VOL. XX.
HCW WATCHES ARE MADE.
In a SOLID GOLD WATCH, aside from
the Decenary thickness for engraving and
polishing, a large proportion of metal is
needed only to stiffen and hold the engrav
ed portions in place, and supply strength.
The surplus gold is actually needless. In
Jam** Boss' Patent Gold Watch Oases this
WASTE is cared, and SOLIDITY and
STRENGTH increased by a simple process,
at one-half the cost. A plate of SOLID
OOLD is soldered on each side of a plate
of hard nickel composition metal, and the
three are then passed between polished
steel r>-liars. From this the cases, backs,
centers, beads, etc., are cut and shaped by
dies and formers. The gold is thick
enough to admit of all kinds of chasing,
engraving and engine turning. These
cases have been worn perfectly smooth by
use without removing the gold. This it
the only case made under this process. Each
ease is accompanied with a ral : d guarantee
signed by the manufacturers warranting it to
wear 20 y ears. 150,000 of these Cases
now carried in the United States and
Canada. Largest and Oldest Factory.
Established 1854. Ask your Jeweler.
The Bow watch eases with any kind of
movement desired, can be had of
E. GRIEBJ
WATCHMAKER 5 JEWELER,
Mala St., Bntler, Pa.,
Opposite Troutman's Dry Goods Store.
pußEmeuie
INDIAA VIE)
From the Districts of ASBAM, CHITTAUONG,
CACHAR. KANGRA VALLEY, DARJEEL
-ING, DEHRA DOON, and others; Absolutely
Pore. Superior In Flavor. The Most Econom
. leal. Requires only half the usual quantity.
Sold by all Grocer*. JOIIN C. PHILLIPS A
CO., Agents of the Calcutta Tea Syndicate,
180 Water St., N. Y. Novß-l y.
Star Beer Bottling Company.
AND
CITY BOTTLING KOUSK.
J. C. BUFFUM & CO..Proprietors,
39 aad 41 Market St., PITTSBURGH, PA
Bole Bottlers of Joe. Bohiltz Brewing Co'h, MIL
WAUEEE LAGt.lt BEER. Scliiltz' Export
Beer for Families a specialty. Importers and
doalers in Ales, Htouts, Ginger Ale, Siltzer
Water, Ac., Sympe all Flavors. Manufacturers
of Bottled Soda Water.
Try our Quart Ginger Ale and Champaign
Cider, made especially for family table use.
Send for Price List. P. O. Box 308. Tele
phone connection. apr2s,lm.
~ SUMMER NORMAL
AND
ELOCUTION,
at
North Washington Academy,
OPENS JULY 24. 1883.
Byron W. King, of Carry Institute, Pitts
burgh, Pa., will have charge of Elocution, Ac.
Specialties made of
BOOK-KEEPING,
PB MANSHIP,
METHODS
AND BBVIEWB.
Bead for circular to B. D. CRAWFORD
North Hope, Butler County, Pa.
Bearer College and Musical Institute, lor
young ladies, opens September 11th, 1888.
Beautifully and Healihialiy Located, extensive
buildings, pleasant grounds, cheerful rooms,
three Literary courses, superior advantages for
music and Art. Extensive apparatus, twenty
SUnos and organs, including pipe organ,
borough work, home-like care, modert rates.
Send for circular to
REV. B. T. TAYLOR, D. D., Beaver, Pa.
TEACHERB OF BUTLER COUNIY.
TRAINED TEACHERS are in demand and
this demand Is increasing year by year. THE
INDIANA NORMAL SCHOOL, a'ive to this
fact, presents an nnsarpassed opportunity lor
those teachers who have determined to succeed.
Oar Academical Department
la strong and so shaped aa to bave a direct
bearing upon teaching How to Teach.
In Our Professional Department
that beat modern methods of Teaching and
School Management are Thoroughly developed.
Theory first, then ibe practical application of
thia tneory, under the watchful eye ot the Critic
Oar Graduate* are meeting with the most flat
tering success.- There is a constant demand for
them in choice positions.
Teachers, graduate if yon can, but if you can
not, it will repay you to come, if only for a sin
gle term.
Fall term of 1883 will open on Sept. 10th. For
further particulars address
L. H. DUELING, Indiana, Pa.
JEFFERSON ACADEMY,
One of the best Schools. Thorough prepara
tion for Co.lege, good English education. Con
nected with it
JEFFERSON HALL,
Boarding School for Boys,
CANONWBURGII, I'A..
Discipline strict but kindly. Boys kept under
the eye of the principal, and thoroughly cared
lor. Opens September 18tb.
Wm. EWING, Principal.
Washington Female Seminary.
The nest session opens September ljl, 1888.
For catalogue* or information apply to
MISS N. SHERRARD, Principal,
Or Rev, J AS. I. BBOWXNON, D. D., Pros't Board
of Trustee*. Washington, Pa. jlyll,2m
THE UNIVERSITY
BKMOVKD TO ALLEOUKNV CITY.
The 1883 Catalogue of the Western Universi
ty of Pennsylvania is ready, containing Cata
logue and Hand-Book of (.College, Preparatory
Hchool A SCHOOL OF ENGINEERING AND
CHEMISTRY. Free on application by postal
to HENRY MACCRACKEN, Chancellor, North
avenue, corner Buena Vista street, Allegheny,
Pa. july2s-6t.
