VOLUME 17 McCONNELLSBURG, PA., MARCH 30, 1916. NUMBER 2S FELONIOUS ASSAULT. On Second Ballot Jury United in Find' fog Barnharts Guilty of Felonious Assault. New Trial Asked For. When the News went to press last week the trial of the Barn- hart Brothers was still on, and did not close until 2:30 Friday af ternoon, at which time the Jury retired and returned a verdict at 6 o'clock that evening "guilty of felonious assault." The grand jury on Tuesday morning had found a true bill in each of the following five counts in the indictment: 1. Murder. 2. Voluntary Manslaughter. 3. Felonious Assault. 4. Felonious Attempt. 5. Aggravated Assault It was on the third count that the Petit Jury agreed. The Court would have given the boys their sentence at once, had it not been that the counsel for the de fence asked for a new trial, and April 20th was the date set for a hearing of reasons for a new trial, and deciding whether or not the reasons are sufficient to justify a new trial. In a general way, the evidence produced by the Commonwealth wa?, that on the 14th of last Oc tober, Arthur Barnhart,his sister, and Miss Viola Shi ves, were pick ing apples on one of the big fruit farms west of Hancock; that they quit work and started home about 5:30 p. m., traveling by way of the Hancock-Buck-Valley public road to a lane leading from the said road to thejr home. After having gone into the lane about fifty yards, they heard the voice of someone farther up the main road utter a call. Arthur and the two women then turned, went back to the Hancock-Buck-Valley road, thence westward about 700 feet to a point where they found Walter and Harry Barnhart Bit ting by the road. According to the testimony of the two women, not many words passed until Wal ter Barnhart struck Arthur; Har ry struck Arthur with rocks; and that in the melee Arthur was cut with a knife and left lying beside the road where he remained until the arrival of Drs. Stigers and 31ray, of Hancock, who dressed lis wounds. Arthur was then carried to his home. Dr. Gray testified that when he reached Arthur, he found him in :he road with a flesh wound on ;he left breast about half an inch n length; another, about the same size in the abdomen; and third, in one of his legs the last wound being larger, and that the three cuts had been made with a knife; that he put one stitch in each of the upper wounds. These wounds, the Doctor said, were all flesh wounds-that the knife had not struck any of the vital organs, and that at the end of a month the upper wounds had healed, and the lower wound, which showed infection, was -doing nicely. But about ten days before Arthur's death, Arthur contracted lobar pneumonia, and death followed on the 2nd of December. The Commonwealth produced a witness who testified that he was riding along the road; that he saw the defendants sitting by the roadside where the fight after ward occurred; that the defend ants had inquired of him if he had seen anything of Arthur Barnhart, and he told them he had just passed Arthur down the road. On the part of the defendants, a witness was called who testi fied that some time before this difficulty he was in the orchard where Arthur was at work, and noticing something in Arthur's Pocket, he asked him what it was. Arthur made reply by put ting his hand into his pocket and drawing it out with a set of steel knuckles on, saying, "That is what it is, and I propose to use them on Walter Barnhart" Two young men who had been working in the orchard the day of the trouble, were on their way to their home. They swore they came to where the defendants Were sitting by the road, stopped io taiK, ana while they were there, Arthur came up the road, and turned into the lane. When in the lane some distance, he and the two ladies turned. Mrs. Shives and Viola tried to prevent Arthur's going back, but that he got away from them and went back to the road and up the road to where the defendants were sitting; that Walter and Harry told Arthur they did not want to have any trouble with him; that Arthur got around near Walter and hit him a blow that knocked him down; that he immediately turned and Btruck Harry knock ing him down; then went back to Walter who was attempting to get up, and that he and Wal ter clinched and scuffled for some time, while Harry was lying on the ground asla result of Arthur's first blow. The defendants Walter and Harry Barnhart, went on the stand and stated that they had gone that day with a load of ap ples to make cider, but not find ing the man who owned the press at home they unhitched their mules and went into Hancock got the mules shod and started to ride home, that they got tired riding and had walked part of the way. After passing the lane leading to Arthur's home some 800 feet, they sat down to rest, While there the man on horse back came by and the two young men came. They heard Arthur and the girls come up the road and turn into the lane Walter hollowed "Go to h-". Arthur turned and came out the lane and up the road to them. They told him they did not