Newspaper Page Text
VOL. M NO 14
TMK HI '('KM WERE TAME Anion
!>" nrl, who farm* llipen*tall*_j_sjmid
II tin l HMqurlHlfiM river, IMMI Wtffil
tame ilnrh« Unit Ito used »• decoy* for
wilil iliirkn. «>ii Morday two .voting
Inivn of ('olimbli made their fir*t trip
on the rt**>r for wll<l dock* Thcv J
came across Mr. Shorl** flock of tamel
•luck*, wliicli they ml*took for wild .
docks mill hanged Into the bunch kill- |
mg several of tin-in They brought »lip
dead one* to town mnl tin not aware (
of their mistake until told by several j
friend* that wlmt tliev bagged were
tame ilncki. They settled Willi tho
A ROYAIi WELCOME.-- Empolyes
of the Chadwick automobile work* at 1
Pottstown, e*p«*ot togi»e Joe Walil
ron.one of tlie Waltor Wellmau'* brave
crew in tho balloon Amerioa, a big
reception if he ever come* back. Walil
ron was an eipert mechanic at the
plant until the strike there thiee j
months ago, and bin fellow-workmen :
lout track of him until he turneil up 1
a* one of Wellmau'* assistants. Thin 1
in the second narrow escape with hid
life that Walilton bail, an he was in
the Iroquois theatre fire at Chicago.
HORSE IMPALED ON POST.—One
of tho teams belonging to a contract
ing company in Pottsville, when com
ing down an incline, ian away. When
the homes reached the bottom of the
hill.they became HO erased with fright
as to be reckless, and jumped upon nn
iron hitching post. The post had a
sharp pointed top, and it went clear
thiough the horse's stomach. The horse
was shot a few minutes later to stop
WILD RASPHERIES—G. J. Hisck
eruell, of Hayfield township, Craw
ford county, on Sunday picked almost i
a quart of wild red raspberries, while
walking over his farm. Mr. Hicker
nell stated that to his knowledge this !
wus the latest in the year that such
berries had been gathered, and it is j
another illustration of the beautiful !
fall weather the State has been enjoy
HUSKY WATCH.—Last .Tone .Tolm
Shubert while planting potatoes iu i
his lot at Martinsburg lost his watch. I
Wednesday lie raised the 'potatoes and ;
dug the watch out of the ground. The j
timepiece was wound and it began ,
ruuniug and kept time as accurately '
as ever. Four months under the ground
keeping company with a growing crop j
of potatoes did not in any way damage
MARRIED OVER AFTER ELEVEN
YEARS. Eleven years ago Mrs.
Thomas Woods, of Unadilla, N. Y.,
was divorced from her husband. Sat- 1
tirday the couple went toScranton and j
obtaining a marriage license were
married. Not a week passed during
the eleven years of their separation ;
that they did not see eacli other. Then
came a second courtship and the wed
EXPLOSION OF LIME MAY COST |
EYES.—Edgar B. Fisher,superintend- !
ent of the Westmoreland County court j
house at Greensburg, was endeavoring !
to blast away a portion of a concrete j
floor which had been found to be de
fective, when an explosion of lime oc- 1
cured. The tiny particles were blown j
into his face and it is feared he may '
lOie his eyesight.
THERE ARE WORSE PLACES.—
Two years ago Noah B. Gockley, of j
Lancaster, left the employ of a rail- |
road because of the dangerous nature ,
of the work. Shortly thereafter he had j
a jaw broken by the kick of a mule on
a farm where he was working, and I
Saturday his left foot was so badly i
crushed in felling a tree that it had to |
STEER ESCAPES TO MOUNTAIN |
—A wild western steer escaped from a i
car at Shamokin and caused much ex- |
citement by rampaging up the main
streets. Numerous men pursued the
steer audit was shot at repeatedly '
but it finally escaoed to the mountains,
where it was later killed.
IT WASN'T SOI.II).—On the day
after it was driven, matuing the com
pletion of the new Bei wiok-Nescopeck
railway,the large gold spike that held
tho last two rails in position was stol
en. It was not pure gold,and the thief
is no doubt a disappointed man.