STEUBEN VILLE, (O.), PEMALE SEMIN
ARY. Beautifully located on the Ohio river
with 53 years' sucoesslul experience. For full
information. Address
REV. A. M. KEID, Ph., D., President.
Jolylßßt.
Public Sale of Blooded Stock.
On the premises of the late Wm. P. Finley, of
Salem, Clarion county, Pa., on Tuesday, Au
gust 7th, 1883, will be sold 15 head of thorough
bred Short Horns, (6 cows, 3 heifers. 6 bulls)
also 6 head of grade Short Horns and 24 head
of Cotswold sheep, mostly pore bred.
ELIZABETH FI.VLKY I . . .
8. L. MAXWELL J n '
P. O. address, Lamartine.
Union Woolen Mills.
I would desire to call the attention of the
public to the Union Woolen MiU, Butler, Pa.,
where I have new and improved machinery for
the manufacture of
Barred and Gray Flannels,
"Knitting and Weaving Tarns,
and I can recommend tbem aa being very dura
ble, as they are manufactured of pure Butler
oounty woo I. They are beautiful in color, su
perior in texture, and will be sold at very low
orioee. For samples and prices, address,
fi. FULLERTON,
Jul3L'7B-ly Butler, Pa
Farmers and Gardeners!
Look to your own interests and improve your
crops, from 75 to 100 per cent, by using the
Peruvian Sea Fowl Guano, or Bradley's Desolved
Bone. On hand at Leonard Wise's in Butler,
or Wni. Crookshank's at Sarversville Station,
Butler Co ; Pa. aplßtf
DENTISTB X .
0 1/ WALDRON, Graduate of the Phil •
H adelphia Dental College,is prepare*"
■ 1% ■to do anything in the line of his
profession in a satisfactory manner.
Office on Main street, Butler, Union Block,
ap stairs, apll
I |D. L CLEELAND,|
WATC™ tTTCTt & JEWELER,
South Main St., Butler, Pa,
Keeps Constantly on Hand a Full Stock of
Watches, Clocks, Jewelry,
-BPECTACLEB
-
SILVERWARE,
At the Lowest Cash Prices.
Fine Watch Repairing a Spec
ialty.
M^OHLGUiE
Mends Everything HOI.ID AS
HOCK!—Hard as Adsmantl—
Ftna aaGrulte!!_Strongest.
Toujfh<*t, and Most Elastic Glue
on Earth I A Ssmaonlan Giant
lnStrengthsmoiuraliotheraiues
and Cements I Absolutely Un
■ bremkable and Inseparable!
Heatlnt!—No PrejjLrstloa
AlwaysSeady—AlwayaXlquld I
Glues China. Clam. Hood,
Leather Belting-, Crockery. Bit
■ffßO* Cue Tips and Cloth, Mar bl«i
■■B Metals, Patches on Leather and
,Hgig -' Bubber Hhoes, Bric-a-braa, Book
Backs, Htone, Furniture, Bicycle
?■■■■ Bubber Tires, Ornaments of Every
*||lTS,(■ kind. Jewelry, Smokers' Pipes and
iIU " Cigar Holders, Card Board in Scrap
agimßooka, and Every thine else with
nil ■ EverlMting' Inseparable Tenacity t
119 Manufacturers of Gummed La
sS ■ll f& beta, Textile Fabrics, FlnsCarrisoes,
■■ HI Pianoa, Artificial Flowers. Imitation
|lVb3 Htained Glass and Straw Goods.Cabl-
Makers, fcc., supplied by Gallon
■■nor BarreL 20c. Battle (Brush and
Tin CoTor);by mall postpaid, 10 eta
»-«x»KialettU.extra. Mailedonljby manufacturer*
J.UO'MEARA&CO.w.Vh'.T/iM
Lin AfastiWanted Everywhere. Bold by Druwvinta,
Oiuosto, atsttWßura. Hardware aitdUeuarai Stores
FOR SALE AT REDICK'B DRUG STORK.
"butler county"
Mutual Fire Insurance Co.
Office Cor. Main and Cunningham Sts.
G. C. ROESSING, PRESIDENT.
WM. CAMPBELL, TREASURER.
H. C. II EI NEMAN, SECRETARY.
DIRECTORS:
J. L. Purvis, I E. A. Helmboldt,
William Campbell, |J. W, Burkliart,
A. Troutman, I Jacob Schoene,
Q. O. Roessing, John Caldwell,
Dr. W. lrvin, J. J. Croll,
A. B. Rhode*, I H. C. Heineman.
JAS. T. M'JUNKIN, den, Aej't
BUTLER PA.
HOUSE AND LOT FOR BALE.
▲ V*BY COZY
Two-Storied Frame House
ol six rooms, cellar, out houses and two
lot* of ground in Butler will b told ou reason
able terms. Call at office of
F. M. EASTMAN
Mar-14tf. Butler Pa.
NEW DRUG STORE.
J. B. Kohlmeyer & Co.
Main Street,
(Opposite Vogeley House)
BUTLER, PENN'A.
PURE DRUGS,
CHEMICALS,
PATENT MEDICINES,
LAMPS, TOILET ARTICLES, &c
Pare Liquors for modicinal purposes; Oils
and Paints, Ac.
C9*Dr. O. M. Zimmerman has bis office on
the second floor of same building. jnel3-tf
Planing Mill
—AND—
Lumber Yard.