want any trou ble with him. Arthur approach ed with his hand in his pocket, and when near Harry struck him knocking him to the ground. Ar thur then struck Harry, prostrat ing him. Walter testified that when he -got up, Arthur left Har ry who was down, and rushed at him. Walter then observed the knuckles, and after clinching, got out his knife to save his life and keep Arthur from killing him, Walter cut the best he could vto save himself. When Walter got loose he at once start ed toward home, and stopped on the way to show his wounds to one man. Harry testified that he did not know anything after being struck by Arthur until af ter Arthur was down and his brother had started off. Dr. James McKibbin, stated he went to see Arthur at the re quest of the defendants, that he went with Dr. Gray, on Nov. 29th, and he examined all the wounds, found them all healed except the one in the leg, and that in a healthy condition; that Arthur was suffering from lobar pneumonia, and he gave it as his opinion that the pneumonia was in no way due to the wounds. Dr. John W.- Mqsser testified that the cut on Walter's head had not been made with a fist but with some solid instrument. There was much conflicting testimony. The case was ably tried by the District Attorney Hon. S. W. Kirk, and Hon. John P. Sipes for the Commonwealth, and Ex- J udge Lonenecker of Bedford, and John R. Jackson, Esq. of Mc Connellsburg, fo-the defendants. A Charming Hostess. The Ladies' Aid Society of the Presbyterian church was enter tained at the home of Mrs. C. R. Spangler, last Thursday after noon, when a beautiful luncheon of a most appetizing nature was served. The same evening the teachers of the Sabbath school were made partakers of the hos pitality of this charming hostess, who, since removing with her husband from McConnellsburg, has become prominently con nected with church and Sabbath school work and is socially very popular. The Hancock News. Mrs. R. E. Peterman and son, Bobby Adams, are spending a fortnight in the home of Mrs. Pe- terman'i parents in Gettysburg. I From dusk until dawn, threo hundred and tsixty-live nights In the year, akrd "who works all nlffht on tho Hill?" as the residents of Harrlsburg are wont to refer to the Capitol. It has become generally known to Ilnrrlsburgers during the pant few years that these wtuktng beacons are the windows of the State Department of Health where every hour of the twenty-four, year In and year out, some one is on guard to set In motion the machinery nocesaary to protect the people Li the event of great emergencies or Borne Individual In need of assistance Gradually the knowledge haa spread throughout the State that Commissioner of Health Samuel G. Dixon has a guard always on duty. All throngh the night, long-distance telephone rails and telegrams arrive from over the otate asking for aid and assistance. The night man transmits these messages to the Commissioner or his subordinates without delay. The Department of Health has six hundred and sixty-seven stations throughout the 'State for the free distribution of diphtheria antitoxin to the poor. Whenever an epidemic breaks out and tbe local supply is exhausted, fresh supplies of antitoxin are shipped on the first train out of Harris burg after the order Is received. RECORD OF DEATHS. Short Sketches of tbe lives of Per- sons Who Have Recently Passed Away. Mrs. A. M. Corbin. Mrs. Mary Julius Corbin, wife of Ex-County Commissioner A. Milton Corbin, died at her home in Taylor township, Wednesday morning, March 22, 191G. The deceased, whose maiden name way Storm, was born and raised at Cre8son, Pa. and was married to Mr. Corbin on December 17. 18S2, who is left to mourn her demise. Mrs. Corbin wasja fine woman in every respect and was very highly esteemed by all her ac quaintances. She had been a long and patient sufferer from cancer, which was the cause of her death. She attended services at Center M. E. church regular ly, at which place funeral servic es was held last Sunday morning at 10 o'clock. Interment in the adjoining cemetery. Mrs. Lydia Rotz. Mrs. Lydia Rotz, widow of Na thaniel Rotz, late of Todd town ship, deceased, died at her home in Upton, Franklin county, Friday afternoon, March 24, 191G, aged about 49 years. The funeral wa3 held Monday, the services being held in theGerman Baptist church at Upton, and her remains were taken to Cashtown, Adams coun ty, for interment. The deceased is survived by four children. Additional Court Proceedings. The grand jury recommended the erection of a county bridge at Gladfelter's fording in Taylor township. Also, a county bridge at the Daniels' fording in Bethel township. The petition of Thomas R. Ben son was presented asking for the appointment of viewers on a pri vate road in Taylor township. The Court appointed M. R.,Shaff ner, D. H. Patterson and F. P. Plessinger. In the estate of A. G. B. Pow ers, inventory filed and ordered to be recorded unless exceptions be filed within twenty days. In the estate of John J. Mc Donald, late of Licking Creek