RECORD SALMON.-A salmon 31
inches long and weighing six and
three-quarters pounds, was caught in
the Susquehanna river at Goldsboro,
by Colonel W. H. Welsh, of York.
I,(XX) MILES TO MARRY.—Miss
Loretta L. Davis, of Philadelphia, has
started on a 10,000 mile trip to Johanns
burg, South Africa, where she will be
DANGEROUS TARGET SHOOT
ING.—WhiIe practicing for the hunt
ing season, Irwin Moore, of Shilling
ton, shot at a beer glass with n rifle,
from which the bullet rebonnded, hit
ting him in the eye. His left eve was
removed and his condition is serious.
iUontnur pbo<s, JVinrrican.
During the last month a* the season
I of long nights has approached the de
I maud for books nt the Thomas Heavet
I Free Library has Increased. This in
Istltution ha* become indi*|>eii* il le to
our citizen*. Each year are addeil new
volumes represent ing the best thought
of the nge and affording with the
hooks already on hand a range of read
itig that finds but few patallels. Add
to this the excellent care that is taken
'of the books and the courtesy that is
shown to patrons and we have in the i
Thomas Heaver Free Lihtary an in
' stitution that our town may justly
feel pouud of.
Following i< the report of the lib
rarian. Miss Bird, for the year em
braced netweeu .Inly lW'.i anil July
The number of bonks circulated foi
the year, !17,U2,'1; number of books
J mended, 4,.'132.
' New bonnwets registered during
the year, I Hi)
Number of new hooks received,cata
logued, labelled, etc. 890,
Catalogue cards made aud tiled, ? 18.
Amount of fines received for the
year, $72. 14; expenses, tin.7o: fines
handed to secretary, ♦'.'5.44.
Magazines sent to the bindery to be
bound or repaired, 102.
Covers are now lemoved from all
the books aud the entire library has
been put under the Browne system of
FORMER RESIDENT DEAD
Word was received in this city yes
terday of the death at Salt Lake City,
Utah, on Tuesday, of William Park
Alexander, a former resident of Dan
ville. Death occurred suddenly fol
lowing a stroke of paralysis received
about two months ago.
Mr. Alexander was born on a faim
near Mooresburg coming to this city
when a boy. For several years he was
connected with tho Company Store, ;
afterwards into the grocery s
business. lie continued in this bnsi- !
ness until he left for the west thirty
years ago. After residing iu a number
of places he finally settled iu Salt j
He is survived by his widow,fomer- 1
ly Miss Catharine Cross ley. of this
vicinity, two daughters, Mary and j
Martha, both at home, and four sis- i
ters, Mi<s Harriott Alexander, Mrs. L.
Davis and Mrs. Mary .Tones, of Her- j
wick, and Mrs. O 11. Lotier, of this
TWO ARE HEROES
Fleming C. Bower, sou of Mr. and i
Mis. F. E. Bower, of Lewisburg, has
beeu notified by the Carnegie Hero
commission that lie lias been awarded ,
a silver medal and £2,000 for saving
the life of a boy who had fallen into j
the liver near Miltou, in Jauuary, <
1909. Bower narrowly escaped losiug
his owu life in saving the drowning
COLUMBIA CO. HERO.
A Columbia countiau, Benjamin
George, of near Cat a wis:,a, aged 20,
formerly employed iu the Luzerne
mines, was one of the 58 heroes named
| for recognition by the Carnegie Com-
I mission. He was awarded a bronze
! medal and SI,OOO for saving a fellow
workman at Hilldale, August 22,1907.
TROLLEY CAR ORPHANS 14
YORK, Nov. 2.
j Thrown under a trolley car, Henry
| Dudhein, 00 years old, a Springfield
i township farmer and father of four
i teen children,died in in tho York hos-
J pital in an hour. g
I Hudheiu had driven to lYorkJwith a
| load of truck to peddle from door to
j door, and was waiting upon several
! customers at a Princes street curb
! when the car approached and frighten
j oil his horses. Tho farmer ran to the
heads of the animals, which became
| unmanageable and threw him directly
under the car.
