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VOL. Ai; NO Ift
criiltWlTY NKAKIA Kll,ls
Cnrlosity nearly cost the life « 1
vi ii old Calvin Wilkinpon.of 123 Mul
berry street, Harrishntg, wlifn he got
hold of the family coal oil can and
■Hank a quantity Just Jto sec how coal
oil tasted. It evidently did not taste
verv well so he told his parent* all
■»bout it. They hustled him over to the
hospital dis|ensarv where milliard
water was administered and his life
I.KISI'RKIiY DEER—B. M lleisey,
of liock Haven, had an odd 1 xperiein e
recently while in the orchard of his
brother at Haneyville, Clinton coun
ty. He was picking apples when Ins
attention was attracted by a strange
noise in the bushes. Suddenly a doe
leaped to its feet and stood gazing at
him. Then a fawn followed and took
its stand by the side of the doe. Last
but not least a large buck was aroused
and when it saw Mr. Heisey started
leisurely away, followed by another
fawn. The quartet passed along the
fence for some distance, did not ap
pear to be at all frightened and final
ly disappeared in the woods.
NARROW ESCAPE—Peter Bitting,
of Newport, had a remarkable escape
from serious injury a few days ago.
He was driving over the tracks of a
siding at that place and tiainmen did
not notice his approach and started a
car in on the siding. It struck the
wagon on which Mr. Bitting was driv
ing and lie was thrown out and under
the car. The horse was also caught
and dragged for about thirty feet when
the car left the track. Mr. Bitting
managed to free himself from the
wreckage and was taken to the office
of a physician, where it was found
that he had escaped with a few slight j
injuries. The horse also escaped, but
the wagon was demolished
TOUCHED MULE'S TENDER
SPOT—Lather Bowser.son of Andrew
Bowser, of Henderson township, Hun
tingdon county, was kicked by a ninle
and rendered unconscious. The boy
was driving the animal and touched
it ou a tender spot, with the result
that the lad was kicked on the head
and the physician who was summoned
found it nceessary to putin a nnmber
of stitches in closing the wound.
SOMEHOOMMOTION.— Some com
motion was caused in the home of
Street Commissioner John C. Reed, of
West Chester, by an explosion in a
cook stove which tore the stove to
pieces and caused much damage to the
kitchen. The explosion is attributed
to a dynamite cap left in the coal at
CHEAPEST PAYS BEST.—At the
meeting of the executive committee of
the Allentown fair, the statement of
the officers, showed that the profits
for this year's exhibition amounted
to ,?4,:tsß. It is said that no other fair
in the world which charges only 25
cents admission is so prosperous.
OLD FREIGHTER DEAD—George
Geigley.the oldest inhabitant of Birds
boro, is (lend of gangrene at the age
of!) 2 years. He was one of the few
survivors of the Conestoga wagon
freighters who hauled goods between
the east and the west before the rail
NEED THE BRUSHES.-Examina
tion made by the Reading Dental so
ciety, lias disclosed that only 4,849
Reading school children use tooth
brushes out of 8,925 examined between
the ages of 5 and 17. Those had more
than 52,000 cavities to be filled up.
DARED TO DEATH—Several boys
whose homes are in Columbia were
daring cacli other to touch a broken
electric light wire dangling from a
polo when Daniel Laudcnberger, aged
7 years, jumped and grabbed it with a
lirrn hold. He was killed instantly and
his body could not be released until
the power had been turned off.
NEVER HAVE MOVED.-Mr. and
ilrs. Jacob L. Bower, of Birdsboro,
celebrated their golden wedding an
niversary in the Bower homestead,
where they began housekeeping 50
years ago, and which has been in pos
session of the Bower family for KiS
"YOU BET"—The Pottstown High
School Literary society debated the
question "Resolved That corporal
punishment should be abolished" and
the affirmative side won with a whoop.
GROWING BIG ONES.-John Con
rad of Pottstown is exhibiting three
pumpkins, weighing 157, 10;! and 7»!
pounds respectively that were grown
at Schultzville on a vine that boro 28.
SECOND CROP POTATOS. —M.
A. Wentzel of Shamrock, Ims raised a
second crop of Early Rose potatoes,
nearly as large as tlm first.
