VOL. f>G—NO 23
ITEMS CONDENSED.
Soma farmers iu Chester county
complain of smut iu thoir wheat.
Karl Diffemlerfer, a Wrightsville
boy, who was recently struck by an
automobile, has (lied of his injuries.
John Balliuger was blasting stomps
with dynamite near Lancaster when
he got to close to a slow fuse and lost (
all his teeth.
En route from New York to Middle
port on a Jersey Central train, Mrs. |
William J. Edwards gave birth to a j
son as the train reached Taniaqua. j
Out of the forty-two young people I
who recently took the examination for J
teachers' certificates in Bucks coun
ty, but five were of the male persuas
ion.
There are 011 file with the state high
way commissioner at Harrisburg, ap
plications for the building of 4,702 |
miles of Btate road in different parts of j
Pennsylvania.
Public school children in Lower
Merion township, Chester county, were
given a holiday on Thursday because
of the dedication of the new §OOO,OOO j
township high school.
At West Chester recently two street
venders of ice cream were arrested and
fined $25 and costs by a local magist
rate on the charge of selling ice cream
that was not up to the standard.
George Sherrer, age 125 years, an
electrician,was electrocuted Thursday j
at Bethlehem, when 2,800 volts passed j
into his body, while he was doing some j
repair work at the residence of O. M.l
Schwab, j
Eight men were killed and a num- j
her wounded when an explosion of
dynamite occurred at. the cement rock j
quarry of Mill B of the Lehigh Port- i
land Cement company, West Coplay, 1
Thursday morning. The cause of the
explosion is a mystery.
Ephraim Brnbaker, aged 10, was j
killed while scuffling with his broth- j
er Benjamin, age 12, at their home at j
Manheim,Thursday. The younger boy j
wanted to assist in hitching up a team
but Ids brother objected,seized a whip
and an after him. Ephraim trio.l to ,
get the whip ami in the scuffle was j
thrown to the ground. Benjamin's
knee struck the stomach of his broth- j
er, an artery burst and instant death j
followed from internal hemorrhage.
Guirney Rupert, of Quakertown,re- j
cently fell into a cistern iu a wagon
house and met death. His neck was
broken. His father went to search for
him ami fell on top of the body, es
caping injury.
Alvin Ebersole, while trying to hive
a swarm of bees near Marietta, recent
ly, was nearly stung to death. He went
to the office Of a physician and fell
unconscious. To revive him was not 1
an easy task. The bees escaped.
Many State senators and representa
tives have declared to the Philadel
phia Press their approbation of an in- |
vestigation into how the State's mon
ey has been expended in connection i
with tlie building of the Rittorsville
State hospital for the insane.
Miss Josephine Dougherty, an act
ress of New York, after searching all
over the United States and Europe for
her father, Samuel T. Dougherty,from
whom she has been separated since she
was 2 years old, believes that the miss
ing man is in Philadelphia and Ik b
asked the police to locate him.
The new big stationary engines for
Mahanoy Plane are being constructed
at the Scott works, in Reading. ;Tliey
will be finished by the end of Septem
ber, it is thought, and when they are
installed, the capacity of the plane
will be doubled. Other improvements
at the plane will be completed about
the same time.
Captain John V. McAlpin, late of
company C, Sixteenth infantry, and
Captain Di rby B. Neacley. late of
company A, Eighteenth infantry,have
been discharged from their offices in
the National Guard. They were declar
ed "unfit to discharge the duties of
their office," because they had failed
to settle accounts in a satisfactory
manner and the State had recourse to
their bondsmen.
An old Williauisport resident recent
ly informed a representative of one of
that town's newspapers that June 2,
1848 it was so cold that the corn in
the fields was frozen from the top to
the ground, anil that in the orchards
under the apple trees tho ground was
black with frozen fruit. The freezing
did not hurt the corn £much he said,
and the farmers who made no attempt
to replant reaped a full crop. Those
who replanted between the old hills,
however, had many stocks for their
trouble, but little corn.
