l.ightning.
The baru on Jacob Diohl's farm, at
' Cross Rpads, a mile audga half from
r Exchange, was struck by lightuiug
' yesterday afternoon.
* | The bolt shattered one corner of the
1 building aud set it on fire, but Mrs.
r Diehl aud a boy, who lives ou the
3 farm, extinguished the flames before
k they did any damage. None of the
! stock was injured.
TAX RATE
EIGHT MILLS
The borough tax rate has been fixed
at 8 mills for the coming year. The
matter was brought up at the borough
council meeting Friday night by Mr.
Vastiue, who stated that 8 mills was
the tax rate adopted last year and that,
it was found adequate to meet all ex
penses. He suggested that with the
practice of a little economy the rate
will be found sufficient for the present
year. On motion of Mr. Vastiue,
therefore, seconded by Mr. Sweisfort,
8 mills was adopted as the tax rate.
On motion of Mr. Diet/ it was de
cided to extend a vote of thanks too.
11. Ostrander for the gift of an old
map of the borough containing vain
able data.
On motion of Mi. Boyer it was ord
ered that a car load of No. 2 vitrified
brick be ordered from the Geise Brick
Co., Williamsport, to be used in lav
ing street, crossings.
Borough Solicitor Gearhart. called
the attention of council to the need of
a new ordinance book. The issue of
18D7, he said, is exhausted and practi
cally out of print. Besides this a great
many borough ordinances of the most
important character have since been
enacted and have never been printed
iu practical and accessible book as is
contemplated by law. On motion of
Mr. Vastiue it was resolved that the
borough solicitor under the direction
of the committee on ordinances bo
duly authorized, empowered and di
rected to properly compile, prepare
and index for the proper printing in
the usual book form all t lie ordinances
of the borough of Danville now in
force and effect as well as to oversee
and correct the printing of such book.
On motion of Mr. Russoll it was
ordered that the street commissioner
ho instructed to remove the couplings
from the worn out and disused host
and to sell the latter for junk.
A petition was received asking t hat
the sewer be extended up Front street
from Ferry to Church street. Follow
ing are the signers:
Julius Heim,house and factory, Mrs.
Lillio M. Purpur, E A. Adams,
Thomas A. Delany, John liixson and
Mrs. A. M. Gearhart. On motion of
Mr. Kussoll it was ordered that Front
street be sewered as the petition ( ail
ed* for.
On motion of Mr. Vastine the street
commissioner was instructed to notify
property owners to trim timir trmu
where these obstruct the light on the
streets and if owners fail to comply to
euforco tho ordinance by having tho
trees trimmed at the owner's expense.
The following members were pros
out: Gibson, Vastine, Boyer, Swois
fort, Russell, Angle. Hughes, Deity,
aud Bedea.
Strucli By Lightning.
Miss Bird, daughter of Rnfus Bird,
j May berry township, was badly shock
od with lightning during the heavy
shower ou Tuesday afternoon. She
was stricken to tho earth and for
awhile it seemed that hor case was
hopeless,but in course of time by dint
|of persevering effort she was finally
revived.
The affair occurred while Veterin
arian J. J. Kline of this city was at
the farm. The veterinarian had just
! completed treating tho foot of an in
jured horse, when tho shower began to
assume a very threatening mood.
I Nearly the entire family had gathered
on the si>ot and were watching Dr.
Klino as ho oj>e rated on tho horse. At
the last moment they all turned to
seek shelter in the house. They had
only proceeded a few steps when sim
ultaneously a blinding flash of lightn
ing and a peal of thunder occurred. At
the samo moment, Miss Bird, a young
lady somo 22 years of age, dropped to
tho earth.
All roalizod that she had boon struck
by the lightning aud tho first impres
sion was that tho effects woro fatal.
There was tho most intense excitement
about ho place as the young lady was
picked up and carried into tho house.
It soon became evident, however, that
she was only very badly shocked and
that under proper treatment she would
soon revive.
She was placed on a couch, where
aided by the application of well known
remodios she finally returned to con
sciousness. When Dr. Kline left the
farm sho was still suffering from the
effects of the shock but there were no
foars but that sho would fully rocovor.
E. L. Witman Was in Charge.
Borough Electriciau Samuel H.
•Tones returned to town yesterday.
Owing to liis continued absence the
councilmou composing the commit too
011 light held a meeting in council
chamber 011 Tuesday night.
It there developed that E. Z. Whit
man, who had done Home work under
Jones, after the latter's disappearance
had taken it upon himself to look after
tiie line, putting lamps in repair, re
carboning lights, etc. Had Witman
not stepped into the work as lie <1 itl
the service would no doubt have boon
very much impaired before the com
mittee 011 light fully awoke to the sit
uation.
Uncertain as to whether Jones would
return or not. the committee decided
to reward Witman for his forethought
by appointing him temporarily" in
charge of the line. Mr. Witman has
hfu 1 considerable experience in raci)
work and no doubt filled the bill
very nicely.
| The public servant who indulges in
j crooked conduct Is almost always de
fected, exposed and punished. The law
of retribution takes care of him.