Miss Jennie Kelso of this city was
removed to the Joseph Ratti Hospital,
at Bloomsburg, yesterday, where she
underwent an operation. Her condi
tion was very promising last evening.
iHontnut' American. jpu
Piopcrtv owners nn Kast Front street
presented it pet it inn t<> flic borough
council Friday night asking that llv««
1 n<|iii«tbe paved with vitrlfl«*«l brick.
1 Thi' pet 111 en was accepted 111111 action
was taki 11 looking to tlio holding of a
meeting to hear objections. the en»
act ment of a lequired ordinance, etc.
A petit inn was received from a maj
nritv «»f property owners on Front
street between the western building
line of Kerry street and the eastern
building line of Hail road street, res
pectfully, petitioning ami requesting
oaucil to enact an ordinance requir
inn anil providing for the grading antl
paving with vitrified paving brick and
curbing with stone of all of said por
tion of the above street.
The petition was signed by the fol
lowing: Joseph Heini, 11. K. Kdnionil
, son, John Hixson, Hunter estate, Dan
ville Structural Tubing Co., T. W.
Bedca, E. A. Adams, George E. Ornd
orf, W. \V. Davis, Wesley Hollobaugh,
Mrs. W. 1., Clark,T. W. Bartholomew,
E Connan.Mrs. Martha Y. Gearhart,
Mrs. Joseph L. Eranie, T. J. Price,
Trustee, Danville Foundry and Mach
ine Co., Wallace A. Hoover, Julius
Heim, D. H. Fetternian.D. B. Heddens,
W. L. Gouger, Mrs. Harriet 1. Myer
ly. Lillio M. Furpur, R. L. Marks,
Harry Ellenbogen, Joseph Heim, trus
! tees of B'nai /.ion congregation, E.
Herbert Myerly, Edward F. Bell, T.
J. Jones, George A. Meyers, J. V.
Gillaspy.A. 1). Myerly and George L.
On motion of Mr. Heim it was ord
ered that the above petition be accept
ed and filed ol' record for further ac
tion of council.
On motion of Mr. Heim a resolution
was passed providing that a twelve
days' public notice by hand hills post
ed on line of proposed improvement
be given that the town council will
meet on Friday, November is, HIIO, at
:8 o'clock, j). 111., for the purpose of
hearing objections to the proposition
' to pave and curb said part of East
Front street and also then and there
1 to consider the propriety of the enact
! ment of the necessary ordinance.
On motion of Mr. Heim it was ord-
ered that as soon as the chief burgess
approves the foregoing resolution the
secretary be directed to sign, attach
the borough seal and to post along the
line of the proposed improvement the
notices provided for in said resolu
The following communication was
received from Charles P. Gear hart,
district attorney of Montonr county :
"At October sessions, 11)10, of tlie
court of Montour county, the const
able of the second ward of the borough
of Danville returned as follows, to
wit: 'Street in bad condition from
Front to Gtand. From corner of Honey
moon to Cooper and to Mowrey; stone
and garbage in same.'
"I beg to advise you that unless the
defects so reported be promptly repair
ed it shall be my duty to apply the
law for your neglect in this behalf. "
Street Commissioner Keefer report
ed that the street reported to court
had been fixed up as far as possible
tinder existiug circumstances. The
sidewalks, he said, are in such a bad
condition as to make proper repairs
impracticable at present.
On motion the secretary was in
structed to order four extra car loads
ot coal each week in order that a
sufficiently large supply may oe got
ten on hand for winter use.
On motion of Mr. Jones Borough
Electrician Smith was authorized to
purchase a dozen electric light poles;
also 150 pounds of magnet wire.
On motion of Mr. Curry it was ord
ered that the third quarterly appro
priation due the lire department be
On motion of Mr. Marshall it was
ordered that the benches be removed
from Memorial paiL and stored away
in the basement of city hall.