J. L. PURVIS. L. O. PURVIS,
S.G. Purvis & Co.,
MANUFACTI7BBRS AND DEALBRBIH
Hough and Planed Lumber
OP EVERY DESCRIPTION,
FRAMES,
MOULDINGS,
SASII,
DOORS,
FLOORING,
SIDING,
BATTENS,
Brackets, Gauged Cornice Boards,
SHINGLES & LATH.
PLANING MILL AND YARD
Near German Catholic Oharch
BRICKSPBRICKS!
The subscriber continues the making of bricks
eoimnon. pavement, bay-window and other <|iial-
Itles at his kiln on the Fair Croiiml road, half a
mile west of Butler He will keep on hand a lot
of bricks at all times. He will also make and burn
brick in the country for anyone desiring to have
them made on their own farm or premises.
As he intends carrying on the hriek making
business, he invites the custom of all, promising
to give entire satisfaction to all who may patron
ize him.
All orders promptly tilled at reasonable rates.
Call on or address,
J. GEORGE STA.MM,
marUR-tiuio Butler J'a.
LEGAL ADVERTISEMENTS 1
Eatate ol George S. Jamison.
Letters testamentary on the estate of George
8. Jamison, dee'd , late of Venango twp., 15ut
lercouDty, Pa , having been granted to the un
dersigned, all persons knowing themselves in
debted to said estate will please make iu:medi
ate payment and any having claims against
said estate will present them duly authenticated
for settlement.
W. C. JAMISON,
Executor.
June 19, 'B3. Eau Claire P. 0., Butler, Co., Pa.
Estate)of William Raui*ey.
Letters testamentary on the estate ol William
Ramsey, dee'd, late of Butler township, Butler
county, Pa., having been granted to the under
signed, ail persons knowing themselves in
deblcd to said estate will please make immedi
ate payment aud any having claims against
said estate will present them duly authenticated
for settlement.
DAVID F. BORLAND, Executor.
Butler, Pa.
Estate oi James 11. Mechlin^
Whereas letters of administration have this
day been issued to ine on the estate of Jaiues 11.
Mechling, late of Washington township, dee'd.
by the Register of said county of Butler, no
tice is hereby given to all persons owing said
estate to call and settle, aud those having claims
against the same will please present them for
payment duly probated.
6. C. H ITCHISON', Adm'r.
June 5, 1883. North Hope, Butler Co., Pa.
Estate ol Ernest Werner.
Letters of administration on the estate ol
Ernest Weruer, dee'd, late ol Forward twp ,
Butler count}-, Pa., having beeu granted to the
undersigned, all persons kuowiug themselves
indebted to said estate will please mike imme
diate payment and any Laving claims against
said estate will present them duly authenti
cated for settlement,
MAKIA WEKNEK, Administratrix.
Evans City, Butler Co., Pa.
W. H. LUSK, Attorney.
Estate of Edward Campbell.
Letters testamentary on the estate of Ed
ward Campbell, dee'd, late of Worth twp.. But
ler county, Pa., having been granted to the un
dersigned, all persons knowing themselves in
debted to said estate will please make immedi
ate pay ment and any having claims against
said estate will present them duly authenticated
for settlement.
SAMUEL 11. MOORE, Executor,
Grant City, Lawrei.ce Co., Pa,
Administrator')* Notice.
Whereas letters of administration on the es
tate ot Andrew J. Moore, late of Centre twp.,
13utier county, Fa., dee'd, have been duly is
sued by the Register of wills in and lor the
eointy 01 Butler, Fa-, to me Nancy J. Moore,
widow of said decedent. Notice is hereby given
to all persons knowing themselves indebted to
tt'e said estate to call and settle the tauie, and
all persons having claims against the said estate
will please present the same duly probated tor
payment. NANCY J.MOORE,
Administratrix of A. J. Moore, dee'd,
Butler. Fa,
E»tate of Jacob llnnnel.
Letters of administration on the estate of
Jacob liunnel, dee'd, late of Buffalo township,
Butler Co., Pa., having been granted to ihe un
dersigned, all persons knowii.g themselves in
debted to said estate will please make imme
diate payment and any having claims against
said estate will present them duly authenticated
for settlement.
G. C. ROENIGK, Administrator.
Sai vers Station, Butler Co., Pa.
Estate or John Walters,
Letters of administration on the e.-tate of
John Walters, dee'd, late of Jackson township,
Butler Co., Pa., haviug been granted to the un
dersigned, all persons knowing themselves in
debted to said fcbtale will please make imme
diate payment and any having claims against
said estate will present them duly authenticated
for settlement.
JOHN A WALTERS, Administrator.
Evans City, Butler County, Pa.
Estate ol James Sterling.
Letters of administration en the estate of
James Sterling, dee'd., late of C ran terry town
ship, Butler county, Pa,, having been granted
to the administrator, and all persons knowing
themselves indebted to the said estate to call
and settle the same, and all persons having
claims against the said estate will please pre
sent the same duly pre bated for payment.
NEWTON GARVIN, Administrator,
Ogle P. 0., Butler Co., P«^_
TRUSTEE S SALE.
BY virtue of an order of the Court of Common
Plea* of Bntler county, No. 18. March Term,
1883, and to me directed, I will expose to Public
Hale, on tha premises on
Thursday, Aug. 9,
1883, at one o'clock P. M.,the following described
real eat ate of Samuel Vandevnnter and Elizabeth
Vandeventer. bis wife, late Elizabeth Chranser,
in right of bis wife and Charles Duffy, to-wit i
All that certain piece and parcel of land sit
uated in Washington twp., Butler county. Pa.,
bounded and described aa follows :
Beginning at a post at the north-west corner
of the tract, thence by lands of David Bond's
heirs north 89 degrees east perches to a
post; thenee by land of F. Bhira south 2 decrees
west 23 3-10 perches to a stone; thence north 89
degrees east 2 perches to a post; thence by
lands of Sliira aud Clark south 2 degrees und
74 perches to a post; thence by lauds of Wm.