One of the oldest landmarks in north
ern Northampton county is being torn
down. It is an old log building at
Ackermanville,known for years as the
Schimmel house, which was erected in
1787 by Isaac Ackerman. The house
subsequently passed into the hands of
a family by the name of Schimmel,
and is now owned by Floyd Acker
man, who will replace it with a more
modern structure.
EDW. D. (EAGER
AWARDED CONTRACT
The contract for painting the exter- j
ior of City hall was awarded to E. C. j
Yeager for $l5O at a regular meeting j
of the borough council Thursday night.
Three bids were received for the
work as per plans and specifications as
follows: E. A. Adams—work and fur
nishing material, $850; work only
1250.
E. C. Yeager—work and furnishing
material, $309; using ready-mixed
paint $845. Work only, $l5O.
B. F. Cook—work and furnishing
material, $110; work only, S2OO.
On motion of Mr. Marshall the con
trast for tho work only was awarded
to E. C. Yeager, as the lowest bidder, j
the borough to furnish the material. I
The subject of removing the Welsh
hill school house to a new and safer
site, the work to be done by the bor
ough council and the school board
jointly, was discussed at length. Mr. j
Marshall opposed the moving of the
building, as, he held, the wash out j
could be filled up at a comparatively
small cost. Mr. Everliart favored the
moving of the school house as the only
practical solution of the difficulty. On
motion it was ordered that the matter
be left in the hands of the committee
on streets and bridges with power to
act.
W. 11. Lyon, contractor of Snnbury, j
tho lowest bidder on the East Market j
street paving, being present before
council was asked for his views on the
practicability of blocking up the track
of the Sunbury Transit company in
order to obviate the necessity of chang
ing the rails in paving with the pro
posed brick. Mr. Lyons said he re
garded the blocking up of the track
one and a half inches as required, '
thoroughly practicable, as he had seen
the same plan adopted both in Milton 1
and Sunbury with satisfactory results.
On motion of Mr. Price it was ord
ered that the Danville and Sunbury '
Transit company be granted permis- !
sion to block up its track as required |
in order to raise it to the same height [
»s a six-inch rail. Council by making '
this concession hopes that the pave- j
ment on East Market street may be !
laid without much more delay.
On motion of Mr. Everliart it was j
ordered that the slate roof of the Good- •
will engine house be repaired.
On motion of Mr. Connolley it was 1
ordered that the painting of the new j
benches at Memorial park be postpon- j
ed until next fall.
John Marshall took exception to the
chief of police going out of town on
business for private individuals. Mr. j
Price moved that the chief be dismiss- :
ed. He declared that one policeman
is sufficient for a town the size of Dan
ville. The motion was lost.
A communication was received from !
James T. Magill, in which ho tender
ed his resignation as water commis
sioner. Mr. Magill's resignation was
accepted.
On motion of Mr. Connolley Fred ,
Held was elected water commissioner
to succeed Mr. Magill.
The following members were pres- i
eiit: Cleaver, Price, Everliart, Mar- I
shall, Curry, Heim, Von Blohn, lies j
and Ditez.
The following bills were approved
for payment :
BOROUGH DEPARTMENT.
Regular employes. $117.50
Labor and hauling 248.24
Wallace 11. Hoover 3.55
George F. Keefer 55.00
Price & McCloskey 70.00
D. L. & W. R. R. Co 4.41
Peoples' Coal Yard .. 9.94
W. J. Rogers 10.00
W. T. Shepperson 25.74
B. B. Brown.. 8.00
Standard Gas Co 50
Amer. La France Fire Eng. Co. 90.00
Labor in Light department.. . 15.00
WATER DEPARTMENT.