The following bill- were approved for
K"unhir employes $15:1,50
IViui orii Drug & Chemical Co ;)s.TB
Freight on coal 12D.00
DanvilleF'd'y& Machine Co . 1.50
Hover Brothers .. 38.40
Standard Gas Co 1.50
A. M. Peters 5.57
Jewell Filtration Co 81.50
Washington Fire Co 1.00
M. G. Lilley Co 2.8!)
Adams Express Co 55
Labor in Light Dep't 13.75
Kutnsey Electrical Co »>B.tSO
Adams Express Co 0,0
[ Wallace A. Hoover 1.25
Labor and Hauling $313.05
A. F. Hartman 5.33
Reading Iron Co 18.98
George F. Keefer... 92.00
Regular Employes 117.60
Charles E. Vori's 7.35
Standard Gas Co 50
People's Coal Yard 24.35
Charles W. C00k... 2.80
W. W. Welliver '////, 1(53!35
DANVILLE, PA., THURSDAY, NOVEMBER 10 IHIO
VOTE IN MONTOUR COUNTY
n I! 7 112 ? 7 | | 112 fi( I Hl|
£:II:r| 5 ; .112 - 2
2 <*•-»• a * -t ? ix s r
2 5 *?*•:: g -3 : § a :
O?■$I§:: ■ : : Is :
> :•■•!' : ! : : I - !
H . . ! ''..'l T'
• : : : :
I.'ii> t R I i(« 62 u* :,i it hi 12 u m;:« | >#* ; 6 429
> Octal, It I A? H4 *6 71 1591141 HO I 2* 16 j3l V 44 1* il2 4911
I Kerry, K > 281 147 j 112 129 41 16 |? 54 4u 82 7136,18 |2* j 10IN j
I.IKI'TKN ANT I.OVKRNOR
Kovuolds. It U4 m 73 112 16 11 14 17 * 4* 6 26 !' 6 455
Qlwrjr, l> 93 1 60 I 106 69 71 IHI4* 146 27 43 j ;I 4H 21 : 111 673
| Gibbotiey, K 1 71 lit,» 795 24 7j 96 17 2ft 4li I4j 32 1 6!17 I Ml
i si ( \ OK tNTKRNAI, AI I'AIIIS
1 lloiick. H 102 (52 7(1 67 | IS ! 12 til 111 11 41 7 j 0 II 7.j 117
Blakslt-e |> *7 59 97 nil (is i 23 46 46 30 44 M 4* 22 21 65s
Chki'V K ' 18ft H7 «» m 85 5 2H 44 111 ! 44 I » ! ill ; 4 15 607
McHenry, K 7ft 1 78 ! 77 53 47 15 18 37 11 45 j 6 I 2!! 14 6 514
McHenry, D t» 74 94 59 17 15 52 117 32 43 10 46 2s is 630
Harter, K '"1 »2 j9B 112 16 7 22 34 16 61 j 2 2(> :: |s ms
SKXATOR IN i.KN'I. ASSKMIILY
Yetter K . Iftl 103 116 so 32 14 10 1* 11 411 I * 30 11 13 643
ISoneß 'd. 11:1 1 iH# 120 |B3j 22 511 |651421 65 111 54 27 j29 |l 925
Amnierman, D. P. K 1»» ! ?•» U» j 107 171 18 54 59 11» 58 ;13 31 |h 134 880
Newbuker j 834 j 187 187 j 157 | 43 j22 j 3* 156, 36 j K6 N 77 , 18 jls | 1154
TENER'S VOTE SINKS
TO 20 THOUSAND 1
PHILADELPHIA, Nov. St.
.Toliu K. Tenor's plurality for gover
nor of Pennsylvania may bo as low as
30,000, or even much less when com
plete figures from all of the sixty
seven counties in the State are in.
Estimates from sixty three of the
counties give the Rephulican candid
ate a lead of about 28,000 and the miss
ing comities —Klk, Northampton, Pike
and Snyder—are expected to -how
pluralities for William H. Berry, the
Keystone party candidate for Gover
nor. Webster Grim, the Democratic
gubernatorial candidate, ran far be
hind his two opponents.
Philadelphia gave Tener a greatly
reduced plurality.he currying the city
bv 45,254 votes over Berry. Philadel
phia's vote was needed by Tener to
win as the estimates show that Berry,
polled sufficient independent votes to
carry the State outside of the Phila
delphia stronghold of Republicanism.
Congressman John M. Reynolds,Re
publican,for lieutenant governor, and
Henry Ilouck. Republican, for secre
tary of internal affairs, were elected
by pluralities approximately the same
NEW YORK, Nov. a.
