VOL. 53—NO. 23
DR. [RVJN<; H. JENNINGS,
D Kyi IST.
Office Hours
A. M to ii M. '"i Mill
IV. ,W. to /' V Li.niville. I'n.
p stirM.
425 -MILL ST., DANVILLE, PA.
[} ~! the stomach and Intestines
.. Specialty
H CONDENSED.
The French seamen's strike lias been
called off at Marseilles and other ports
are likely to follow in a very short
time.
Mrs Joseph Straus, of Harrisburg.
undertook to act as peacemaker in a
fight between two cats and was so sev
erely scratched and bit-teu by her own
cat that she had to be taken to a hos
pital for treatment.
The hottest day will follow the cold
est ever, and there will be as much
growling about it when it comes as
about the cold.
The convention season is on schedule
time and the usual amount of enthusi
asm is being displayed in the various
causes.
Richard Oroker couldn't have had a
more effective way of bringing his
name before the public than to win the
derby.
A good habit is a ladder by which
we climb.
The formation in youth of a habit of
light reading exclusively,is an almost
sure preventative to intellectual de
velopment.
The startling calculation is now
made that the world's Methodists are
now so numerous that by joining
hands they could girdle the earth.
They number 30,000,000.
Maior William A. Smith, of Glas
gow. Scotland, the "Father ol the
Boys' Brigade," is visiting America
and is at. present in Boston.
Uncle Sam's uniform should com
mand general respect as an absolute
guarantee of gentlemanly behavior on
the part of its wearer.
Bamboo sap is still much used in
India as a medicine. It is believed to
he cooling,'tonic and strengthening.
A bad habit is usually invisible un
til it lias throttled its victim.
The field of old age is not fertile
enough to grow a large crop of habits.
The drug habit is frequently even
worse than the liquor habit.
June is showing a disposition to
make up some of the temperature de
ficiency, and it is high time.
The habit of keeping cool in trying
circumstances makes a man envied.
With the aid of steam heat and elec
tric lights vegetables and flowers are
being grown in Fairbanks, Alaska.
The growth of the rubber trade of
Ceylon has been phenomenal. The
total of Ceylon-grown rubber was 168,-
274 pounds in 1S)05, which rose to 327,-
028"pounds in 1 906.
New York shoe dealers are in great
need of cobblers. They complain tnat
young men will not learn the trade.
King Edward's taste in jewelry is
extremely quit. A horseshoe or single
pearl pin and a plain gold ring on his
finger are all that he ever wears.
Successful experiments are said to
have been made among the British
soldiers in India on protective inocula
tion for typhoid fever.
Habits of study, once formed, will
never lose their influence on a life.
The habit of going to church is a
good one with which to begin each
week.
The war department ' has decided
that the eight hour law is in force in
the Arctic regions ]ust as it is in oth
erg parts of the United States.
Many a man who will make a large
sacrifice for some good cause cannot
keep his temper under a small provoca
tion.
It is a sin to vent temper on chil
dren, and especially to punish them
when angry.
The production of Lilian corn in
Portugal and possessions iu 190t>
amounted to about 20,000,000 bushels
which large crop restricted the de
mand for foreign coru.
Dr. Francis E. Clark of the Christ
ian Endeavor Society, is visiting the
West Indies, Panama and South Am -
erican republics in the interest of the
organization
convention of the
bartenders' union will not be held
this year. It will meet in Toledo,O.,
next year.
John Mumbauer, of Cumru. Berks
county, owns a Maltese cat that is 20
years old.
A good sized temper is a priceless
possession if its owner has it under
perfect control.
Postal development in China has
made necessary a revision in the spell
ing of Chinese city names.
WELL-KNOWN
COUPLES WED
Two well-known couples of Dan
ville embarked upon the sea of matri
mony at very nearly the same hour
yesterday forenoon. Followed by con
gratulations and well-wishes of count
less friends a few hours after the cere
mony each departed on an extended
wedding trip.
Miss Mary A. Pfahler and Calvin E.
Keefer were married at 10 :!i0 o'clock,
at the home of the bride's mother,
Mrs. Sarah Pfahler,East Front street,
the liev. Lloyd W. Walter officiating.