THE DIETRICH
HOMICIDE CASE
Court conveuod :»t. \) o'clock Thurs
day morning with his Honor Judge
Evans ami tho two associates, Rico and
Wagner, on the bench. Tho case of
(Commonwealth vs. Peter Dietrich was
at once attached.
Dietrich, showing traces of anxiety
hut otherwise looking well, was seat
ed by the table with his attorneys,
William Kase West and Hon. Frod
Ikelor. Mrs. .fames A. .loiies,widow of
the victim of tho shooting, dressed in
deep mourning sat at the opposite tablo
with George J loss and T. W. Rodoa.
District Attorney C. P. Gearhartalong
with Hon. 11 M. Hinckly, who is as
sociated with tho prosecution, sat at
the same table.
At 9:15 o'clock the calling of a jury
was proceeded with. At noon although
the session was extended until 12:4.5
o'clock there was st ill one .juryman
wanting. The selection of twelve men
that would suit, both sides proved more
difficult than was anticipated. At 11 :15
o'clock the panel was exhausted and it
was necessary to summon talesmen.
Each man called was put upon the
stand and placed under oath, after
which, if ho was accepted, lie was
sworn in as a juror and sent into tho
box.
The first man called was Thomas
Roifsnyder, of the first ward, Dan
ville. Ho answered all questions satis
factorily and was accepted by both
sides.
The next person called was Ralph
Leighow.of Mahoning township,whoso
answers likewise, satisfied both sides
and he was accented. From this point
on, however, challenge after challenge
followed and it was not until 10
o'clock, after ten additional men had
been examined, that the Common
wealth and defense agreed upon a
juror.
The third man called was William
If. Andy of the first ward, Danville,
in whoso caso tho defense exercised its
right of peremptory challenge. Oth
ers who followed in quick succession
were: Goorgo Lenhart, first ward—
challenged for cause by defense.
Clyde Riddle, Anthony township—
challenged for cause by defendant
Neal P. Wilson, Mahoning town
ship challenged peremptorily by do-
Fran U Tlonrio, fourth ward, Dan
ville, said he had formed ni. opinion,
which was fixed in itn nature ami
could not be removed. 110 was chal
lenged for cause by Commonwealth.
Edward F. Fallon, third ward, was
called and sworn, but was excused by
the court from further attendance at
this term.
James Martin, third ward, said he
had formed an opinion and was not
certain that ho would not be influenc
ed by it in the jury box. He was clial
lencd for cause by tho defense.
Robert Moll in, third ward, was chal
lenged peremptorily by the Common
wealth.
Calvin <Hitter of the second ward
was challenged fcr cause by the de
fense.
F. .T. Dorr, Limestone township,was
challenged peremptorily by the de
fense.
William L. Whipple, Deny town
ship, was not acquainted with either
the defendant, or the deceased and had
formed no opinion. He was accepted
as the third man.
Others called in succession and re
jected were: Ambrose A. Love, An
thony township—challenged perempt
orily by Commonwealth.
Daniel Bomboy, Anthony township—
challenged peremptorily by defouso.
James Gibson,fourth ward, Danville
—challenged for cause by Common
wealth. He had formed and expressed
an opinion, he said which ho was
afraid might influouco him.
John Coleman, Liberty township,
—challenged peremptorily by defend
ant.
Conrad Atc.ll, third ward, Danville
—challenged for cause by Common
wealth.
William Roat, second ward, Dan
ville—challenged peremptorily by do
fense.
MeKolvoy Stino, West Hemlock
township—challenged for cause by do
fonso.
James McOormick, fourth ward,
Danville—challenged for cause by de
fense.
Gideon Hartman, Anthony town
ship, was the fourth man accepted.
Patrick Mcßryan, fourth ward, Da
nville, —challenged peremptorily by the
Commonwealth.
Daniel Frazior, Derry township
challenged for cause by Common
wealth.
George W. DoGreen,Derry township
—challenged peremptorily by Common
wealth.
Wesley Hartzell, second ward-rchal
lenged for cause by Commonwealth.
Henry Wireman, Mahoning town
ship, was accepted as the fifth man.
H. J?. Deen, first ward, Danville—
challenged by Commonwealth for
cause.
William Holler,Mahoning township,
challenged peremptorily by defenso.
William K. Miller, Motioning town
ship, challenged peremptorily by de
fense.
Chnrlcs Dietz, second ward, —chal-
lenged for cause by defense.
P. F. Brenneu, Anthony township,
—challenged j>ereinptorily by Common
wealth.
James V. Oillaspy was the sixth man
accepted.
Rush Yerrick, first ward, Danville,
NO 28
—challenged peremptorily by defense.
R. L. Diehl, Mahoning township,
was the seventh man accepted.