More complete returns today front
the elections held throughout the
country yesterday serve to emphasize
rather than diminish the Democratic
landslide. There is hardly a section of
the entire nation where the Republi
can vote did not slump notably and in
many cases disastrously.
The Sixty-second confess will be
Democratic by a tine working major-1
ity, while in the United States senate j
the Republicans will have only a scant !
lead over their opponents.
Four influential eastern States New
York, Massachusetts. Connecticut anil j
New Jersey, take their places at the
head of the procession with Demo- j
cratic governors nnd strong Demo- !
cratic representation in their legida
tures. Ohio, too, is Democratic.
GREAT LEADERS MEET DEFEAT.
The two great leaders of the Repub
lican party, Tuff and Roosevelt, alike
met defeat in their own States. Roose
velt's home town ot Oyster Ray went
against him; his congressional dis-j
trict chose a Democratic representa
tive to replace Congressman W. \V.
Cocks, Roosevelt's warm petsoual
frieml; his State repudiated the Re
publican candidate for governor by i
fifty thousand plurality. As an addi- j
tional blow, the New York State leg- |
1 islature is Democratic and will elect a
i Democratic senator to succeed Chauu
j eey M. Depew.
President Taft today find himself j
face to face with the one danger which :
he has most dreaded and which he be- '
| sought the Republican voters of the
nation to prevent—a hostile house of
| representatives to nullify what re-!
1 mains of his legislative programme.
i Summed up, the results of the var
! ious State elections were as follows:
* Democratic —Alabama, Connecticut, (
Florida, Indiana, Massachusetts, Nev
ada, New Jersey, Now York, Ohio,
Oklahoma, South Carolina and Texas.
Republican Colorado, Delaware,
Idaho, Michigan, Minuesota,Nebraska,
New Hampshire, North Dakota, Penn
sylvania, Rhode Island, South Dakota,
! Tennessee anil Wisconsin.
The Pennsylvania Congressional!
delegation,according to the latest figu-:
res received stands Republicans, 'i'i:
Democrats. 1)8; with two districts
doubtful a.- compared with the present |
delegation of '■!'! Republicans and "> j
The donhtinl districts are the Eleven- i
tli and Fourteenth. The latter district :
on prevut figures favors Charles C. :
Pratt, Republican, for re-election.
The Republicans also sustained a
slight loss in both houses of the Leg- j
islatnre, a coalition of Democrats and
independents defeating tegular org- j
animation men in several Republican !
st lon gh olds. The legislature, how- '
lever, remains strongly Republican on
! joint ballot.
SOCIALISTS ELECT MEMBERS
The Socialists elected a member of
tho Assembly from Perks county. He
is James H. Maurer,and lie is probab
ly the ti I>r representative of that party J
to win a M:II in the Pennsylvania Leg- 1
Doubtful— lowa autl Kansas
Due of the most astonishing over
turns was iu the rocK-ribbed Republi
can Statu of Massachusetts where
Eugene X, Foss, Democrat, has a maj
ority of thirty thousand.
Foss' campaign was made on a
stiaightont tariff issue. The Massa- I
chusetts legislature is Republican and j
will re-elect Senator Lodge.
WILSON ELECTE >
■ In New Jersey Dr. Wood row Wil- 1
son who resigned the presidency of
i Princeton University, to take up the|
; work of the campaign was swept into
j the governor's chair by twenty thou- j
| sand votes,carrying with him a Demo-'
| oratic majority in the joint session ot :
! the Legislature and insuring a Demo- j
j oratic successor to Senator John Kean.
I Most of New Jersey's ten Congress
| men will sit with the Democratic maj-
I ority in tlie Sixty-second Congress.
Connecticut has eloctea a Demo
cratic Governor for the first time since
j ISIKi, iu the person of Judge Simeon
jE. Baldwin. The chief feature of
j Judge Baldwin's campaign was his
long-drawn-out- controversy with Col
onel Roosevelt over their respective
views of compulsory compensation for
! workinguien injured iu industrial ac
-1 cidents. Judge Baldwin's plurality
| over Charles A. Goodwin is about
| 5,000. The rest of the State olticiary
| will be Republican.
REPUBLICANS LOSE HEAVILY
The Republicans lost heavily in
j Rhode Island, re-electing Governor
: Abrani J. Pothier bv a scant twelve
hundred votes,as against his plurality
of about twelve thousand in the last
! election. Senator Aldiich's successor
! will be a Republican.