The wedding was a very quiet affair,
no one but the immediate families be
ing present. The newly wedded couple
left on the 12 :10 Pennsylvania train
for a trip to Buffalo, Niagara Falls
and Toronto.
The bride is a well-known and popu
lar young lady of our town and for
several years past has held the position
of teacher in the South Danville
school. The groom was formerly a
resident of the south side where he
held the position of bookkeeper at
Hoover Bros.' planing mill. At pres
ent lie holds the position of county
commissioners' clerk at Sunbury. He
is a most exemplary young man and
has hosts of friends. The newly wed
ded couple will reside in Sunbury.
EDMONDSON-FOUST.
Miss Elmira Foust and D. Edward
i Edmondson were united in the bonds
of matrimony at i) :30 o'clock yester
day forenoon, the ceremony taking
place at the home of the bride's par
ents, Mr. and Mrs. V 4 'ebster Foust.
East Front street. The nuptial knot
was tied by the Rev. L. D. Ulrich,
pastor of Trinity Lutheran church.
Only the immediate families were
present. The happy couple left on the
11:23 P. & R. train for a trip to Al
lentown, Philadelphia and Atlantic
Oity.
The bride is a highly esteemed young
lady with a wide circle of friends.
The groom, who is a graduate of the
local high school of the class of 'O7,
is also popular and well-known.
Spent Day In Bloomsburg.
A number of Danville ladies enjoy
ed themselves very much at a birth
day party given in honor of Mrs. Isaiah
Raber of Bloomsburg Tuesday. Those
present were: Mrs. Russell Foust,
daughter Imogeue, Mrs. Ray Keeler,
Mrs. W. J. Williams, Mrs. Esterbook
and daughter Minnie, Mrs. Rogers,
Mrs. J. N. Pursel, Mrs. Pangh, Mrs.
Rishel.Mrs. Geo. Leighow.Mrs. Hale,
Mrs. Hess, Mrs. Burns. Mrs. James,
Mrs. Cook, Mrs. Albeck, Mrs. Roat,
Mrs. Grant Fenstermacher, Mrs. W.
H. N Walker, Mrs. Whapham, Mrs.
Swavze, Mrs. Anderson, Miss Lois
Williams, Miss Pearl Fenstermacher,
Beatrice Marian and Helen Pursel,
Sarah n ook, Martha Pangh, Mildred
Albeck, Joseph Whapham, Mrs. Gruv
er of Rupert, and Mrs. Tubbs and
daughter Marguerite of Espy.
Few Teachers Applying.
Fewer application for positions as
teachers than there have been for years
is the report from the School Boards
in this section. Danville is among the
number and the Board which meets in
a few weeks to elect teachers lias very
few applications except those of last
year's faculty. Among the vacancies
to be filled in Danville is the priucip
alship of the Third ward schools.
Faculty Re-elected.
At the regular monthly meeting of
the Board of Trustees of the Blooms
burg State Normal School the entire
facultv of the school was re-elected
witli the exception of Miss Starr,head
of the department of music, wh6 was
not an applicant for re-election.
At the meeting a report was receiv
ed on the matter of the school ap
propriation bill and the facti was
brought out that it is yet in the hands
of the Governor.
Children's Day Observed.
Sunday was Children's day, and it
was no where more fittingly observed
than at the home of Mr. and Mrs.
Charles Jones, Walnut street, where
twins were born, a bouncing boy and
a fine little girl.
How flyers Caught a Trout.
The feat of John Myers, who resides
in the First ward, Lock Haven, excels
anytiiing reported heretofore in the
fish line. The fishermen in Cherry
inn. Sugar valley.becoming weary of
hauling out the speckled beauties,pro
posed a game of base ball, which was
played along the fiats close to the
stream. Myers was playing first base.
A ball was thrown high.whioh passed
over his head and fell into the stream.
Myers rushed to the bank and made a
dive into the water for the ball. When
lie again came to the surface his com
panions saw him holding in one hand
the missing ball and in ttie other a
foot long trout. As the ball struck the
water the trout mistook it for a min
now or some other food and rushed for
it just as Myers reached the ball, so
with one hand he grabbed the sphere
and witii the other the tront.