Wasson south 89 degrt.es west US} J perches to
a post; ther.ce north 2 degree# east by lane ot
S. A. Campbell 96 3-10 perches to place ol be
ginning, with the appurtenances, containing
fifty acrts of land, strict measure.
TERMS:—One-third in hand on con.*:rmation
of sale and the balance in two equal annual
payments with interest thereon, secured by
bond and mortgage.
TliOS. DONAGUY, (Shcrifl) Trustee,
July 18, ISSB.
Farmers Look I
To your own inter-->st and dont buy a grain
drill till you see the FARMER'S FAVORITE.
Double distribution and grain seeder, force feed
grass seeder, and double cant-steel reversible
points. Steel axletrees. Grass seeder either
behind or before. For sale by Wm. Crookshank,
Sarversville, Butler Co. I'a. aplßtf
ICE FOR SALE.
The undersigned lias about 25 tons of good
clear ice on bauds, which he will sell in large or
srrall quantities on reasonable terms, and de
li ver at the bouses of his customers during tbo
summer Orders can be left at Wick's meat
Shop. D.IIOWE LYON.
Notice.
The Butler Camp Meeting Association will
hold their annual encampment on the grounds
of the association, three miles west of Hutler,
on Thursday, August 16th and continuing until
Monday evening. August 27th. Opening
service at 2 o'clock p. M. on Thursday, August
16th. Single and family season tickets can be
had from the secretary or treasurer. Ample
arrangements are made for Itoarding on the
ground. Tent sites can be had upon applica
tion to any member of the Hoard of Trustees.
By Ordsr of Board.
JEFF BURTNER, Secretary.
JOSEPH CRISWELL, Treasurer.
PENN'A. CONSTRUCTION CO.
132 First Ave.,PITTSBURGH,PA.
IRON
Buildings,
Bridgewand Rooft,
Jails and JLockupn,
Front*, Column# A CJirdcru,
Muirway* and Beamw,
Fence* and CriMllngN,
Firc'EwcapeN.
mar2B,6m
Advertise in the CITIZEN.
BUTLER, PA., WEDNESDAY, AUGUST 1, 1883
6ERMINREM£Ot
FOR PAIN.
CURES
Rheumatism, Neuralgia, Sciatica,
Lumbago. Backache. Headache. Toothache.
So re Throat, Sue ling-*. Hpniint, Hruiaea,
Burn*. Mrald«, IVo*l Bile*.
AND ALL OTHER noDII.Y PAINS AMI ACHES.
Sold by DruffiftU and Dealer* ever r where. Fifty CeziU a bottle.
Directions io 11 Ltugutgej.
THE CHABLER A. VOtiKLKH CO.
tStWMMor« to A. YO«EUUI * CO.) Baltimore, Md. t U.S. A.
Cholera!
CHOLERA MORBUS
CHOLERA INFANTUM
ABIATIC CHOLERA
ALL OHOLERA OIBEABES
YIELD TO THE INFLUENCE OF
FerryDavis'sFaiaKiller
The GREAT REMEDY for every kind
of BOWEL DISORDER.
Captain Ira B. Foss, of Goldsborough,
Maine, says : " One of my sailors was attack
ed severely with cholera morbus. We ad
ministered Pain Killer, and saved him."
J. W. Simonds, Brattlcboro, Vt., says : "In
cases of cholera morbus and sudden attacks
of summer complaints, I have never found it
to fail."
ALL TIIE DRUGGISTS SELL IT.
| I
TUTT'S
PILLS
A DISORDERED LIVER
IS THE BANE
Of the present jt is for the
Cure of this disease and its attendants,
SICK-HEADACHE, BILIOUSNEBB, DY&-
?EPBIA, CONSTIPATXOS, PILES, etc.. that
TTJ'lT'g PILLS have gained a world-wide
reputation. No Remedy haa ever been
discovered that acta BO gently on the
H<gestive organs, giving them vigor to as
similate food. AH a natural rosult, the
Nervous Byatem ia Braced, tho Muscles
are Developed, and the Body Robust.
Chills and Fovor.
B. RIVAL, a Plantar at Bayou Sara, La., says :
My plantation Is In a malarial district. For
several years I could not mako half a crop on
account of bilious diseases and chills. I was
nearly discouraged when I boffan the use of
TUTT'S PILLB. The result was marvolous"
my laborers soon became hearty and robust,
and 1 have had no further trouble.
They relieve the eniforgwl Liver, eleanao
the Rlood from poisonous hnmari, and
Mime the bowels to set natn rally, with*
oat whleh no one eon feel well.
Try this remedy fairly, and you will rain
a healthy Dlfeitlon, Vigorous llodr, Pure
Blood, Mtronsr Nerves, and a Sound Liver,
price, 25Cenuu Office, 35 Hurray at., N. Y.
TUH'S HAIR DYE.
OB* v HAITI or WHIRKEKH changed to a GLOSSY
BLACK t>y a single application of thl« DYK. It
lmpurt.l a natural color,and acts Instantaneously.