Regular employes $153.50
People's Coal Yard 77.514
Friendship Fire Co 9.18
Atlantic Refining Co 28.80
Standard Gas Co 1.00
A. M. Peters .... 2.52
THE MILLER FAMILY
The Miller family, sons and (laugh
tors of William G. Miller, will hold a
family reunion in DeWitt's park to
day. Among the survivors are five sons
and four daughters as follows: Robert
G. Miller of this city; Joseph W. Mill
er, Riverside; Levi M. Miller, of Wy
oming ; .Tames Miller, of Erie; E. S.
Miller,of Danville; Mrs. Sara E. Gib
' son, Cooper township; Mrs. Mary Jane
Hall, of Philadelphia; Mrs. Alico
Lamers of Richmond, Ky. ; Mrs.
Mariah Stiff of Wyoming.
Of the sons of William G. Miller,
Robert G., Joseph R., Levi M.and
William H., the latter deceased, served
in the Union army during the civil
war.
The family held its last reunion five
years ago, since which time William
Miller has been claimed by death.
All the brothers and sisters are pre
sent and, along with relatives of the
family, will join the reunion iu the
park today.
DANVILLE, PA., THURSDAY, JUNE i>. 1910
BLOOM IN
RAY FOR DANVILLE
SATURDAY'S RESULTS.
Bloomsburg, 7; Danville, 4.
Nanticoke, 12; Berwick, 4.
Benton, 2; Nescopeck, 0.
Shickshinny, 0; Aden, 0.
STANDING OF THE CLUBS
W. L. P.O. I w. 1.. r.C. I
Danville .. s 1 .889 Nanticoke.. 4 1 .500 |
Bloom .6 2 .7501 Nescopeck . 2 fi .250
Berwick 0 a .667 I Heiltiin 2 7 .222
Shirk ny.. 5 :t .6281 Allien 1 8 .111
That curious thing, known in 1 ase
hall parlance as "the break," gave
Bloomsburg a chance on Saturday to
accomplish their dearest desire and
beat Danville. Score 7 to 4.
Everybody knew that sooner or lat- i
ei some team on the circuit would put I
the reverse English on the Danville '
team—no team ever played the game j
but that had its falls,and was the bet
ter for them afteiward. But at the i
same time everybody hoped that the j
fall would not come when Bloomsburg
was the opponent. But there you are j
—it is as it is. Danville has a good
team —the best in the league—and good
teams thrive on an occasional defeat.
It was Bloomsburg's day all around !
—even the weather had tho stamp of
Bloomsburg salubriousness. The crowd
was immense 1509 paid admissions be- '
ing registered. Of these between four
and five hundred were from Danville.
Every last man and woman of the big
crowd was on the ragged edge of ex
citement and the cheering was almost
continuous, the lusty rooting of the i
Danville contingent being not a whit
less hearty because the team was loos
ing.
"The break" left about everything ,
that could have any effect on the out- '
come of the game in Bloomsbnig's fav- !
or. In the first place Brannen had his
off day and was touched for two singles
and two doubles beside issuing three
passes in the first three innings, which
combined with two errors and a pass
ed ball, allowed Bloomsburg to score
the live runs, which, as it afterward
showed, wore sufficient to win
After that "Peck" Rowe was usher- i
ed into the box, and during the fourth '
innings it looked as if he would fare
as bad as Brannen, but in the fiftli he 1
settled down and after that it was the
good old brand of steady base ball that
we have been use to.
As far as Hine was concerned he
gave no show of extraordinary strength
at any stage. Of the eleven hits which
the Danville scorer tallied, eight were I
clean and the rest were too hot for the [
Bloomsburg field to handle. This wal- j
loping, coupled with lliue's well
known tendency to wildness, which
resulted in hitting three batters with
pitched balls and tho issuing of four
passes, kept Danville ruuneis on tho j
bases almost constantly, but scores
were prevented at critical moments, i
when all that was needed to turn the '
tide in Danville's favor was just a
pinch of the luck that was showered
so copiously on Bloomsburg.
Danville scored twice in the first
and the local rooters in this innings j
were given the only thrills that were
to be allowed them during tho game, i
Hine was responsible for both scorer.