DANVILLE, PA., THURSDAY. JUNE 18, 1907
Ml DOCS
1 UNTAXED
According to the assessors' returns
for the present year there are .iust li>s
dogs in the borough of Danville. Ac
cording to an off-hand estimate made
by an observing person after a tour
through town there are nearer 500
dogs. There is only one way to ac
count. for the discrepancy and that is
on the assumption that the assessors
are deceived by some tax payers, not
over conscientious in the premises,
and that many dogs are studiously
kept in the background when the as
sussor calls that ought togo on the list
of taxed dogs.
The same condition has existed for
years. Some parts of the borough are
overrun with dogs. One may see all
breeds, all sizes, all ages. While hero
and there a well-bred dog is in evid
ence, the vast majority are of the
worthless sort. 111-kept and ill-temp
ered they go skulking about, darting
out and snapping at the pedestrian
when lie least expects it. The mul
titude of dogs, an annoyance at any
time, become a positive menace when
an outbreak of hydrophobia occurs
anywhere in the neighborhood as it is
pretty sure to do once or twice during
the year.
There is only one way of cutting
down the number of worthless curs
and that is by enforcing the law and
making every person who owns a dog
pay the tax prescribed. Not only is it
known that there is a great deal of
dodging in this matter, but individu
als are pointed out who are more than
suspected of having made false rep
resentations to the assessor.
In some of our neighboring towns a
remedy is sought in the new law just
signed by Governor Stuart, which per
mits every dog that does not bear on
its collar a tax receipt to be shot. The
remedy lies in the hands of the eoun
cilmen.
According to the assessors' returns
tlie dogs in Danville are distributed
throughout the borough as follows:
First ward, 70 dogs; second ward, 48
dogs; third ward, 37 dogs; fourth
ward, 40 dogs. Last year 188 dogs were
assessed.
| PERSONALS! I
Frank Newbaker of New York City
arrived yesterday for a short stay with
his father.Dr. P. C. Newbaker, Mah
oning street.
Frank Kemmer returned to Lehigh
University yesterday where he will at
tend summer school.
Miss Maud Pensyl returned to Wil
liamsport yesterday after a visit witli
Miss Gertrude Heim, Front street.
Miss Anna Follmer of Milton is
spending a few days with Miss Stella
Doster, Church street.
Miss Catharine Shepperson.of Pitts
burg, accompanied by iier friend Miss
Grace Harrington, of McKeesport, is
yisiting the former's mother, Mrs.
Mary A. Sheppersou, Front street.
J. B. Grier will leave today for
Harwichport, Cape Cod, Mass., to
spend the summer months.
Rev. Geo. Atkinson of Sunbury is
visiting friends in this city.
Arthur Henry returned to Blooms
burg yesterday after attending the
dance Tuesday evening.
Jay and Carl Grimes returned to
Millville yesterday after a short visit
with friends in this city.
Mrs. W. W. Sweisfort, of Philadel
phia, is yisiting at the home of Dr.
Jonathan Sweisfort, Mill street.
Dr. P. C. Newbaker yesterday re
turned home from a trip to Philadel
phia, where he was on professional
business.
W. R. Miller,general manager of the
Danville nd Bloomsburg trolley com
pany, returned home yesterday after a
ten-days' vacation trip.
W. B. Rhodes, of Natchez, Miss.,
arrived in this city last evening for a
visit with his mother, Mrs. Maria B.
Rhoades, West Market street.
Firemen's Hcnlc.
The Continental hose company has
secured DeWitt's Park for the Fourth
of July and it proposes to celebrate
Independence day with a monster pic
nic at that popular resort. There will
be good music, dancing and game of
base hall between two of the leading
teams of this section. A variety of
other amnscments will be provided
and nothing will be omitted to make
the occasion an enjoyable one. Admis
sion to the park will t>e free and the
public is cordially invited to attend,
spending the entire day at the park.
Hazleton Selected.
Hazleton was selected by the dele
gates of the Six-County Firemen's As
sociation as the convention town for
next year, at the meeting of the body
at Mahanoy City Tuesday afternoon.
conns
■ICED
The school board of 1907-8 held its
first regular meeting Monday night. The
schools of the borough being closed for
the season, and the'date being a little
too early to take'any action on affairs
relating to the coming term the school
board had little business of importance
on hand.