Hold in- Druggists, or sent by express on receipt
of One Dollar.
Office, 3B Murray Street, New York.
(Dr. TVTTH .W .4 JIT AI. »f
Information and Vme/nl Receipt* I
tcill be mailed FEE£ on application..*
.^MAmTA^
?<r«VEB FAllsr>>i
Theonly known tpeciflc for Epileptic Fits.-&®
jfj-Also for Spasms and Falling Sickness."*..!
Nervous Weakness quickly relieved and cured.
Equalled by none In delirium of fever.*®*
H genns of disease and sickness.
Cures ugly blotches and stubborn blood sores.
Cleanses blood, quickens sluggish circulation.
Eliminates Bolls, Carbuncles and Scalds.*4o
jr*-Permanently and promptly cures paralysis.
Yes, It U a charming and healthful Aperient.
Kills Scrofula and Kings Evil, twin brothers.
Changes bad breath to good, removing cause.
biliousneSH and clears complexion.
Charming resolvent and matchless laxative. - fat
It drives Sick Headache like the wind. -fat
pV/Tontains no drastic cathartic or opiates.
Promptly cures Rheumatism by routing it."63
Restores life-giving properties to the blood.'u*
Is guaranteed to cure all nervou-*
when all opiates fail.-ji#
Refreshes the mind and invigorates the body..
Cures dyspepsia or money refunded.
fyr Endorsed In writing by over fifty thousand
lieading physicians in U. 8. and Europe.- utt
Leading clergymen in U. 8. and Kurope.-fc#
Diseases of the blood own it a conqueror. 9.
For gale by all leading druggists. f1.&0.-fc*
• The Dr. S. A. Richmond Medical Co., I'rops.,
St. Joseph, Mo. (2)
Chas. N. Crittcnton, Arent, New York City.
IsCROF UIj < " ITCH,_ I
RESELLEItS&CO.
. PAOPM/frOftS. PITTSBURGH. PA.
PEBMAWENT NTAUI'INO
FOR KENSINGTON, ARRASENE
AND OUTLINE WOBK DONE,
Also lessons in same given l>y ANNIE M.
LOWMAN, North ftrcet, Butler, I'a.
• Jne2o-1 j
WM.KELLEN,
Washington, I'a., present* to the public a CE
MKNT! More durable than 1 RON for stoves,
ranges, lire plat es and steam mills. Also, set
grates in workman-like manner. This Cement
takes the place of stove hacks. All work guar
anteed. july2s-2t.
COMMONWEALTH
vs.
JOHN SMITH.
INDICTED FOR PERJURY
Opinion by Hon. Jeremiah S.
Black.
I do not go into the history of this
case. What I have to say would not
be understood by a stranger without a
long detail of the facts antecedent to
the indictment. But I write for those
who know T all about it and who will
need no explanation of any allusions
which I have to make.
On the trial of this cause the de
fendant pleaded a former indictment for
the same offence as still pending, and
therefore a bar to the second.
If the first indictment was a good
one on its face, he was still in jeopardy;
and though not a flat bar, like an ac
quittal or a conviction, it was a defence
to a new indictment as long as it hung
over his head. The public accuser
cannot pursue a party on two tracks at
the same time, unless it be manifest,
as matter of law, that on one of them
he is in no possible danger of being
sentenced. Here both indictments are
equally good—ihat is to say, one was
good if the other was. On the first
there had been an actual trial and a
verdict of guilty, but the verdict was
set Bside, not hecause the indictment
was defective, but because it was not
sustained by the evidence. The indict
ment charged that the oath had been
administered by the deputy Prothono
tary—the proof showed that it was ad
ministered by the court; therefore, and
therefore only, a new trial was granted.
That did not impugn the soundness of
the indictment. It implied that, in the
opinion of the court, the evidence was
so far at variance with it that a new
trial was necessary to see whether the
probata could be made to come up to
the allegata. Here then were two in
dictments, on either of which if proved
to be true, he could be legally convict
ed. Had he not a clear legal right to
demand that the first one be either
formally abandoned, or else determined,
before he was called on to answer the
second? If this question be answered
in the affirmative, another rises:—How
could he assert this right except by
pleading the fact ?
The record shows that he did plead
it, stating the fact and concluding to
the couutry. The representative of the
Commonwealth denied the fact and
went to the country also. Thereupon
a jury was called, came, and were
sworn to try that very issue ; and the
onusprobandi being on the defendant,
he offered the record to sustain the is
sue on his part and the court refused to
let the jury hear it, Whatever the
Judge may think of the plea or its
value in law, he will on reflection see
that he had not a right to exclude the
proof of it from the jury. If it had
been demurred to he might have de
clared it insufficient. But when the
Commonwealth conceded its validity
and denied only its truth, it was cer
tainly duo to the party—nay to both
parties—that the defendant should be
permitted to show what the truth was.
The error committed in ruling out
this evidence resulted in duplicating
the proceeding against the defendant
after a fashion I never saw or heard of
before. The accusing party pushed the
proceedings upon both indictments
with hostility so unrelenting that he
forced a trial on the first indictment
while the jury were considering their
verdict on the second one. The two
lines of deadly assault converged upon
the defendant almost simultaneously.