J One leg was broken and his head
was badly crushed. Tho horses were
both badly injured.
Taft Expects to Vacate.
Washington, Nov. 2.—President Taft
told a committee of women from Pitts
burg today that lie did not expect to
be in the white house in 1914. The
women, representing tho Sisterhood of
the Rodeph Shalom (Jewish) con
gregation of Pittsburg,called to invite
the executive to a celebration in Pitts
burg in 1914 to commemorate one hun
dred years of peace between English
speaking nations. The president told
them ho expected to be living in Cin
cinnati at that time.
Post Master W. M. Gonger is enjoy
ing his anuual vacation. He expects
to spend a few days hunting before he
resumes his duties.
DANVILLE, PA., THUKHDAY, NOVEMBER a lt*lo
WILL BE MARRIED
AT HIGH NOON
The Rev. William Kerr MeKlltney, I
pastor of the Grove Presbyterian '
church, and Miss Margaret G. Gra
bam. of Newark, N. J., will lie tin I ted J
In tho bonds of holy matrimony at '
high noon today
The ceremony will take place at the i
home of the bride and will be perform
ed bv her father, the Rev. Robert T
Oialiam, pasto of the Tabernacle
Mission Presbyterian church, of New-
Mk, N. J., aisisted I■ v the Rev Dr.
A il MeKiiini v, Of New V>rk City,
cousin of the groom. Miss Lillian Gra
ham, sister of the bride, will he maid
of honor. The Rev. Z M. Gibson,
pastor of the Presbyterian church at .
Itoxhoro, Philadelphia, will be best
A wedding dinuer will be served,
after which the newly wedded couple
will leave on a ttip to Niagara Kails.
On next Wednesday the R"V. Mr. Mc
Kinney and bride will arrive ill Dan
ville and will take up their residence
in the manse of tho Grove Presbyter
ian chinch, Bloom street.
TOKEN OF ESTEEM
The Rev. Mr. McKinney entered up
ont the pastorate of the Grove Presby
terian church, September Ist. He lias
already became very popular with the
congregation, demonstrating marked
ability and exemplifying sound Christ
ian principles. To show its apprecia
tion the congregation Saturday night
Oil the eve of bis depatture from Dan
ville presented Mr. McKinney with a
purse of one hundred dollars. To as
sist him in preparing for house keep
ing bo was alsr tendered a "kitchen
shower" in which were comprised 138
On next Thursday,the 10th inst. the
installation of the Rev. Mr. McKinney
will take place at the Grove church,
at 7 :30 p. m.
On Friday following tho 11th inst,.
the congregation will tender a recep
tion to the pastor aud bis bride.
DIED IN FAR WEST
James Garfield Batemau a native of
Dauville aud a son of James Batemau
of Mt. Oarmel died Saturday morning
at New Westminster, British Colum
No particulars have been obtained
by the family other than that the •
young man was admitted to a hospital
on August Bth in a delirious condi
tion. He never regained his health -
and death came on Saturday.
Mr. Batemau was a young mau with
a bright future. He was born at Dau
ville Nov. 8. 1881. Ho was graduated
from the Mount Carmel high school,
from Phillips Exeter academy aud
from Cornell university. He was by
occupation an electrical aud mechani
cal engineer and an architect. Several
years ago he went to the far West,aud
Survivors are the father, James
Batemau, of Mt. Carmel; brothers,
Johu M., of Chicago; William C, of
Mt. Carmel; Joseph, of Sparland, 111*
inois; Alfred,of California;and sister, j
Margaret, of Mt. Carmel.
The body lias been shipped east,aud
interment will take place in this city i
at a time to be announced later.