Chairman Pursel announced com
mittees for the ensuing year as fol
io ws:
COMMITTEES. ~
Finance —W H. Ortli, F. E. Harpel,
M. D., Jacob Fischer, Harry H. Red
diug.
Building and Repairs—Jacob Fisch
er, Augustus Heiss, W. J. Burns, .T.
W. Swarts.
Supplies—W. J. Burns, J. H. Cole,
W. A. Sechler, W. H. Orth.
Printing—J. W. Swarts, Augustus
Heiss, Harry Redding, J. H. Cole.
Bills and Accounts—Jacob H. Fish,
W. A. Sechler, Harry H. Redding, C.
Leonard Foulk.
Text Books—W. H. Orth, Harry H.
A. Sechler, Jacob H.
Fish.
Transfers—Augustus Heiss, J. W.
Swarts, W. J. Burns, J. H. Cole.
Teachers and Certificates—F. E.
Harpel, M. D.. VV. ,T. Burns, Jacob
H. Fish, C. Leonard Foulk.
High school —Jacob Fischer, F. E
Harpel, M. D. W. H. Orth, Harry H.
Redding.
Grievance—F. E. Harpel,;M. D., W.
J. Burns, Jacob Fischer, C. Leonard
Foulk.
On motion of[Mr. Fischer the bond
of M. H. Schram, treasurer,for 125000,
was unanimously approved by the
school board.
On motion ofJJMr. Burns it was ord
ered that a blank receipt book for non
resident pupils be procured for the use
of the treasurer of the school district.
On motion it was ordered that 100
committee cards be printed for general
use.
The subject of fixing the date of
meeting to elect teachers was consid
ered but no action was taken. It was
gathered from the proceedings that
the election might not lie held quite so
early thin year as has been customary.
Borough Superintendent. Gordy ap
prised the board of the fact that there
will lie at least, two vacancies in the
corps of teachers and that he would
not be surprised if there were four or
five vacancies.
On motion of Mr. Fischer it was
ordered that a notice be printed notify
ing teachers who wish to apply to
have their applications in by the even
ing of June 17.
Want a New Borough Map.
Danville is badly in need of a map,
which will show the town as it exists
today, and give information on a var
iety of subjects that will be found
very useful, if not indispensable, in
the conduct of municipal affairs.
There are several old maps of Dan
ville in existence, but these, while in
teresting as relics, are without any
practical value after the lapse of so
many years, during which the town
has expanded and changes affecting all
departments have occurred.
To be of any value a map should be
modem. It should show on clearly
defined lines all boundaries, the ward
divisions,steam and electric railways,
water systems, gas systems, sower sys
tems, street monuments, river em
bankments, elevation from low water
level in the river, proposed street and
alley extensions,along with the names
of property owners as assessed when
the map was made.
The matter is already being agitat
ed and in a short time council will be
asked to authorize the making of a
map of the above sort. As a sample of
what is iieeded an up-to-date map of
the town of Sunbury lias been borrow
ed and displayed in city hall. The
map was made in 1899 and is the work
of Borough Surveyor George F. Keef
er, of Sunbury. and of Ogden H.
Ostrauder, O. E., of Riverside. It
is a fine specimen of art and at first,
glance appeals to everyone as just the
thing needed. The boundaries of ev
ery lot of ground are distinctly shown
and the name of the owner is printed
on the enclosed space.
Pennsylvania Educators.
The fifty-first session of the Penn
sylvania State Educational Association
will bo held at Greensburg, Westmore
land county, July 2, 3 and 4, 1907.
Special efforts have been made to pre
sent a program of great worth. The
State Teachers' Association is of the
highest professional value to teachers.
Many school measures found upon our
statute books are traceable to the in
fluence of this organization. The en
rollment fee, which is sl, may be sent
to Professor David S. Keck, treasurer,
Kutztown, Pa.
The National Educational Associa
tion will meet in Los Angeles, Cal.,
July 8-12, 1907. Pennsylvania has been
honored in the choice of Dr. Nathan
O. Schaeffer as president of this as
sociation.