New Hampshire's new goveiuor is
i Robert P. Bass, Republican, who won
the nomination on a progressive plat
! form. Diminished Republican plural
| ities were the rule throughout the
Teuessee elected a fusion candidxte,
Ben W. Hooper, by a generous margin ;
Michigan was overwhelmingly in fav
' or of Chase S. Osborn.the Republican
uominee, while Wisconsin chose
' Francis E. McGovern, Republican by
| a reduced plurality.
Dr. P. C. Xewbaker, independent ;
candidate, was elected repiesentative in
the general assembly at the election
held Tuesday, receiving 11.VI votes as
against R. Scott Ammerman's 880. '
For senator in general assembly
Charles W. Soues, Democrat, wins
out, in Montour county his plurality
John Cj. McHenry, who was a can
didate ou both the Democratic and Re- I
publican tickets, was re-elected rep
resentative in congress, the combined
vote being 1141, as against Dr. Matt
For governor, in Montour county
William 11. Perry, Keystone candid
ate, received 101s votes as against 4Jl>
for John K. Tener, Republican, and j
49!) for Webster Grim, Democrat, j
When Mr. Perry ran for State treasnr- i
erin lUOS Montour county gave him i
1451 votes as against 5»'S for J. Lee j
For lieutenant governor Thomas 11.
Greevy,Democrat, leads with <!?:! votes.
1). Clarence Gibhony, Kevstoi e can
didate, received .181 votes and John M.
Reynolds, the Repbullcnu candidate,
For secretary of internal atfairs
James 1 Plabeslee, Democrat, leads
witli t*.r>B votes. John J. Casey, the
Keystone candidate,received tiOT votes
and Henry Houck, Republican, 147
The weather while not of the ideal
>ort was not sufficiently unpleasant to
keep anyone away from the polls The
ground was covered with snow in the
morning During the early part of the
day this melted, leaving the streets
and the country roads wet and muddy.
The weather at times was threatening,
but no rain or snow fell during the
day, although the air was raw. The
sidewalks dried oil' during the after
noon and in town,at least, no discom
fort attended being out of doors.
The results indicate that something
less than a full vo e was polled in any
of the districts, which is not unusual,
although judging from the interest
shown in the general issue, during the
campaign, one would have thought
that practically every person entitled
to a vote would have found some way
of getting to the polls. Voting was
slow during tho early part of the day.
Up to 4 o'clock in the afternoon at
the voting places in town less than
half the full vote was polled. Tho
I rush that occurred between that, hour
and closing time swelled the vote.
Although it would bo difficult to le
call a campaign in which so much in
terest was manifested in tho general
result as during tho one just passeil
yet it is remarkable that there was no
1 real contest in tho general acceptance
i of that term except for ono office, that
for representative in tho general as -
| Kcuibly. Opposed to R. Scott Ammer
man, who was on tho Democratic, the
Prohibition and Keystone tickets, was
Dr. P. (J. Newbaker, who was not on
the ticket at all, but who was voted
for by "stickers.'' The contest was
generally regarded as an unusual one.
A great deal of hard work was done by
each of the two candidates. Probably
every voter in the county was seen or
was communicated with through the
■ Relating to the Stato ticket in this
j county it became manifest early in the
; campaign that party lines would not
lie closely drawn. There was a "Berry
sentiment" that seemed to grow as
j election approached, the converts ap
i pareutly coming in equal numbers
I from both the Republican and the
1 Democratic ranks. The issues of the
j campaign were warmly discussed, but
I no one seemed in any way positive as
Ito tho resalts and as a rule no fore
i casts were made.
COAL DIRT CASE
GIVEN TO JURY
The Jnry in the case of Hophie (I.
Kckman vs. the l<ehiuh A Wliken ,
Kane Coal Company retired to it* de
liberation* at o'clock Friday
The entire forenoon was occupied
by the attorney's addresses. Former
Judge F, \\. Wheaton, chief counsel
(or the defendant,was taken ill Thurs
day night and was nnahle to appear in
Daniel W. Kaercher of Pottsville
took the case to the jury speaking foi
nearly two hours. Mr. Kaercher essay
ed no oratorical (lights but speakiug
deliberately in a conversational tone
reviewed the evidence exhaustively.