No man shall be twice vexed or put in
jeopardy for the same cause. Here a
man was twice vexed on the same day
for precisely the same cause. Convic
tion or acquittal upon one might have
been pleaded as a full defence ; but the
trials were so timed that he could not
show the result of one to shield him
from the other. He was compelled to
anticipate by pleading their pendency,
which he did, but was not permitted to
show the truth. The effect of this
ruling was exactly the same as if the
trial on one indictment had taken place
and judgment of acquittal had been
pronounced in time to plead it to the
other, and the court had theu refused
to look at the record or let the jury see
it.
It is no answer to this to say that
the defendant was afterwards acquitted
on the first indictment. On the con
trary it showed more conclusively than
anything else how much he was wrong
ed. If he had been first tried 011 the
first indictment and acquitted, his plea
would most undoubtedly have been
listened to with attention, and the
question of fact and law which now
stands undecided either for him or
against him would have been legally
disposed of. For reasons to be given
presently I think it would have been a
conclusive defence. But whether this
be certain or doubtful, the defendant j
was deprived of a right when he was
pushed into a trial and pushed through
it without being permitted to raise the
question.
I have said the first indictment was
good upon its face. There was no
cause of demurrer, nor was there any
error upon which it could be quashed.
The Court set aside the verdict upon
it because the evidence did not sustain
it in one particular, namely, that it
alleged the oatli to have been adminis
tered by M. N. Greer, Protbonotary,
who had competent authority to ad
minister oaths whereas the proof
showed that he was sworn by the
Court. The second indictment is an
effort to make the allegation conform
to the fact, but it does not succeed. In
stead of stating the simple truth, as the
evidence in both trials showed it to be,
that the oath was administered by the
Court, it is alleged in the second in
dictment to have been administered by
one Brown, who was the deputy of
Greer, that Greer had authority to ad
minister oaths and Brown as his deputy
also had that authority in the presence
of the Court, This leaves the vari
ance between the fact and the allegation
; just as wide as it was at first. It is
! true that the pleader who drew up the
i indictment undertakes to say arguendo
that because Smith was sworn in pres
ence of the Court, therefore he was
sworn by the Court, But that is a
non sequitur. The presence of the
Court gave no authority. But the
Court in the exercise of its own author
ity might make him or anybody else its
instrument or organ for the perform
ance of its own act. It is agreed all
round and laid down by the Judge as
the true construction of the statut on
the subject that a deputy of the I'ro
thonotary has 110 general power, that
is to say, no power of his own, virtute
officii, to administer oaths. But the
prosecution seems to have thought that
the power became vested in him when
ever he came into the presence of the
Court and was divested the moment
he went out. If this be true of Mr.
Brown, it is true of every other citizen
who crowds into a room where a court
is in session. This would be an ab
surdity. The truth is patent that if
this defendant was not sworn by the
Court he was not legally sworn at all.
The indictment says he was sworn by
Brown, who was not the Court nor
could he make his act the act of the
Court merely by doing it in the pres
ence of the Court, which is all that the
indictment alleges. This verdict, there
fore, ought to be set aside for all the
reasons that were given by the Judge
for a new trial on the first indictment.
There is auother variance between
the indictment and the evidence which
does not seem to have been much notic
ed on the trial. The indictment states
by way of inducement all the transac
tions between the parties to the judg
ment which was in any wise conneect
ed with it. Perhaps this was not
necessary. It was enough to aver the
existence of the judgment, the petition
to open it, and the materiality of that
part of the defendant's oath on which
the perjury is assigned. But having
undertaken to set forth the previous
and concurrent transactions, the recital
must be accurate, and the prosecution
fails if it appears on the trial that it is
false. The documents might be given
literally (that is textually copied into
the indictment) orthe substance of them
stated. But if in the former case the
copy is false, the paper caunot be read;
in the latter case the substantial effect
of it must be truly stated or else it can
not be given in evidence. Here was
an agreement between three joint debt
ors in which it is avered that one of
them (the defendant) covenanted with
the other two that he would release
them from the obligation to pay any
part of the debt. The agreement ac
tually made and shown to the Court
and read to the jury has nothing in it
of the kind, nor could he have perform
ed such a contract if he had made it.
The proof did not sustain the aver
ment.
I am quite well aware that on this
point the defendant has not a strong
technical hold. The proper-advantage
was not taken of it on the trial. But
I have faith enough to believe that a
good grip on the conscience of the
Court will be as available as the nicest
touch of mere artificial law. The
Judge will not see a man's liberty taken
from hi.ii by illegal evidence admitted
through an oversight. The power to
correct any error by which the current
of legal justice may be turned awry re
mains in the hands of the Court until
the moment of final judgment, no mat
ter how short a time before that it may
have been discovered.
It was stoutly and ably contended
by the defendant's counsel that the
payment of the debt by Wolforu and
llindman annihilated the obligation of
all the joint debtors and extinguished
the judgment, so that no oath which
the defendant or anybody else could
take concerning the mere equities be
tween those who paid aud the one who
did not pay, was or could be material
on a petition to open the judgment.
The Judge's reasons for the contrary
opinion are on record and they are un
answerably sound and true. He makes
it clear enough that the validity of the
judgment as against Smith was not
affected by the fact that it was paid by
and assigned to Wolfordand llindman.
But suppose the law to be otherwise, —
Smith certainly had a right to waive
his advantage and stand upon the
equity of his case. That was what he
did. Ilis petition was in effect a bill
for an injunction to restrain execution.
The other party denied the allegation
and thus raised between them an issue
fit to be heard aud determined only by
a chancellor. It would be monstrous
to say that the defendant might swear
falsely to a fact material in that Issue
and then clear himself of perjury by
showing that the judgment he sought
to open was void in law by reason of a
fact not at all involved in the question
which the chancellor had before him.