JUDGE EH
SIIIS WARNING
The case of Charles Brumbaugh, who
was placed in the custody of the sheriff
last week as one not having proper
care and guardianship, was temporari
ly disposed of by Judge Evans on Sat
urday afternoon. The hoy was placed
in the hands of Chief-of-police Mince
moyer as probation officer. Meanwhile
he is permitted to live with his grand
mother.
The otter absence of parental con
trol, it will be recalled became man
ifest through Charles Brumbaugh's in- j
different attendance at school and the \
school board, with a view of improv- |
ing the boy's condition, through its J
attorney, Ralph Kisner, brought the i
case before court.
Charles wept bitterly as he was led |
into court by the sheriff. He is a bright i
looking boy and on Saturday was verv
neatly dressed. Whatever his hard- j
ships may have been, whatever his [
home may lack.it is the only home he j
has ever known and while detained at j
the jail he grieved almost constantly, j
He was the object of much sympathy |
while in court Saturday. He was in- |
telligent enoxigh to catch the full drift j
of the proceedings. Whenever the
evidence relating to his home associa- j
tions seemed unfavorable he cried and
sobbed most despairingly,but whenever j
a more encouraging tale was told he j
was quick to brighten up and strained
every nerve to catch the full signific
ance of the testimony.
Borough Superintendent U. L.
Gordy and Truant Officer W. E. Young
testified as to the boy's attendance at
school. He was present bnt 59 days
out of 180 days. Botli witnesses agre
ed that he was a good sort of a boy in
school,but the difficulty was to secure
his attendance. Both also agreed that
no one at home seemed to be in parent
al control and that the boy was with- 1
out the proper guardianship and care.
Chief-of-police Mincemoyer and
John Grier Voris also testified, after
which the boy himself was called to
the stand. The little fellow said he
lived with his grandmother and aunt
and that he had a "pretty good"
home ; that both grandmother and aunt
"tried" to treat him well. Heacknowl
edged that he had not attended school
anywhere near regularly but he ex
plained that lie was obliged to work.
He was furnished with employment by
"the Italians," who paid him two
dollars per week and board. He had
to clothe himself, but a portion of his !
earnings he gave to his grandmother i
for medicine.
Following the boy Grandmother
Brumbaugh herself, was placed on the \
stand. She corroborated the boy and
after giving some facts as to his par- J
entage took occasion to contradict the
police officers in some important testi
mony. As a result of this mild im
peachment the two officers were recall
ed, when they not only repeated their
former testimony with emphasis but
added more of like nature,the effect of
it all being to show that the child is
"dependent and neglected" and that
his associations at home are such as to
have a demoralizing influence on his
life.
After oonsulting with the two as
sociates Judge Evans announced that
lie would make no disposition of the
boy at present. He would place him
in charge of the chief-of-police as pro
bation officer until the nest term of
court, on ths fourth Monday of Sept
ember. Meanwhile, the boy will be
permitted to return to his home.
Before dropping the matter Judge
Evans tooK occasion to define very
clearly his position respecting the so
cial evil. Houses of prostitution, he
said, will not be tolerated and it is
the business of the police to know the
nature of such places. He wanted it
understood,lie said, tiiat a term in jail
awaits not only those who conduct
such liouseß, but the inmates as well.
Girl Missing at Trevorton.
Not finding the slightest trace as to
the whereabouts of Miss Nora Edwards
at Trevorton,a searching party return
ed from the mountains ou Tuesday
with the belief that Bhemet death and
that her body is probably in a mine
breach. She is a young girl and came
to Trevorton from Shamokin last Sat
urday night to visit relatives. Because
she did not report earlier in the even
ing to her relatives after arriving she
was reprimanded. She said she would
go into the mountains and kill herself
and before any ono could prevent her
she disappeared.
Freight Smashed Auto.
Friday evening at Suubury as Mrs.
Mary Greenough Stevenson with a
party of friends in her Fvaaklin tour
ing car was about to oross the Penn
sylvania tracks at Market square, the
grasoline ran out, stalling the car on
the tracks. A freight train was ap
proaching and an attempt was made to
flag it. The locomotive withunslack
ened speed, however, struck the car
breaking the dasher. Fortunately the
occupants had opportunity to escape.