township, deceased, return of sale of real estate was confirmed. In the case of the 'Common wealth vs. Silas Mellott, the de fendant appeared in court, plead guilty, and sentence was sus pended. , In the case of the Common wealth vs. Clyde Byers, recog nizance forfeited. Subscribe for the News. p i 19- 'A'MV mu Tlwf!Ml ' ill' ' f iJtfS STATE CAPITOL, OLR DISTANT FIENDS. Interesting; Extracts from Letters Re ccntly Received from Former Ful ton County People. Harry Aller, Leona, Kans., March 20. Enclosed find one dollar for which please renew my subscription to your paper, but do not send it in care of A. C. Gentzler, as I am now in a home of my own. We are having sum mer weather now and are busy with our farm work. We finish ed sowing oats to-day. R. Sharpe Patterson, Con cord, Calif., March 18th. For the enclosed check, please push my tab up to 1917. We certain ly do enjoy the News. It is just like a letter from home every week. We left dear old McCon nellsburg about twelve years ago. I find in perusing the paper that there have been a great many changes in that time some of our old friends have passed to the other world. We have a fami ly of three husky boys and it makes me feel "aged" when I see how fast they are growing up. Mrs. Patterson joins in sending kindest regards. Mrs. Linna A. Trogler, 2905 W. Seventh Ave., Denver, Colo. Thi3 is my address for the con venience of any of my Pennsyl vania friends who may feel like w riting to me. We left Mercers burg at 3:30 on the afternoon of March 15th, reached Harrisburg at 7:00; Pittsburgh at 2:00 the next morning; Columbus, O., at 10:30, and reached Chicago at G:C0. From Chicago to Denver we made the trip on the Santa Fe. We saw large corn fields in Indiana and Illinois with lots of fodder standing out In passing through Kansas we saw farmers busy ploughing and planting po tatoes. The children, as well as myself, became sick and very tired in making the long journey, but we reached Denver at 1:20 Saturday afternoon, after a jour ney of nearly three days. Den ver is a beautiful city, but I am homesick for Menvraburg. My health is poor. Perhaps when I get to feeling better I may like Denver better. W. L. Stevens, of Laidig, call ed at the News office while in town last Friday. His son George who visited his home folks some time.ago, is now back at his work on a big farm in Illinois. Ex-County Commissioner Sam uel D. Mellott, of Belfast town ship, spent last Friday in Mc Connellsburg and made a hasty call at the News office. HARF?lSEUEO three lighted windows glow on Capitol Waning Came Too Late. Last Saturday, near New Ox ford, Adams county, Edwin Mummert a school teacher 23 years of age, was ' killed. With his father and brother, Edwin was felling trees. They had chopped down a big oak and were lopping off the limbs, when the tree become unbalanced and sud denly rolled over. The father nearby shouted a warning but too late as a heavy limb caught Edwin and crushed him. Addi tional help had to be summoned before the young man could be released, and after pleading in vain for relief he became uncon scious and died before the weight could 'be removed. In Licking Creek township a few days ago occurred a thrilling escape from death under some what similar circumstances. Rev. Ahimaaz Mellott, who has been in very poor health for some time lives in the home of Milton Deck er. A few days ago Mr. Mellott became very ill and one of Mr. Decker's daughters ran to the woods to tell her brothers who were felling timber. Just as she was within a few yards of the boys, a tfee which they were chopping down started to fall in the direction of the girl, and in her excitement she did not see the danger in time to escape. The tree which was a large one branched into two large forks. When the tree came to rest on the ground, the girl stood un harmed in the fork, the great limb on either side of her being not more than three inches from her body. Pruning Trees. Prune annually but never heav ily. Do not cut out large limbs. Frost bitten wound3 are slow to heal. Never leave stubs in cutting off limbs. Wounds heal most rapidly in spring. Keep trees free from suckers. Torn wounds are generally fa tal. Summer pruning induces fruit fulness. Heavy pruning is always fol lowed by a heavy growth of suckers. Winter pruning, when the tree is wholly dormant, increases the vigor of the tree. In transplanting cut back, top and root. Burn all the wood to prevent spread of insects and disease. Subscribe tor only $1.00 a year. the "Neva' Hall. Many a bolated pedestrian baa SHOES HIGHER IN PRICE. Hide Shortage, Population Increase, Ar my Shoes and Autos Create High er Footwear Prices. A side effect of the far-away war that interests every man, woman and child is the announce ment of the fact that shoes must this season advance in price. The generally reported scarcity of leather and increased cost of tanning since the war, combined with an enormously increased de mand for leather, all account for the advanced cost of footwear. Millions of pairs of shoes for the