But in order to convict ol perjury it
is necessary for the Commonwealth to
show beyond a reasonable doubt that
the fact alleged to be falsely sworn was
material to tho issue or matter to be
decided by the court. Incidental re
marks or collateral statements are in
fact not sworn to at all, for the oath
does not include an obligation to be
true about matters that are immaterial
or not connected with tho point of in
quiry.
What was tho question before the
Court ? We cannot make any mistako
about that. It was whether or not
John Smith had an equitable right to
stay execut on on the judgment or to
have it opened. That was the sole
point of inquiry. Every fact was ma
terial which tended remotely or proxi
mately, directly or indirectly, to show
that bis claim upon the intervention ot
tho Court for that purpose was a good
one. But it is not sound law—it is
I not even respectable nonsense—to say
I that other transactions were material
; which lay totally outside of that under
consideration and were entirely uncon
i nected with the judgment or the agree
-1 ment of the parties concerning its pay
: mcnt. Whether in those other affairs
foreign to the point of inquiry the par
ties had behaved well or ill toward one
another whether or not the defend
ant believed that he had beeu cheated
before and was afraid he would be again
unless the Court protected hiui—was
surely as far as possible away from any
thing the Court could look into in such
a proceeding. But that was exactly
the nature of the paragraph in the peti
tion upon which this accusation of per
jury is based. Smith said there was
an unsettled account between bim and
one of his adversaries on which he be
lieved that a bahtuce was due to him.
What possible difference could it make
to the case then at the bur whether
this was true or false ? What connec
tion had Smith's belief about this un
settled account with the matter in
hand ? Or what influence could it
have on the decision '/ The judge who
heard the petition was the same judge
who presided at the trial of the indict
ment for perjury, and he kuows that
no proof of an unsettled account like
this would have been considered by
him for a moment in making up his
mind.
Test the materiality of this state
ment in another way. Suppose that
on Smith's application to open the
judgment the court had ordered the
plaintiffs to take out a scire facias and
try the dispute by a jury. That would
have been the shorter, the better and
the more regular mode of proceeding.
Evidence admissible on the trial of the
scire facias would be admissible on the
hearing before the court sitting in
equity. Would the court permit Smith
to prove before the jury, either by him
self or by anybody else, that he believ
ed there was a balance due him from
Wolford on an unsettled account in ad
dition to the terms of agreement con
cerning the judgment ? No; his belief
however sincere, or however well
founded in truth, that he had a right of
action against Wolford in assumpsit
would weigh no more than a similar
belief that he could recover damages if
he would bring suit against the same
person for slander or trespass. An
offer te prove any such fact or the belief
of it by the plaintiff would be rejected
instantly because it is manifestly and
plainly without even the shadow of
materiality. Yet the statement of this
fact in the defendant's petition is charg
ed as material and wilfully false. Was
ever a new trial asked for on stronger
or clearer ground ?
But even if we assume the material
ity of the statement in question, a new
trial is due because the proof of its
falseness does not come up to the re
requirements of the law. Not having
before me an entire and perfect report
of the evidence, I do not trust myself
to discuss the particulars of it. But
the outliue of it which I have seen
enables me to say with confident cer
tainty that:
1. Smith himself not only swore to his
belief at the time he presented his peti
tion, but repeated his oath on the trial
of the indictment.
2. This oath of Smith was contra
dicted by the testimony of no witness
except Wolford, who alone was able to
speak directly on the subject. Even
by bim the contradiction was not full,
because the psychological fact which
the indictment puts in issue, that
Smith beiieved what he said could not
be known to Wolford more or better
than to anybody else.
3. The direct testimony concerning
the existence of the unsettled account
being thus balanced by oath airainst
oath, the prosecution instead of pro
ducing another w'tness to contradict
Smith, undertook to discredit him; first,
by an assault upon his general charac
ter, and then by showing that he had
made conflicting statements iu a loose
conversation out of doors.
4. The attempt to defame him was
an utter failure. It was met by over
whelming evidence of the high esteem
in which he was held by his neighbors
and acquaintances for honesty and good
moral behavior throughout a long and
active life filled with much business of
various kinds.
5. From the instructions given me
I infer that the prosecutors were suc
cessful, at least to a certain degree, in
showing that some of the defendant's
talk out of court was not in accord with
his oath on the samt subject. Several
witnesses appear to have testified that
on a certain occasion he gave utterance
to what they call an admission that
there was no unsettled account between
him and Wolford. What he said was
no such thing as an admission, but
their mistaken construction of his
words. This was not a part of the
Commonwealth's case in chief, but in
troduced as rebutting Smith's testi
mony in his own defence, and that
irregularly, for he had not been given
an opportunity on cross-examination to
explain it.
Now see what this amounts to. If
Smith had sued Wolford in assumpsit
for the balance due him on an unsettled
account and these contradictory oaths
of the parties had been made, they
would have stood fairly oil' against each
other. Either of them might have in
troduced evidence however slight to
discredit the other, and whether it was
sufficient or insufficient would lie a
question for the jury to decide after
weighing it in their own minds and
giving to every part its uatural effect
I do not think there is enough here to
turn the scale against Smith even as
plaintiff in a civl# suit. That however
is not much to the purpose, for the jury
might think otherwise.