MARRIED 45 YEARS
Mr and Mrs. Dauiel Koch celebrat |
ed their 45th wedding anniversary at
their home at McKees Heights yester- j
day. A turkey dinner was provided by
Among those present were the fol- j
lowing iu which are included four (
generations: Mr. and Mrs. Harvey
Andrews and daughter Marguerite, of j
Montgomery: Mr. aud Mrs. Robert i
Kisner, of Muncy; Mr. and Mrs. Aug- I
ust Heideureioh aud daughter Martha, i
of Strawberry Ridge, R. F. 1); Mr.
and Mrs. George Sheldon, of Hughes- j
ville; Mr. aud Mrs Roscoe Moore, of j
Exchange; Mrs. Minnie Andrews and (
[ daughter Beruice and Bernadine, of
I Muncy. John Dewald, of Hughesville.
CAUGHT THEM.—At the very be- j
' ginning of Montgomery county teach- ;
| er's institute Tuesday the teachers i
were trapped by the lecturer, Dr. N. j
V. O'Shea, of the University of Wis- i
| cousin. Ho was talking [on anticipa- j
tion of the mind, and pointed to sev- |
eral words on a chart and asked the i
teachers to lepeat theui. This was j
done with seeming correctness, but he j
soon convinced the teachers that the ]
words were badly misspelled. He said 1
that it was like the boy who said that j
a furlough was a donkey, because he I
had once seen a picture in which a
soldier was ridiug a donkey, and the I
inscription beneath was: "A soldier j
riding homo on a furlough. "
Q The fuueral of Mrs. Mary Keiuer,
whose death occurred Sunday night
took place from the late residence,
Hemlock street, yesterday morning
The pall bearers were : Edward Leamy,
• Felix Mouahan,Michael Ryan,
i Reillev, William Fallon, and Thorna"
GREETED BY i
Webster Grim and Thomas 11. Gree- I
vy, candidate fur Governor and Lieu
tenant Governor, respectively, on the ,
Democratic ticket, accompanied lyl
new«|iaper correspondents and leading
Democrats of this Sect ion, paid i brief
visit to Danville yesterday,
The jiarty took dinner at the lleil
ilens House, where later the two can- \
didates met a large number of Dan- j
ville people. An hour or more was
spent iu hand shaking. It was 12.80
o'clock when Mt. Grim aud party ar
rived at Danville At 2:15 they de
parted, proceeding to Lewisburg, where
a short stop was made. From Lewis i
burg tliev went to Shamokin, where
last night a Democratic mass meeting
The party, which travelled in four
automobiles,besides the candidates for ,
Governor and Lieutenant Governor,
contained the following: R. L. Mc- I
Pray, correspondent of the Philadel
phia Record; George D. Herbert of
Harrishurg. also » newspaper corres
ponded; Hon. John G. McHenry,
Percy Brewington, Will Leslier, of
Benton; James H. Mercer, W. C.
Johnston, William Chrismau, I). Ben
sliotT, J. W. Wright, C. B. Ent and F.
L Deutler of Bloomshurg.
About a hundred people shook hands
with the candidates during their brief
stay iu Danville. Mr. Grim as well as
Mr. Greevy made a very favorable im
pression. He is a man of about middle
life and of fine pesence, which, with
a frank,open countenance aud unaffect
ed cordiality, had tho unmistakable
effect of attracting people. As he shook
hands with the party leaders here he ;
made inquiries concerning the politic
al outlook but no addresses were de- !
livered by any of (lie party.
CONDITION OF THE RIVER.
The condition of the river water
Sunday was intolerably bad. Upon
being boiled it was hardly fit for use,
possessing an odor aud taste that is
hard to djscribe, although to many it
suggested the presence of chemicals, j
Several persons about town claim that i
they were rendere I sick by the water. !
No ono seems to be able to explain j
what causes the river water togo bad
in this way periodically. The theory !
entertained by the mass of people, j
however, is that the water is impreg- ;
nated with chomicals from the ho*- )
pital for the insane. The idea of
drinking water treated with chloride j
of lime is repugnant to many people
and they are very suspicious as to its j
It happened that among those who
discovered that the water was bad aud ,
unfit for use Sunday was a member of
the board of trustees of the hospital
for the insaue. The gentleman, how
ever, is by no means convinced that 1
the source of the pollution lies at the j
He quotes a learned article appear- I
ing in the "Municipal Journal and
Engineer" for September setting forth j
the advantages of the hypochlorite dis- |
infection or of what might be more
familiarly described as the chloride of
lime treatment for purifying water.