The Bloomsburg pitcher hit Umlanf
and Livengood sacrificed him to sec
ond Hine then hit Nipple and as Wag
ner struck out Nipple and Umlauf ex
ecuted a double steal and both scored
on Hagy's hit, the latter being caught
at second.
j After that Danville failed to tally
1 until the seventh, although six men
were left on base in the next five in
! nings. In the second the side was re
[ tired in order.
The third was opened by Brannen
and Umlauf both hitting. Now here's
j whero that break begins to get in its
I work—two on and nono out. Liven
! good then struck out, Brannen's run
-1 ner got caught stealing third and Nip
ple flied out to second,
i The fourth was almost a repetition.
Wagner led off with a bingle into
centre field,and after Hagy had struck
one ho made a still steal of second,
Veitli likewise struck out. Cook was
given a pass. Kelly then drove his hot
grounder to Hagenbuch for what, de
veloped to bo the sensation play of the
day. The drive should have been good
for at least one score and possibly two,
but Hagenbuch dove for the ball,
caught it, and with rare quickness tng
third bag retiring Wagner and the side.
In the fiftli nothing worse happened
than a base on halls given to Umlauf.
Tho sixth, however, was another of
the "nearly scored" innings. With
one down Hagy let Hine pass him.
Veith hit to right field. While Maok
ert was getting his base on balls Hagy
was caught stealing third, and Kelly
popped a fly to Edgar.
In the seventh Danville scored its
third run. With one down Umlauf
drew a pass. Livengood hit to center.
Nipple followed with a two bagger
into left field that scored Umlauf.
Wagner then drove one to second,
which was fielded in time to catch
Liveugood at the plate. Hagy was
Continued on 2nd Page.
R. 5. AHERMAN
THE NOMINEE
R. S. Ammerman won out over Dr.
j P. C. Newbaker in the contest for the
j nomination for representative the
general assembly at the primary elec-
I tiou Saturday. For the nomination for
| senator iu the general assembly Wil
! liam T. Creasy won out in Montour as
! well as in Columbia county, although
during yesterday figures were no
i available to show with any degree of
1 certainty who the nominee may be.
j Public interest centered in the con
tests for representative and for State
senator on the Democratic ticket. The
I vote polled was probably above the
; average primary vote. The weather
; was fine.
AMMERMAN'S MAJORITY
Hon. R. S. Ammerman received 009
votes as against Dr. Newbaker's 445,
1 which gives him a majority of 104. In
j each of the precincts Mr. Ammerman
ran slightly ahead with the exception
i of the second anil fourth wards of Dan
ville and Valley township, where Dr.
) Newbaker received a majority. The
heaviest vote was polled in the third
ward, Danville,where Mr. Ammerman
received 119 and Dr. Newbaker 88.
On the Republican ticket Ralph
Kisner had no opposition for the nomi
nation for representative in general
I assembly. He received 188 votes.
CREASY WINS INtMONTOUR
i In Montour county for the Demo
i cratic nomination for senator in the
I general assembly William T. Creasy
1 received 516 votes; Andrew L. Fritz
' 90, and Charles W. Sones 400. Clyde
Charles Yetter, the Republican can
didate for nomination, received 198
votes. Joseph 11. B. Reese prohibition
| candidate, had no opposition.
McHENRY'3 VOTE
For representative in congress John
U. McHenry having no opposition re- j
ceived 8-14 votes winning the Demo- i
cratic nomination. On the Republi
can ticket, which contaiued a blank,
iu a few of the districts John G. Mc-
Henry was voted for as a candidate
< for representative in congress.
William Hart as Prohibition candid
! ate for representative in congress re
! ceived the regular vote of that party.
THE DELEGATES
Thomas G. Vincent.Democrat, John
i R. M. Curry, Republican, and Frank-
I lin P. Johnson, Prohibitionist, win
j out as delegates to the State conven- I
tious.
As county chairmen the following
| were elected : Democratic, Peter J.