IDE EVE
WAS PROVIDENTIAL
Joseph Curry, the seven-year-old son
of James Curry,' Bank street, was res
cued from drowning in Mahoning
oreek yesterday, after he had sunk for
the third time. The rescue was a most
remarkable and sensational one.
About 10 o'clock as Patrick McKeev
er.who had just left the Reading Iron
works, was crossing the bridge over
Mahoning creek, he noticed an object
iu the water, that somewhat resembl
ed the top of a child's head. Only the
hair was visible. While the man was
looking the object sank out of sight.
Very much mystified Mr. McKeever
waited a short time —which he thinks
may have been two minutes or more—
for the object to reappear at the sur
face.
Meanwhile he became impressed
with the idea that a child might have
fallen in the creek and was drowning
and when it became evident that the
object had suak to rise no more he im
pulsively plunged into the water, j
which was nearly over his head, and |
began to search the bottom of the |
stream.
He was successful in finding the
child's body, which he brought to the
surface. The boy was unconscious and
displayed little sign of life. The man,
however, knew what to do in such an
emergency and, aided by some women
who ran to the spot, indue time he
succeeded in removing the water from
the body and restoring respiration. It
was not until a good while later that
the boy recovered consciousness.
It appears that the little fellow was
playing along the edge of the stream,
where the shore sinks abruptly, and,
missing his foothold, fell into the
deep water. Had Mr. McKeever been
the fraction of a minute later in cross
ing the bridge he would not have dis
covered the boy, who was sinking for
the last time. There was clearly some
thing providential in the escape.
Heavy Timber Being Sawed.
William H. Dildine, of Exchange,is
a busy and enterprising citizen of
Anthony township. In addition to his
store and planing mill, he is operating
a portable saw mill on the larm of
Mark Graham, formerly the John R.
Bennett farm, where he is sawing some
very big timber.
The Graham farm contains a large
tract ot the finest woodland that is to
be found in Montour county. Just row
the owner is preparing to build a large
barn and wind breaker and it is for
the purpose of preparing timber for
these structures that Mr. Dildine's
saw mill has been installed on the
premises.
Anions other timber sawed for Mr.
Graham are two sticks that are quite
noteworthy. One of these was 33 feet
long and produced SlfiO feet of sawed
timber ; the other was 40 feet long and ■
prodcued 1002 feet. The latter piece
out one stick, ten by twelve inches and
another seven by nine inches, the bal
ance being two inch plank. The tim
ber required for Mr. Graham's barn,
all of which will be sawed from trees
growing on the farm, will approximate
something like 50,000 feet.
Mr. Dildine is erecting a 20-foot an
nex to his store at Exchange, and has
eight men employed on this job. The
annex, which stands in front of the
building, is practically completed and
by Saturday night the owner expects I
to be selling goods in the new portion.
Taking in his planing mill and all
his other operations Mr. Dildine has
for some time past had 15 hands em
ployed.
Late Train Will Not Run.
The effort to induce the D. L. & W.
railroad company to put a late train
on this division to enable business
men to make a trip to New York and
return the same day has evidently end
i ed in failure.
During a visit yesterday Superint
endent Rine stated that no action had
as yet been taken in the matter of
| placing in service 'a late train from
New York. Speaking for the railroad
company he said the officials could not
see how such a train could be made to
pay expenses. The amount of patron
age it would receive was very uncer
tain. He thought it exceedingly doubt
ful whether any action would be tak
en in the matter.
It will be recalled that the people of
Danville were very much interested in
j the proposition to secure the late
I train, while the Chamber of Commerce
- of Bloomsburg and the board of trade
| of Berwick sent in numerously signed
| petitions relating to the matter.
Herry W. Sprague, of South Bethle
hem, on Monday took his family and
Mr. and Mrs. O. F. Zulick, of East
o% out fur a spin in his new automo
trtie and while crossing a railroad the
auto stalled on the track just as a
passenger train came in sight. All
leaped from the auto and escaped just
a few moments before the locomotive
struck it and dashed it into a heap of
junk.