According to this article no injury ;
or unpleasant effects can result from
the chloride of lime used in purifying
tho effluent at the sewago disposal
plant at tho hospital. Professor G. A.
Heulett is quoted to show "that giv
ing all possible credence to injurious
actiou, if ten pounds of chloride if j
lime or bleaching powder per million
were added to the water, it is theor
etically possible that there should be j
present in the water after treatment
free chlorine to tiie extent of is 4 parts I
in a trillion parts of water. Admitting
this,to obtain a medicinal dose of free
chlorine as large as has been admiuis
tered in cases of typhoid fever it would j
be necessary for an adult to drink a |
gallon of water so treated each day j
for 7,180 years."
So much for theories. What chiefly i
concerns the people of D iuvillo is the '
fact that tho river water is periodical
ly,if not all the time, bad. It should
not be a difficult matter to ascertain
the cause, if a thorough investigation '
were set on foot. The remedy is an- \
: other matter.
U. OF P. GRADUATES
The graduates of the University oi ,
[ Pennsylvania residing iu the North- j
i umberland district will hold their an- :
i nual banquet in Sun bury tomorrow.
' Dr. J. B. Cornett ot the University j
| faculty who will address a meeting of ,
j the medical society will be the guest j
| of the evening.
; Among those who will attend the
banquet are tho following from Dan
ville : Drs. E. A. Curry, H. B. Mere
dith, J. E. Robbins, W. H. Krick
baum, G. B. Free, J. B. Gearhart, I.
H. Jennings, C. R. Herrington, A. B.
! Vastine, W. V. Oglesby, Esq., aud
i Hon. R. S. Ammerman.
THE COAL DIRT
CASE ON TRIAL
Court convened at 10 o'clock venter
tiny morniUK with President Judge
(5. Kvnnx find Aesnrtate* llltf and
Wpllltpt on tlit* bench. Tim case of
Mophte <>. Kckman **. tin* t ,<• 11ivrti mul |
Wilkes Itarre Coal company, an nrtion
in trespass, Immedlatclv went on trinl
The ease liao hrt ii«ht out n most ■
notable arrav of legal tab nt. The
plaintiff is lepresented by Hon. 11. M.
Hinckley, Edward Havre Uearhart mid
L. C. Mensch. At tht> defendant's
table are seated former Judge I'' \V.
Whpfiton and A. 1. W i Hiatus, of l.nz
ptnp county: Daniel W. Kaerclier, of
Fottsville and William Kase West of
this city. Seated at thp table also is
H O. Mason,laud agent of the Lehigh
& Wllkeg-Harrp Coal Co.
Among othprs representing the de
fendant present at the trial is Edward
J. Newbaker, superintendent of the
Lehigh it Wilkes-Harre mines.
The first witness called was Sophie ;
O. Eckman, tie plaintiff. Sue is the i
willow of Ooi. C. W. Kckman and J
owner of the farm described in the
statement of the case. She purchased
the farm in 1 Willi and the veai follow
ing moved onto the place.
Lying bet wren the railroad and the
river is about twenty-five acres of
laud, which before the alleged injury
yielded fine crops. 11l December 1801,
in February 11 o»-J, and again in 1004,
heavy floods occurred, which left a !
deep deposit of coal dirt on the great- i
er part of 11> tract, raining the soil
atid making it impossible to raise any- \
thing like a full crop. F. W. NVheaton i
conducted the cross examination
There are i:it» acres in tlio farm. The j
witness was born and raised on the
farm and she recalled several great
floods fin the North branch. Principal
among these were the floods of 18'!f>
and 187:!. The flood of February, 1 s»0\;. i
was higher than the one in December
preceding. The flood of 11)01 brought j
the highest water. It was the last !
three floods which, it was alleged, |
brought down the coal dirt and ruin- j
ed the tract of lowland between the j
railroad and the river.