Mayan; Republican, Alexander Fos
ter; Prohibition, Mahlon Wingert.
John M. Kelso and William 11. Maug
; er, are elected respectively, secretary
i and treasurer of the Prohibition coun- .
j ty committee.
\ Jacob W. Renn, candidate for nonii- j
i nation for congress on the socialist i
1 ticket, in the third ward of Danville |
I received two votes, which was the only
support occorded that party in Mon
; tour county.
BAPTIST CONVENTION
The annual Sunday School and B.
! Y. P. U. conventions of the Northuni
j berland Baptist association will con
i veue at the First Baptist church, of
j this city, today and tomorrow. The
j district is a large one embracing the
i counties of Columbia,Montour, North
! umberland, Lycoming, Union and
j Clinton, with a total number of forty
j seven churches. Between eighty and
! one hundred delegates are expected.
| They will be entertained at the homes
j of the local members,
j Three sessions will be held each day,
i a morning session at 10:30, an after
( noon session at 2:00 and an evening
session at 7 :30. Officers will be elect
' od, reports will be made and various
! phases of Bible school and Young Peo
ples work discussed. Several iniport
i ant addresses will be made. Tho an-
I nual conventions in the past have been
| most successful and the local organiza
| tious have made all arrangements to
I make the present a most pleasant and
| profitable one.
! All the sessions are open to any who
| wish to attend and a cordial iuvita
j tion is extended to all.
SONES ~1491--CREASY 1454
i With the vote from all districts in
1 it now looks as though Charles W.
1 Sones, of Williauisport, will be the
nominee for Stato Senator over Wil
liam T. Creasy by a majority of 37
! votes. The totals, part of which are
j official,and part of which are unoffici
| al, but considered accurate, are as fol
; lows:
| In Lycoming Sones has a majority
of 1325 and in Sullivan of 100 votes,
j Iu Montour county the official vote
! shows that Mr. Creasy has 519 votes,
' while Sones has 398 votes. This gives
[him a majority of 121 votes over Sones
|in tho county,a gain of 5 over the uu
j official.
Columbia county gives Mr. Creasy a
total of 1002 votes, while Mr. Sones
1 has 329 votes,giving Mr. Creasy amaj
! ority of 1333 in the county, or 1454
majority in the two counties.
OLD OFFICERS
ARE RE-ELECTED
The school hoard of the Danville
school district held a meeting Monday
night anil organized for the year 1910-
11. The following members were pres
ent: Sechler, Orth, Sidler, Swarts,
Burns, Pursel, Fischer, Gibson, Heiss,
Cole.
The annual statement of reciepts
and expenditures was read by the sec
retary and on motion it was accepted
anil the officers were instructed to affix
thoir signatures, forwarding tho docu
ment at once to the department of
education at Harrisburg.
On motion of Mr. Burns it was ord
ered that the annual statement, be
printed in the Morning News and the
Montour Democrat at last year's price
six dollars.
On motion of Mr. Sidler it was ord
ered that proper officers be instructed
to arrest boys who deface the fourth
ward school building.
The high school report was read be
fore the board and on [motion was ac
cepted and ordered to be signed and
forwarded to Harrisburg.
At 8:25 o'clock the school board ad
journed sine die. The annual state
ment and the high school report were
signed by tho proper officers, after
which the new board went into ses
sion. The retiring members in the
first, third and fourth wards were re
elected at the last election and thus
succeeded themselves at the meeting.
Samuel Marks, who succeeds Harry H.
Redding, of the second ward, was the
only new member admitted to the
board.
Jacob Fischer was chosen temporary
president and J. Newton Pursel temp- !
orary secretary. The certificates of
election were read, after which the
oath was administered to the direct
ors-elect.
On motion W. A. Scolder was elect
ed permanent president and W. 11.
Orth permanent secretary. M. ' 11.
Soliraui was elected treasurer and
Ralph Kisner, Esq., solicitor. On mo
tion of Mr. Pursel the salaries of sec
retary, treasurer and solicitor were
fixed the same as last year.