Leander Kocher, second ward, —
challenged for cause by Common
wealth.
Edward Ilallman, fourth ward, —
challenged for cause by defense.
.Tore Donovan, Mahoning township,
—challenged for cause by Common
wealth.
W. O. Kohbins, Liberty township—
challenged for cause by defeuso.
Peter M. Dietrich, Derry township,
was one of the men called. He said he
is not related to the defendant, but
was challenged peremptorily by the
('ommonwealth.
Frank Straub, druggi: t at the State
hospital—challenged for cause by de
fendant.
Isaac Acor, Anthony township,chal
lenged peremptorily by Common
wealth.
Isaac Rank, second,ward —challeug
ed peremptorily by defendant.
Theodore Doster and George R. Ja
cobs, our two townsmen, were called
and accepted in succession, making
the eighth and ninth juror.
Jacob A ten. third ward, —challeng-
ed peremptorily by defense.
Elias Lyon, third ward. —challeng
ed for cause by defense.
James Morrison, Mahoning town
ship,—challenged for cause.
1). li. Williams,second ward,—chal
lenged for cause b}* defense.
At 11 :45 it was announced that panel
was exhausted. It was, therefore, di
rected by tho court that talesmen be
summoned. Sheriff Maiers, being one
of the witnesses, Judge Evans select
ed Charles Loighow and Emanuel Sid
ior, as two citizens, to summon tales
men. From that hour until adjourn
ment a largo number of moil were call
ed but the most of them were challeng
ed. At adjournment William Smith of
the second ward, Danville,and Andrew
Kolley,of Liberty township, wore add
ed to the list of Jurors accepted rais
ing tho number up to eleven. Immedi
ately after noon Hiram C, Saudel of
West Hemlock township, was accepted
which filled the panel.
At p. m. District Attorney C. P.
Gearhart opened for the Common
wealth.
Tho first witness called was Mrs.
James A. Jones, who related what she
saw when summoned to Dietrich's ho
tel after the shooting, in which her
husband was tho victim. She found
the latter lying upon a bench with the
blood streaming down over his face
from u small wound neiow me eye.
The next witness called was John
Woll, who spent the clay and the night
of February Kith np to the hour of the
shooting, with James A. Jones. About
ten o'clock the two men entered Diet
rich's hotel and were joined by An
drew Rogers. Woll and Jones had two
glasses of beer when Rogers entered,
after which they all three drank. Jones
asked Dietrich to set them up. In com
plying Dietrich requested Rogers to
go behind the bar aud act as bar tend
er. Rogers complied and they drank
i cider* They then began talking about
shooting. Dietrich had a gun in his
hand. He had been drinking and was
in pretty bad shape. The witness turn
ad to drink his cider, and while his
back was turned the pistol was dis
charged. "Dietrich was fooling around
with the pistol," Woll explained,
showing how ho used to shoot while
in the west. Jones was reclining on
a bench,leaning on his right arm with
one foot 011 the floor. Before the shoot
ing, Jones remarked to Dietrich that
he did not bolieve he could hit any
thing. Thero was nothing to show
Dietrich was angry and every one
seomed to bo in good humor. Such a
thing as Diotrich shooting Jones was
not dreamed of. When Dietrich found
that he had shot the mail he said, "I
didn't goto hurt him, no, no; Rogers
go for a doctor.''
Andrew Rogers was next called. It
was he who joined Jones and Woll at
Dietrich's hotel on the night of Feb
ruary 13th. After the two former had
a couple of glasses ho entered the ho
tel. "Dietrich came out from behind
tho bar," the witness said,"and stood
talking with Jones at one end. Then
Woll said, 'set 'em up.' Pete said,
4 Andy, wait on us." '
"I went back of the bar and tried it.
They took boer and then they had
them filled up again. Then Dietrich
said, 'Now drink on me,' and they all
had cider. Then they got to talking
about shooting cattle. Pete had been
out west. Jones said, 'you can't
shoot.' Pete then got the pistol out
from under a cloth behind the bar.
lie hold tho pistol 011 his arm. Jones
was reclining on the bench. All at
once tho pistol went off. Pete said :
I shot up in the corner' and we all
looked to seo where ho had shot. Then
Woll said, 'What's tho matter with
Corky; he's so quiet.' Pete had the
gun 011 his arm when lie came out of
the room and the shooting took place
soon after. Pete had been drinking
and was nervous. There was no bad
feeling at all. Pete said he had shot
up in tho corner."
The witness said the last word utter
ed before the shooting was by Jones,
who said, "I don't believe that you
can hit anything. " When he found
that he had hit him Dietrich said,
"Oh, I didn't mean to hurt him; go
and fetch a doctor."
Chief of Police Mincemoyer was
called. He described his visit to Diet
rich's hotel after tho shooting. He
searched the house for Dietrich, who
was not to be found on the premises.
Half an hour later they heard some
one walking upstairs. Miucemoyer,
[Continued on 4th. page.]