Hut this is not a ciyil suit. It is a
criminal indictment. The verdict does
not depend on the mere opinion of the
jury. They may very honestly believe
that Wolford is the true man and
Smith the false one and yet have uo
more right to send one thtm the other
to the Penitentiary. The law exacts
from the prosecution a certain
turn of proof to IKJ measured by its own
rule—not by the feelings, opiuous or
judgment of a jury. Does the proof in
this case come up to the required stand
ard ?
! If there be one rule of the criminal
law more clearly defined, better under-
stood or more universally acknowledge
|ed than any other it is this : That no
' man can be convicted of perjury unless
upon the oaths of at least two witness
j es showing clearly the falsehood of the
j oaths upon which perjury is assigned.
A single witness, however credible, is
as useless to the prosecution as none at
all. This is not only the established
and inflexible rule, but is founded in a
| principle and a policy which are neces
i sary to the common safety of all men.
J Our system of jurisprudence would not
|be respectable without it. When two
opposing parties swear differently in
the subject matter of a judicial contro
versy between them, if one can main
tain a prosecution for perjury the other
can have, and ought to have, the same
privilege. If Smith goes to the peni
tentiary because in his recollection
about the state of their dealings he
differs from Wolford, why should Wol
ford not go along with him because he
differs from Smith? If Smith is rightly
and legally found guilty on Wolford's
testimony, why cau he not turn at this
moment upon Wolford and prosecute
him for the same offence ? If cross
prosecutions were instituted and tried
together, one of the parties would be
in just as much peril as the other upon
the evidence given in this case.
1 speak with perfect confidence when
I say that the counsel for the prosecu
tion did not, and do not now believe
that the evidence they gave of Smith's
outside conversation was equivalent to
the direct testimony of another wit
ness. For this confidence, I have two
good reasons. In the first place it is
an absurdity which they could not be
lieve in. Secondly, they did not offer
it as proof of guilt, bat for the mere
purpose of discrediting the testimony
which Smith gave in his own behalf.
Knowing that this latter was the only
purpose it would lawfully serve, they
did not produce it in chief, but waited
until the defence was closed and then
pave it as part of their rebutting evi
dence.
1 do not say that where an indict
ment for perjury is sustained by the
positive testimony of one witness, the
want of another may not be supplied
by proof of collateral facts which show
that the accused party must necessari
ly be guilty. But such factsshould be
so absolutely inconsistent with his inno
cence that the prosecution cou'd no
more spare them out of the case than it
could dispense with the one witness
who testiCes directly to his guilt
Merc moral circumstauces which tend
only to lower the defendant's character
or to involve him in discreditable con
tradictious are plainly not enough. No
matter what the reputation of the de
fendant may be or how much his testi
mony may be damaged by cross-exam
ination, he still counts as one witness
on his own side and he can be over
balanced by not less than two against
him.
Iu all this I must not bo understood
as admitting that there was in fact auy
discrepancy between his conversations
and his testimony. I have good reason
to believe that the testimony of Thomp
son and Jamison makes out nothing of
this kind ; and I take it for grautcd
that in a case of this magnitude the
court will look carefully into every part
of the evidence which it thinks of any
moment.
The gum of all that can be said about
this part of the case is, that the oath on
which the defendant is accused of
perjury was neither material nor false.
It would be a scandal to the adminis
tration of justice, if any court in this
commonwealth would, under such cir
cumstances, pluck down the hideous
ruin of a sentence for perjury upon the
head of a man whose neighbors Hocked
around him by scores to prove his un
blemished character. Can this ever bo
done ? Certainly not on the testimony
of a single witness who swears to the
falsity of a statement which is wholly
immaterial.
On the question about the figure 5
in the judgment note, I have no time
to speak, and it is not necessary. If
the defendant gets a uew trial on the
point already discussed, he will have
what he needs; if not, it is useless now
to talk about anyth ng in the case.
But I ought to say that if it were
worth while I could show from the face
of the paper itself that Smith's recol
lection is the true one. The figure .5
was not tnere when he signed it.
J. S. BLACK,
May 19, 1883. It.
A Most Remarkable Case.
Dying—yet living. I>r. Miller, of
120 South Tenth Street, Philadelphia,
Pa., says: "I am personally acquainted
with a middle-aged lady in Philadel
phia, who had been given up to die by
a consultation of many physicians.
She was conliued to her bed for months,
and was momentarily expected to die.
In this condition she took Manalin
and, to the surprise and disappoint
ment of all, she recovered iier health
perfectly. Her case is reported in Dr.
Hartman's book on the ' Ills of Life,"
31st page. Ask your druggistfor one,
or address Dr. Hartman, Osborn, O.
—"What is a lady's sphere?" asked
the lady principal of a public school on
examination day. And a little red
headed urchin in the corner squeaked:
"Mice !" In the dreadful confusion
that followed the freckle-faced fiend es
caped.
—Mr. J. A. Strieker, Wrightsville,
l'a., says: "Brown's Iron Kilters re
lieved me at once of poor appetite and
sleeplessness."
—When traveling on a railroad it is
saiil that lying with the head toward
the engine will often euro a headache.
A more effective remedy is to lio with
the head on the railroad track in front
of un engine. The latter recipe ia
warranted or the money refunded.
l>r. Benson's Celery and Chamo
mile I'ills contain no opium, (piiuine,
or other harmful drug and aro highly
recommended for headache, neuralgia
and nervousness. 50 cents, at drug
gists.
SO. 36