On motion of Mr. Fischer it was
ordered that the tax rate be fixed tho
same as last year—Olj mills for school
purposes and mill for building pur
poses.
On motion it was ordered that the
schools open on Spetember oth and
that the term be one of nine months.
On motion it was ordered that the
time children be required to attend
school be the same as last year—7s per
cent, of the time belonged.
The following bills were approved
for payment:
Borough auditors $ (i.OO
Standard Gas Co 14.92
William Miller 8.00
C. L. Eggeit 20.00
A. G. Harris 1.70
F. C. Heurie 2.00
Friendship Fire Co 9.50
D. K. Pensyl.. 7.50
11. S. Reppert 7.50
Chas. Mottern 1.25
P. A. Winters 00
J. W. Griffis 3.00
Mrs. Kate Hanck . 9.00
LAIDTOREST
Mrs. Henry F. Giove, whose death
occurred Monday, was consigned to the
grave in Odd Fellows' cemetery yes
terday afternoon. The funeral took
place from Trinity Methodist Episcop
al church at 2 o'clock, the Rev. Charles
Cameron Suavely, the pastor, officiat
ing.
The pall bearers were: David Rod
erick, Robert Williams, Ralph Hodge,
Edward Gibson, David Gibson and
John R. Hughes.
Among those from out of town that
attended the funeral were: Mr. and
Mrs. William Grove, Mr. and Mrs.
Harry Grove, Mr. and Mrs. E. C.
Rogers and Mr. and Mrs. Thomas Kil
lian of Sunbury; Mr. and Mrs. Wil
liam Grove, Frank Grove and Mr. and
Mrs. William Birt of Berwick; Mr.
and Mrs. John Grove of Wilkes Barre;
Mrs. Rachel Rucli of Atlantic City;
Mr. and Mrs. William Sarba, Mr. and
Mrs. William Housel, Mr. and Mrs.
William Evans, of Williamsport; Mr.
and Mrs. Samuel Evans and son Wil
liam anil Mrs. Albert Beyers, of Mil
ton ; Mrs. J. P,. Scott of Northumber
land.
Blew Nose-Broke Leg.
Sylvester Mescrovich, proprietor of
the Mt. Carmel House at Mt. Carmel,
met with a peculiar accident Tuesday
afternoon when he broke his right leg
while blowing his nose. Sylvester was
sitting on an easy chair on the porch
of his home when he decided to re
liove the pressure upon his nasal ap
pendage, said pressure being resultant
from a severe cold. He walked to the
curb and as he leaned forward to ac
complish the operation he lost his bal
ance and fell headlong into the gutter,
breakiug the limb near the ankle. He
was removed to tho Minors' Hospital
yesterday morning to undergo an op
eration and to have the fracture re
duced.
ONE CASE FOR
GRAND JURY
Court for the June term convened at
10 o'clock Monday morning with
President Judge Charles C. Evans and
Associates Blee and Welliver on the
bench.
The grand jury being called Lloyd
Bomboy was appointed foreman and
Wesley Jackson tipstaff. District At
torney Gearharf explained that there
was but one case togo before the
grand jury.
The constables being sworn present
ed their returns. The only violation
reported was in West Hemlock town
ship where the road leading from
Crossley's farm buildings to Jersey
town was described as in a deplorable
condition—badly washed out and al
most impassable. The court ordered
the district attorney to take the mat
ter up with the supervisors. Before
discharging the constables Judge
Evans explained that at the next term
of court they will be obliged to report
whether the loose stones have all been
picked off the roads in their repsective
districts.
feThe civil list was gone over, all the
cases being continued with the excep
tion of the Pursell case.