European armies have been and still are being made by the American shoe manufacturers. On the average, these army shoes consume one and one-half as mucn leatner as the average man s shoe. Knapsacks, saddles, harnesses and other material for the ar- mies at war ana a general in crease in equipment for the American army and state militia account for a still further demand on the none too large supply of leather. Munitions plants have called for thousands of feet of leather belting and the general picking up of business has started sthou ands of factory wheels and greatly augmented the call for belting. Autos have also made great and increasing inroads into the available leather supply for up holstering. Leather is a by-product The supply cannot be increased at will as crops and metals are, but is dependent on the hide supply; and cattle are not killed, prima rily for their hides. The latest census reports show that the cattle population has de creased 20 per cent in the last ten years and the population has in- f creased the same percentage. Shoes therefore are to be more expensive. It is said that the increase for the present will be about 20 per cent, but will like ly be more by next fall. Best Buckwheat State. Pennsylvania leads in the buck wheat yield this year, not an un usual agricultural result Fulton county habitually holds first place as to quality and quantity, where it has stood for half a century. The State Agricultural Depart ment reports that more than sev enty per cent of all buckwheat raised in this country is grown in Pennsylvania. New York is second. OYSTERS. Utile Talks on Health and H'glene by Samuel G. Dixon, M. D., LU D., Commissioner of ' Health. Oysters furnished food for pre historic man as demonstrated in the great Indian mounds of oys ter and clam shells in whi'h are found ancient implements of war and industries. Oysters have continued to be an article of food much sought after by man and beast The oyuter however, ha3 become so high in price that on the basis of food values it cannot be listed as of economic impor tance. Through its geographical range at home and abroad this bivalve has become fraught with danger from the sewage polluted waters which now reach many of the oyster beds from our large munic ipalities. The thickly populated communities are mostly along the streams owing to the fact that man has always settled near wa terways and in the early days of our history the industries depend ed entirely upon water power for their mills. As these centers of population increased the disposal of waste became a great problem resulting in building of conduits to lead it into the pure waters Nature had given us. These flowing streams carried the wastes away from the doors of one community only to poison tho waters for those living down stream and at the same time pol luting the waters covering our oyster and clam beds as well as driving away from our streams valuable fish. The raw oyster to-day is to be looked upon with suspicion. So great care should be observed in purchasing them. The seller should be known to .be reliable and he should know from what bed3 he gets his supply. It is hard to explain why the oyster furnishes a fashionable dish when is has become the cus tom to supply the culls, which a few years ago would have been thrown back into their bed3 as being unfit for the market The food value of four or five of these culls is almost nil and the taste so insipid that they are flavored with strong condiments that en tirely destroy what little natural flavor the culls had: therefore, it can hardly be said that these culls thrown out from the cook- able oysters from various beds, are palatable. They are. how ever, dangerous as they can and do sometimes carry the germs of typhoid fever. Why, therefore, eat raw culls containing little or no nourish ment with littlfi nr nn taatn onA - - - - . v W VUtJVW l yet not infreouentlv parruino- tha germs of disease? But- "I will follow thee, but"- promised one who came, listened and was interested when the Master was here Pn earth. He meant to be a disciple, but there was something else he wanted to do first and we do not hear that he ever came at all. If we were not so busy! It is that which makes the prayer meeting such a tiny gathering, and Sunday-school teachers so hard to secure, and leaders in church work so few. We do mean to follow the Lord, but Thi3 is even the reason frequent ly given for not becoming a Chris tian at all, and voices explain with a note of regret: "Yes, I believe in such things. I've al ways meant to join the Church some time, and lead a different sort of life, but I've always had so many things on my mind that I had to attend to, forever in a rush, you know, that some way" But to-day, as when he walked in Galilee, Christ accepts no con ditional followers. His call must come first or remain unanswered. Those who seek to give him what is left of their time, their hearts their allegiance, after everything else has been served, are offering the gift he will not receive.