The second witness called was Wil
liam (r. Yetter of Citawissa, survey- i
or and engineer, who ou July 11», lilOii, |
made a survey, which was reduced to j
a blue print and offered in evidence '
yesterday. The tract alleged to be i
damaged contains 1!) six-tenths acres.
J. O. Brown of liloomsburg, survey
or and engineer, was the next witness.
On October 28, 11)10, he made a sur- |
vey, which was later reduced t ) a blue j
print. The latter was also offered in j
evidence. Mr. Brown's survey in part j
was based on the one made by Mr. !
Clarence Cleaver, formerly assessor I
of Mayberiy township,was an import
ant witness. He explained that while
at some spots on the tract there seem
ed to be no coal dirt at other places it j
lay six inches deep. At still other I
places, where hollows occurred, the |
deposit of culm was a foot or more in
thickness. The witness testified as to
the value of laud before and after the
floods occurred, which, it is alleged,
deposited the coal dirt. The assessor's
books were offered in evidence.
Two days have already been occupi
ed by the plaintiff's side of the coal
dirt esse brought against the Lehigh
and Wilkes-Barre Coal company by
Mrs. Sophie (J. Kckman, and when
court adjourned yesterday afternoon
one witness still remained to be heard.
It was 3:;!0 o'clock when,on proceed
ing to call an important witness, and
the only one for the plaintiff that re
mained to be heard, it was discovered
that he was not on hand. A couMilta
tion followed, when it was agreed
tiiat court should adjourn and that up
on reconvening, at i> o'clock this morn
ing, the remaining witness should be
heard,after which the defendant should
open its case.
A large number of witnesses were
examined yesterday. The attorneys for
the defendant were very vigilant and
the witnesses were held down to what
was relevant and material. The cross
examination in the main was conduct
ed by former judge Wheaton anil was
very searching. The testimony adduc
Thomas Elmes. who in IBDT farmed
ou shares the tract on the Eckman
farm alleged to be damaged by coal
: dirt, testified as to the falling off in
; fertility. He fixed the depreciation as
■ it affects the whole farm at S3BOO.
i Jonathan Loreman, who ownes a
farm adjoining the plaintiff's, was the
; next witness, confirming preceding
' William Vastiue testified as to the
depreciation of property due to the
1 presence of coal dirt. Previous to li) 01
the average yield of crops per acre was
as follows: wiieat 'io bushels; corn,
100 bushels; oats, 40 bushels; hay, I}s
tons. Following H)01 the average yield
per acre is put down as follows: corn,
15 bushels; rye. 10 bushels; buckwheat,
10 bushels. The witness estimated the
depreciation at $4,000.
Mr Vi>llis'« te«t <•..n
•bb'rable light on the MtnPPWiery,"
which *xl«ts in th« rlvof at the farm
of tb«> plaintiff and which ha« liern
rn|watcdly alluded to in connection
with the damage alleged to have been
done by the coal flirt. The "Mud
Fishery" Is a survival of the days
when sliail were caught in the North
branch of the Su-qnehuuna. Th>> wit
ness described a natural eddy of wide
soo|»e occailoned by the |ieculinr li.ima
tion of the river lied nt that point. At
low wntct the eddy is still iltsceriii- j
hie. As the river rises it grows in 5
scope and velocity until high water
mark is reached, when it» w ide sweep
eiinlraces the submerged low land. The i
rotary motion of the water, which in
the olden day brought in the shad, it
is alleged, under present conditions is
just as efficacious in drawing in the
culm and depositing it on the land.
L. C. Mensch, one of the attorneys
in the case, was called to the stand.
Since December 1901, the river along I
the southern shore below Catawissa
creek has contained deposits of coal
dirt. Above the mouth of the Cata
wissa creek on the other hand, it is
alleged, very little coal dirt is seen on
the southern shore. The current above
Catawissa, the witness explained, is
thrown over to the northern sids ot
the river by a bend in the stream. The
Catawissa creek is subject tn great
floods during the winter season. Fol
lowing each of these floods the river
at the mouth of the creek contains
great deposits of coal dirt.