Ralph Heim, who pleaded guilty of
malicious mischief to the property of
; a livery stable keeper, was called be
-1 fore court. In'answer to a question he
| explained that he had been in jail three
| weeks following his arrest. He gave
| his age as nineteen years. He explain
jed how the accident—in which the
I buggy and harness wore broken—oc
' curred, admitting that both himself
and companion has been drinking. The
i liquor was obtained in Sunbury at
j some place which he could not locate.
Judge Evans in view of the length
j of time in which the defendant had
| been in jail decided to suspend sent
j ence. Heim was ordered to pay the
costs and the sum of twenty-five dol
! lars to the livery stable keeper to re
i imburse him for his loss. Judge Evans
i warned the defendant that he will bo
j obliged to fully carry out the order,
| otherwise a bench warrant will be is
j sued for him and he will be brought
j into court to answer for his neglect.
| Henry Moulter, Cross street, a na
j tive of Germany, who has been in this
country since 1893 was {admitted to
citizenship yesterday. He very satis
> factorily answered all the questions
propounded to him, after which the
oath of citizenship was administered
by Prothonotary Vincent.
In the case of Commonwealth vs.
Wilfred Hullihen a nol. pros, was al
lowed by the court, the defendant to
pay the costs.
! The case of Commonwealth \>. Wil
liam Gething, the cl.arue being deser
tion and non-support, was heard by
tho court. Several witnesses were ex
j aiiiined, when thp court brought pro
ceedings to a close by ordering Mrs.
{ Gething "togo and live" with her
husband, and the latter, the defend
ant, to pay the costs.
The commonwealth cases being dis
j posed of, about three o'clock in the
| afternoon the civil list was attached.
| Twenty jurors for the Pursell case
1 against the Reading Iron company
were called into the box.
number, if possible, twelve men will
be selected this morning. The trial of
the case, however, will not begin un
til tomorrow morning.
OPINION HANDED DOWN.
"In re road in Limestone township
Judge Evans handed down an opinion
sur exceptions to report of viewers
filed June 7, 1909.
"Those exceptions refer to the fifth
view had to vacate and relay a portion
of a certaiu vr.' lie road in Limestone
township. The first tlireo views were
set aside by opinions of the court.
"The fourth set of viewers appoint
ed tho same day the report of the third
set of viewers was set aside, reported
in favor of vacating and relaying a
portion of said road. There were no
exceptions filed to the report of the
fourth set of viewers.
"January 22, 1909, eleven days after
tho final confirmation of the report the
fifth set of re-viewers were appointed,
which June 7, 1909, reported against
the proposed changes of the said road.
"Conusel in requesting the appoint
ment of re-viewers, the fifth set, on
Jan. 22, 1909, undoubtedly overlooked
and lost sight of the fact that a fourth
set of viewers had been appointed
August 8, 1908, who had qualified and
reported and whose report had been
confirmed prior to the appointment
made January 32, 1909.
"The appointment of re-viewers
Jan. 22, 1909, upon the petition filed
May 25, 1908, to await disposition of
exceptions was erroneous. There was
no road to review at which their ap
pointment was aimed.
"The first, third, fourth,fifth, sixth
and eighth exceptions are sustained
and the rej>ort of tho reviewers filed
June 7, 1909, is accordingly set aside,
j By the Court,
CHARLES C. EVANS, P. J. "
ESTABLISHED IN 185 c
EXAMINATION
OF WITNESSES
The case of William K. Pursel, sur
viving administrator of Daniel Pursel,
deceased, now Blanche E. Pursel, sub»
stituted plaintiff,vs. the Reading Iron
company, constituting one of the most
important civil actions ever institut
ed in this county, went on trial yes
terday morning before his honor,
Judge Evans.
Court convened at 10 o'clock. By the
time the jurors had filed into the box
and £the* attorneys had taken their
places the auditorium was pretty well
filled with witnesses and others who
were present an spectators, attracted
by the importance of the case.
Iu addition to W. J. Ualdy, of this
city, senior counsel, the plaintiff is
represented 4 by°Albert W. Johnson and
Fred C. Bower, of Lewisburg; A. S.