He claimed that the plaintill had
failed to make out a case; that the
evidence failed to show that the laud
was permanently (which he said meant
He adverted to the testimony to
show that in I!K)4 the ice did not go
out of Catawissa creek until after the
icegotge in the river broke and held
that the plaintiff failed to show that
the culm deposited on her land came
from the Catawissa creek; also to
what extent the land had been damag
ed by culm alleged to have come down
the Catawissa creek from the mines of i
Mr. Kaercher adverted to the "state
ments of the plaintiff" offered in evid
ence, showing that Mrs. Kckman has
also brought suit against a number of j
other coal companies charging them
with doing the same thing that she
alleges the defendant is responsible
He also adverted to the value of the
farm as indicated by the assessor's
book offered in evidence, namely,
314. Mr. Kckman himself was the as
sessor and had subscribed to an oath
that ho would value the property at i
the full market price.
Mr. Kaercher contended that the
plaintiff had fai.ed to prove that her
land is unfit for cultivation. Another
point, which he claimed "faults" the
caso is that she failed to prove that
any culm had been put into the Cata
wissa creek by the defendant company
prior to 1904.
The jury, he said, would not be per- I
mitted to guess in the matter. It
would not be permitted to visit the
effects of negligent acts of other col
lieries upon the defendant. All the
collieries contributing culm would
have to be taken into account. At the
very most the jury could impose only
It was nearly 11 o'clock when Hon.
H. M. Hinckley fur the plaintiff w< nt
to the jury. He spoke until abort
12:110. The address was deliveii'' in
Mr. Hinckley's I-I :iim:ti I IMII -I \..
and was listened tn witii the i-p«st
interest. He reviewed all the in i■ I> m
in succession taking up tin' mit- it
points that Mr. Kaercher I ml ..:i i, ..
show that the plaintiff ha>i f'i .- I c.
make out a case.
Mr. Hinckley disputed that ' pf
manently" injured itnpiles "entirely"
injured—by coal dirt.
He admitted that the plaintiff
brought "several" suits for the reason
that she did not know which company
was responsible. She can only recover
| ouce—for the full amount of the dam
age sustained—whether it come from
I one compauy or the whole number.
The other cases have nothing to do
with this one.
The evidence showed, Mr. Hinckley
said, that the defendant company was
guilty nf a negligent act by placing
culm on the banks ot the stream—so
close that the water even in ordinary
i stages might wash it away.
He laid it down as a principle that
i the defendant is liable only for the
I injury it inflicts and can be held only
I for its proportionate share of the dam
| age. It was foi the jury to'deteimine,
he said, whether other companies are
responsible for the damage the plain
i tiff has sustained and, if so, what i>
S the proportionate share.
In taking up the analysis of the soil
|on which counsel for the defendant
had dwelt to show that the plaintiff's
farm bail sustained no permament
i damage, Mr. Hinckley stated that the
defendant's ca-e was made up of ex
i ports but he said that in this matter
I ho would plaeo one experienced farm
jer against ten experts. The barren
i field, he decalred, lies there as ir-
I refutable testimony that the land has
I been permanently damaged,
j He ridiculed the theory that the
i coal dirt came from collieries miles
up the river as urged by the defend
■ ants. It was not necessary to look so
far, he said,when the Catawissa creek
! three miles above the farm is black
i with coal dirt.
Mr. Hinckley said no attempt would
be made to hold the defendant for the
whole damage, but only for its pro
portionate share. The defendant, he
said, admitted that "all of them" have
been contributing to the pollution.
The Lehigh & Wilkes-Barre Coal Com
pany have three operations; therefore
of the eight culm banks maintained it
KBTAHMBIIKD IN IH.V
I- fur Mini fill till* limit*
Mr Mini I,ley «ni'l thu i|i>(rt)ilM| In
rM|K>h'ihl« fur three iightlm <if the
dnmuge done Tin- ln-« Mi'tnmid by
the ]>lititi ri IT had hi fii variously null
mated bj (lie wline**** at nil Ihr wav
from s:i.'i<H> to
The damage therefor, might hp died
hi thiee •• inht lm nl ftI.OOO or l.'.avi, to
which on h compensation for delay
might tin added another amount not to
esceed xi* per cent, of the nam each
year lot the time «*mt>r»<•«■»!. six year*.