William Getty, who was employed
on the plaintiff's farm in 1904 and oc
cupied the tenant house, was a wit
ness. He described the failure of crops
and the deposit of coal dirt on the
tract, which, he said, came from the I
river. He estimated the depreciation
at £SOOO. Some of the culm, the wit
ness said, came down the Catawissa j
creek. Prior to 1904 he observed coal
dirt in the river and along the edge of
The witness was on the Eckman farm >
when the big ice gorge broke. Culm
was frozen fast to the bottom ol' the
ice cakes deposited on the land, anil
when the ice melted the culm remain
ed on the tract.
William Kishel was the next wit
uess. Since last spring he has lived at !
Rupert. Prior to that time he occupi
ed his farm on the high ground op
posite Catawissa, where he had an un
obstructed view up and down the riv
er. He described a curve in the stream
above Catawissa and its effect on the
current. He has observed the deposits
of coal dirt in Catawissa creek. Dur
ing the past snnimer during low wat
er he took a boat from Catawissa to
Rupert; he saw no coal dirt in the
river between the two places—"while
the bottom of Catawissa creek looked
l'ke a coal bank.'t
Boyd Trescott, engineer & surveyor, !
representing the plaintiff, who accom- '
pauied the jury on its tour of the coal j
field was examined at length.
From the mouth of the Catawissa i
creek to No. 5 collieiy of the defend
ant coal compauy.the distance,he said ;
is thirty-five miles. The entire water !
shed embraced in this distance is one I
hundred and thirty-five square miles. '
At intervals along the course of the
creek are deposits of coal dirt,not only I
in the bed of the stream but also on
the land along shore submerged dur
ing high water.
At the No. 5 coal works are enorm- j
oils deposits of culm so situated with '
reference to the headwaters of the
creek as to be washed into the channel
with every heavy rain Witness de
scribed the stream and the lay of the
land adjacent, the slope aud surface
features of the latter being such, it
was alleged, as to favor sudden rise of
water accompanied with a swift strong
current. With every rise of the creek,
he said, large quantities of culm aro
engulted aud carried down the stream.
In cross examination Mr. Trescott
was refrerred to a point on the North
Branch and asked to describe condi
tions. In the vicinity of Nanticoke.be
said, there is ctiltn in the river. Be
tween Berwick and Beach Haven the
channel is clear of coal dirt. This is
due, it was explained, to the presence
of the dam at Nanticoke which inter
cepts the culm.
; (Jeorge Ross was called to the stand.
! While hunting muskrats he passed ov
j er the lowland of the Eckman farm.
•He testified as to the depth of the de
| posits of coal dirt, which at souio
places "were up to his boot tops."
M. Geary aud William Reruiuger,
formerly proprietors of grist mills on
the Catawissa creek, testified as to the
accumulation of culm in their respec
tive null dams. At Mr. Berninger's
mill sinco 1901 the deposit has grown
until it is''three or font" feet deep
and has filled up the dam two-thirds
of tho way across the stream. On cross
examination the witness admitted that
the coal dirt was mixed with sand.
The defendant in the famous "coal
dirt" case of Sophie G. Eckrnau vs.
the Lehigh & Wilkes-Barre Coal Com
pany, now on trial, opened its case
yesterday forenoon. Immediately af
ter convening in the morning Daniel
Hubor, of Catawissa, a witness for
the plaintiff, absent Tuesday after-
KSTAHUBIIKD IN IS5£
nooti.jwns i xhiiihkml. iDer which the
lion. K. W Wln-nton iMnHtlcly
moved for « compul-ory mm suit, rtt
itiu authorities tn show flint in such
the Imrlrn i. «t« upon the plain
tiff to prove what proportlon of the
damage sustained by the plaintiff's
land has 1m i n caused by culm from
the defendant * collieries
The case, Ik liik tried, lie Mill, wit
susceptible of Minif evidence to show
to what extent the defendant company
»'»« res|mn»ibl«, yet no tcstimoDV had
been adduced that would go beyond
the merest "RUM*." HP claimed that
the pininti If by her testimony hail
shown that other people inside the I.e
high A Wilkes Barre Coal company
contributed to the culm that came
down the river: the hunleti remained
with Iter, he instated, to show how
much of the enlni deposited on her
land came front the defendant's coal
operations. Without such evidence
the jury would not be able to ascer
tain the projmrtionate share of the
damage to he borne by the defendant.