Ashbridge, James Mercer and ,T. War
ren Davis, of Philadelphia. At the
defendant's table are seated Hon.
Grant Herring, of Sunbury ; Jefferson
Snyder, of Reading, and Ralph Kis
ner, of this city. Collectively the at
torneys constitute an imposing array
of legal talent, the like of which has
very rarely been ;identified with any
trial in Montour county.
The case was opened by Albert W.
Johnson, who spoke briefly but clear
ly, outlining the plaintiff's case. In
1862 Daniel Pursel was the owner of a
farm of 148 acres in Valley township,
which contained largo quantities of
iron ore. On June 27,1802, Daniel Pursel
and his wife made a deed to Waterman
& Beaver, conveying to tlieni the right
to mine the iron ore on the farm. In
18<!8 Daniel Pursel died. In letters
of administration were granted on his
estate to William R. and John G. Pur
sel. Iu 1896 John G. Pursel died. In
1908 William R. Pursel died and his
daughter Blanche was substituted, who
is now the active plaintiff.
Ihe deed made by Daniel Pursel and
Wife in 1862 conveyed all the ore in
the farm—a tract of 148 acres—to
Waterman and Beaver. In the contract
Waterman & Beaver were to mine at
least, 5000 tons of ore each year until
the ore became exhausted or the cost
of mining became equal to the value
of the ore taken out of the ground.
Ihe consideration for the ore was the
amount- of royalty at the rate of seven
ty-five cents per ton.
Waterman & Beaver operated the
mine until about 1880, when they sold
out to the Pennsylvania Iron company,
which stepped into the shoes of Water
man & Beaver and were bound by the
deed which bound the latter.
Later the Pennsylvania Iron com
pany conveyed the property to tho
Montonr Iron A- Steel company,which
took tip all the rights arising out of
f'.e deed until lsHy, when it made the
last payment and ceased mining iron
ore.
In IS'.ui, the property passed into the
bands of the Reading Iron company,
the defendant, which in turn stepi ed
into the shoes of Waterman & Beaver
and, it is hel 1, is liable for all their
agrei'im n:... The Reading Iron Co. has
! mined no ore and theie is due the
plaintiff under the deed made by
j Daniel Pursel and wife to Waterman
& Beaver, in IN(>2, 75 cents for 5000
j tons of ore, annually, from 1880 to the
; present time. The plaintiff also holds
that the Reading Iron company since
j buying the property is exercising the
j right of ownership on the Pursel farm
and is nsing it today.
• The plaintiff offered in evidence the
j letters of administration granted to
| William R. and John G. Pursel on the
j estate of Daniel Pursel; also letters of
administration. D. B. N., September
I 27, 1000, 011 the estate of Daniel Pur
| sel to Blanche Pursel, who gave bond
| with sufficient surety.
| The plaintiff offered iu evidence the
j deed transferring the tract iu 1841
from Daniel Pursel, Sr.. to Daniel
[ Pursel, Jr.
j It also proposed to offer iu evidence
j the original deed set forth iu the
j plaintiff's declaration to Waterman &
Beaver for the ore, with all the cov
enants referred to and on which the
case rests—for the purpose of showing
the liability of the defendant to pay
j royalties agreed upon in deed to Wat
j erman & Beaver.
j At this point Mr. Herring for the
I defendant objected to the admission of
| the original deed made to Waterman
& Beaver unless the plaintiff agreed
to follow it with a subsequent deed
made between the heirs of Daniel Pur
sel and the Montonr Iron com ( any,
I which absolutely modifies and changes
j prices, terms. &e.
The plaintiff's attorneys replied tha
the time had not yet arrived for the
admission of any subsequent deed.
This being the case Mi. Ileriiug
formally objected to the admission of
the original deed,which objection was
overruled by the court.
The deed transferring the property
from the Pennsylvania Iron company
to the Montour Iron company was ad
mitted as evidence and read.
Finally the sheriff's deed was ad-
Contlnued on 4th Page.