I inn i>• 11 inti'l v on reconvening after
the ti of in intermission ,futl|(i> Ktfuio
charged the jury. He reviewed all the
testimony ami afiplie<l the points of
law, which hml been argm il and allow
ed. The charge was lompri'liNniTe
Coal miner*, lie said, have a right
to de| i>-it culm on their land, protect
ed against all ordinary floods They
have no right, however, to dejmsit
culm in a stream. The hurden in on
the plaintiff tn show that the defend
ant either placed culm in the creek or
so near to it that ordinary floods car
ried it away. If culm was placed in
the creek by other companies the de
fendant i« not responsible for the dam
age done by if.
If it is found that the damage sus
tained by the plaintiff was caused by
a large number of mines, the colliery
of the Lehigh and Wilkes Barre Coal
company being responsible for only an
inconsiderable part, then the defend
ant can he held only for nominal dam
age, which may be ten cents or one
The plaintiff claims permanent in
jury. If she has failed to prove per
manent injury there can be no recov
ery beyond nominal damages.
§ In all cases the jury was to be gov
erned bv the preponderance of testi
mony. The verdict, the court explain
ed, might be for the defendant; for
nominal damages or for compensatory
damages, the latter representing the
full extent of injury to the farm.
Verdict for the Plaintiff.
The jury in the case of Sophie G
Kckman vs. the Lehigh & Wilkes-
Harre Coal Company, the .trial of
| which occupied practically the entire
week, rendered a verdict Saturday in
favor ot' the plaintiff for $1417.11. The
jury, which retired at a o'clock Fri
' day afternoon, reached an agreement
,at 11 o'clock that night. Following
I instructions the verdict was sealed
' and presented to court at 10 o'clock
| Saturday morning,
i The jury found as follows: First.
That the total damage sustained by
; the plaintiff is S4OOO.
! Second. That the proportion for
which the defendant in this suit is
liable is 11142.85
Third. Amount allowed the plain
tisl for detention of payment of dam
ages. $274 :.<!.
Fourth. Total amount of verdict of
pl iin' tv in rln- rase against the de
ft UIIKIII . i 11.
Wht-n 11.♦* IL net was announced
William K:i»" «Wst of counsel for de
fendant IIIOVIM; i r judgment non ob
stHiitc veil i i in it)><hi the whole lec
• ■in. which irai.'-l i'ed into language
Mutt Liyii iit i ;in undeistaud means
that the defendant claims that the
evidence adductd af the trial was not
sufficient to warrant a finbing for the
plaintiff and that the verdict should
I have been for the defendant.
Thus was brought to a conclusion
one of the most noteworthy civil suits
that has been tried m the Montour
county court in many years The jury
| all told was on duty eighteen days.
| Six days wera occupied in the local
I court during the progress of the trial.
! Twelve days were spent in viewing
' the farm of the plaintiff at Roaring
I Creek and in making a tour of the
I coal regions to investigate conditions
|at the mines with leference to the
j care of coal dirt. Some six hundred
I dollars were required to pay off the
HOLY NAME SOCIETY
j A great demonstration of the Holy
| Name societies of this section will be
' held at Shamokin next Sunday after
noon at 2:!50. The following towns
will participate: Danville, Ashland,
Centralia, Mt. Carmel, Locust Gap,
i Shamokin anil Trevorton.
; An address will be delivered in St.
i Edwards' church by the Kev. Father
| Luke A. Grace of Philadelphia, one
of the linest orators in the State.
I There will be an immense parade for
j which all the Shamokin bands have
I been engaged.
I These parades are becoming annual
| occurrences all over the State. Last
year's demonstration was prevented
1 by the big snow storm on Thanksgiv-
I ing Day.
Well Known Milton Reiident.
John W. rf. Swarts, a well known
resident, of Milton, and one of that
town's most prominent and successful
business men. fell over dead while
walking on the street Tuesday even
Scarlet Fever In Madiaon Township.
Scarlet fever has broken out among
the pupils of the Vandine school in
Madison township, and the school has
been closed. There are six cases and
the homes have been quarantined.