ESTABLISHED IN 1855
«lll» YEARS
IN PIWII
The case of Commonwealth v.* Peter
Dietrich, in which a verdict of mur
der ia the second degree was returned
at the last term of court, was disposed
of Saturday. The defendant for the
second time was sentenced by Judge
Evans, receiving as at the former trial
fourteen years in the eastern penitent
iary. It will be recalled that the de
fense when the verdict was announced
moved for an arrest of judgment and a
new trial.
Tho motion for a new trial was argu
ed during the forenoon, Saturday.
Hon. red Ikeler took up the case for
the defense. None of the reasons ad
duced were new but were those which
during the trial formed the grounds
for hot contention between the oppos
ing attorneys
The reason for a new trial emphasiz
ed the most was that the court erred
when it overruled the defendant's
spceial plea of jeopardy, contending
that the latter could not be put on
trial the second time on the charge o
murder in the first degree. The first
verdict secured being that of murder
in the second degree the defendant
could not afterward be tried for any
higher degree of murder. The supreme
court did not say go back again and
try the defendant on a charge of which
he had been acquitted. The point
especially emphasized was that, while
the Commonwealth explained to the
jury that it would "not press" for a
verdict of murder in the first dergee,
the case was sent to the jury on an in
dictment of murder in the first degree
and the jury was left to infer that it
was only through the gracious spirit
and the leniency of the Commonwealth
that it did "not press" for a first de
gree verdict. The jury should have
been informed that the defendant was
not charged with "first degree mur
der" and that the Commonwealth had
no right to ask for a first degree ver
dict.
~ MU. HINCKLEY'S ARGUMENT.
Hon. H. M. Hinckley in his reply
contended that every point involved
in the "reasons" advanced, were
thrashed out at the last trial. For the
most part Mr. Ikeler's argument was
merely a criticism of language. To
have accepted the defendant's special
plea of jeopardy Mr. Hinckley said,
would have implied that he could not
bo tried at all. The action of the sup
reme court in sending the defendant
back for trial on a new venire left no
alternative but to try him on the ori
ginal indictment; it was all the Com
monwealth had to proceed upon and,
besides it was clearly the intention of
the supreme court that the original in
dictment should be acted upon.
The Commonwealth. Mr. Hinckley
said, acted advisedly in the premises
| and in view of the peculiar circumst
[ ancos of the case, at the very outset
■ the fact was impressed upon the jury
1 that the Commonwealth would not
press for a first degree verdict. This
fact was studiously kept before the
jury by the attorneys for the Common
wealth and the court in the charge to
the jury was careful to emphasize the
fact that first degree murder was elim
inated and that they could find one of
three verdicts—murder in the second
degree, voluntary manslaughter or not
guilty.
MOTION OVERRULED.
' At. 11 :45 o'clock court adjoruned for
' the forenoon. ,Tudgi> Evans explained
; that he would dispose of the case of
, Commonwealth vs. Peter Dietrich at 2
! o'clock, the hour of reconvening,
j Promptly at the latter hour Judge
| Evans announced his decision. The
! motion for arrest of judgment and a
| new trial was denied. Peter Dietrich
| was immediately called before court
! and sentenced. Upon being asked
! whether he had anything to say why
| sentence should not be passed upon
him he replied:
"Only this, that I am not guilty. "
The sentence of the court then fol
lowed : "That you, Peter Dietrich, un
dergo an imprisonment iu the Eastern
penitentiary at Philadelphia at separ
ate and solitary confinement for a
I>eriod of fourteen years,to be comput
ed from this date, and you to stand
committed until the sentence is com
plied with, the sheriff to conduct you
theuce within ten days from this date
and to be allowed one assistant. "
j Immediately following the passing
iof sentence William Kase West of
counsel for the defense arose and ask
ed that the stenographer be requested
to write out the evidence,as it was the
intention of the defense to appeal the
case.
The Dance a Success.
The dance given at DeWitt's Park
Tuesday evening was a success in ev
ery way. The attendance was large
and music furnished byHower's seven
piece orchestra of Bloomsburg was
much appreciated by all present. T ■
committee who had the affair inch
were Thos. Foltz and Chas Hnrti
A French invention,' consists. 112
bulb thermometers, predicts at .u
--1 down whether there will be frost.