Hon. 11. M. Hinckley argued stren
uously to overthrow the motion for
nou suit. He contended that all the
evidence possible had been adduced to
show the extent to which the defend
ant company was responsible for the
damage sustained by reason of coal
■lilt on the plaintiff's farm. He dwelt
upou the testimony of Mr. Mensch to
show that the condition of the culm
banks in ISM'it was the same as in 1903,
"only they were larger. " Evidence
adduced had shown that the culm
banks from It>ol to 1907 were built
down to the banks of the stream, which
with every rise washed away large
uautities of culm.
The plaintiff claims that tiie land
was damaged by culm that camo down
the Catawissa creek. Mr. Hinck
ley contended that it was not neces
sary for it to prove just what fraction
of coal dirt each of the live collieries
at the headwaters "112 the Catawissa
oreek contributed. Quoting Judge
Heudeison in a parallel ease he affir
med that the proportion of damage
can't be found to mathematical exact
ness, but that it is a guess at best. It
is the duty ot the jury after hearing the
evidence to determine the proportion
NON SUIT REFUSED
Judge Evans refused to grant the
motion for a compulsory nou suit and
at 10:45 o'clock Hon. 112. \Y. Wheaton
opened fur the"] defendant, addressing
the jury for about I :»If an hour.
He said that no depreciation of the
laud had teen claimed by the plaint
iff until after the liig flood accompany
ing the breaking of the ice gorge in
1904. The ice cakes deposited on the
lowland contained coal dirt and when
they melted the culm remained on the
land. The masses of ice came down
the North Branch and the coal dirt
that did the damage was gathered up
at various points. The burden, Mr.
Wheaton said, is on the plaintiff to
prove thai all the culm on her land
came from the defendant's coal works
and nowhere else.
On the Nescopeck creek are collier
ies and these from a time prior to 1902
have been sending quantities of culm
down into the river; up the North
Branch and up the Lackawanna river
are collieries from which culm is
! swept into the river. In all theie are
from 150 to 200 collieries up the river
that contribute to the coal dirt in the
stream. L Many of these have been in
operation for twenty years or more.
• Mr. Wheaton defied any man to
stand on the rivei bank at this point
or elsewhere and surveying the dejws
its of coal and coal dirt say from
which mines any of it came. In view
of the great number of collieries con
tributing he thought the chances are
exceedingly slim thai any appreciable
quantity of it had come from the de
fendant's collieries thirty-five miles
up the Catawissa creek.
There were also offered in evidence
declaration of the plaintiff in similar
j suits brought against the Cross creek
( Coal Co., the Lehigh Valley Coal Co.
the Susquehanna Coal Co., the Scran
ton Coal, the Delaware and Hudson
Coal Co. The Scrauton Coal company's
works and the Delaware and Hudson
company's miues] ate on the Lacka
wauua river and Mr. Wheaton em
phasized the fact that in all the cases
j the declaration of the plaintiff is iden
j tical with the one relating to fhe case
| against the Lehigh and Wiikes-Barre
; coal company now on trial—alleging
| damage done by coal diit which came
i down from the mines of the defend
-1 ant companies and was deposited on
J her land.
| Among the witnesses who testified
. for the defendant yesterday were C.
Clyde Moore, A. B. Manning and W.
F. Dodge,all'miningengineers. W. H.
Dodge, a chemist, was also on the
stand. The latter wituess produced an
analysis of coal dirt, showing that
among its constituents there are no
elements that should work injury to
It was learned yesterdayjthat several
more experts are to testify.