Johnstown weekly Democrat. (Johnstown, Cambria County, Pa.) 1889-1916, March 14, 1890, Image 1

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    VOL.XXVII.
Un til' riiot'KKniN'GS.
FRIDAY M inxino.
Tlie case of tiie Common wealth v*.
Mary Farrell, begun in the afternoon,was
concluded. Briefly, the facts as adduced
by the evidence are about these : Mrs,
Biddy Woods, of Prospect, kept a "speak
easy" in that bailiwick. On February
S4tii a number of the trie:."! 3 of MIS
Woods were at her bouse, when Patrick
O'Conuell came in and asked for beer. It
was furnished him, and some trouble re
sulted about the paying for it. This was
about 10 o'clock p. M. The women presnt,
among whom was Mrs. Farrell. wife of
Andy Farrell, took up the case for Mrs.
Woods, and rather summarily ejected
O'Conuell. lie went to the kitchen door
to effect an entrance, but when the door
was opened he was met by a shower of
missiles, among which were two
pokers and a butcher's knife.
The latter took effect above the
eye, reswlting in its loss. Mrs. Farrell, it
was charged by the prosecutor, threw
the knife. One of the witnesses swore to
this. Others saw it strike him aud saw
him fall. Dr. W. B. Lowmau, who at
tended O'Connell testified that the wound
was made by some sharp instrument like
a knife and not by a fall or by a poker.
O'Connell was drunk at the time and
could not tell just what happened. Mrs.
Farrell, while on the stand admitted all
but the throwing of the knife. Cbal. L.
Dick aud F. P. Mortin defended Mrs.
Farrell.
The jury deliberated only a short time,
when they returned a verdict of guilty in
manner and form as indicted, but recom
mended her to the mercy of the Court.
Her counsel made a motion in arrest of
judgment. The matter will eorne up on
Monday next, when it will be disposed of
finally.
Commonwealth vs. James Farreu, re
sisting an officer. Nolle prosequi entered
on payment of cost by defendant.
Patrick O'Connell, charged with var
ious iiinds of assault and battery pleaded
guilty to simple assault ami battery, and
w as remanded to jail for sentence.
On Friday the' case of the Common
wealth vs. llarry L. George, fornication
and bastardy, was taken up. He was
found guilty, but on the charge of seduc
tion and bastardy lie was acquitted, the
act not having been committed in tins
eouuty.
Bertram Simon, was convicted of as
sault and battery. This case came from
Uallitzin, where the defendant keeps a
-tore. The difficulty was between him
and a customer.
The case of the Commonwealth vs. An
drew Urbanitz, murder, was put on trial
Frady afternoon.
EHENSBURO, March 8. —Yesterday after
noon Court took up the Peters gambling
case. The several witnesses, who were
all colored men, testified to having played
cards there, one of them saying lie hud
lest money there in games. The others
played for drinks in various ways, but
they did not consider that they were
gambling. Mr. Peters was the only wit
nes examined in ids defense. lie did not
know it if any gambling was done at his
place. The instruction of the Court to
the jury was to the effect that no convic
tion could he made, as the indictment
was druwr. up under the act of 1800,
whereas tiiere was a later act—that o'
1881—under which he might also be con
victed, and this point is guarded against
under the law.
The jury retired short'y before Court
adjourned and on
SATURDAY MORNIKO.
brought in a verdict of not guilty, thus
clearing Peters on a mere technicality.
The costs were put on Peters by the jury.
In tlie case of .Commonwealth vs.
Frank Kinney, aggravated assault and
battery, a nolle proaequi was entered, as
the prosecutor lias left the county-
Tiie case against Andrew Urbanitz,
charged witli murder, was taken up. He
pleaded guilty, and the case was held
over till Monday. Meanwhile the degree
of his guilt will be determined, the Court
having examined several witnesses for
that purpose.
The ease of Commonwealth vs. Thos.
Brown, embezzlement, was continued.
This ease comes from Washington town
ship, where the defendant was tax col
lector.
EBBNSBUKG, March 10.—Quite an inter
est was manifested here to-day in Court
matters. Several parties convicted last
week were called up and sentenced.
Patrick O'Donnell who plead guilty
to an assault and lmttcry in
the Cambria Iron Company's office,
was sentenecd to pay a fine of five
dollars to the Commonwealth, cost of
prosecution, and undergo an imprison
acnt in the county jail for three months.
George Jones, Jatncs Edwards, John
Tracy, Michael Ilohan and Frank Beam
ish, the boys who stole the money from
Kump A Iloran, and went off to New
IJaven and had a big time were next
called. They had pleaded guilty to the
charge of larceny of the money and six
other charges of misdemeanors. The
Judge asked some questions to ascertain
their age and the circumstances of the
stealing. Horace R. Rose, Esq., made a
plea in mitigation of sentence. The
Judge spoke to the boys at length giving
JOHNSTOWN, CAMBRIA COUNTY. PA., FRIDAY, MARCH 14,1890.
them good advice and exhorting litem
to reform, and suspended sentence in six
charges and sentenced them in one, each
bay to pay a line of live dollars, costs of
prosecution, and three months to the
county jail.
August Fresh who pleaded guilty of
stealing a watch was fitted five dollars,
c ists of prosccntion, and three mouth* ,r
1..v j
Mary Farrell who was found guilty of
knocking Patrick O'Connell's eye out
with a butcher's knife in Biddie Wood's
" speak-easy "on Prospect, and recom
mended by tiie jury to the mercy of the
Court, was next called. F. P. Maitin,
Esq., argued ia favor of a motion in ar
rest of judgment. Motion was overruled
jiud sentence passed- Fine of ten dollars,
costs of prosecution, ami impiisbnmeii,
of three months to county jail.
kllen Brass, who had prosecuted Cath
arine McCloskey for malicious mischief,
and the hill wr.s ignored by the Grand
Jury, was sentenced to pay costs of pros
ecution.
Andrew Urbanitz, the Hungarian,
charged with killing one of liis country
men with u red hot poker, had pleaded
guilty to the charge. The Judge decided
it to be murder in the second degree, and
sentenced him to pay a fine of fifty dollars,
costs of prosecution, and live years in the
Western Penitentiary in Allegheny county.
There are now in the county jail ten
boys under seuteuce.tbctween the age i f
thirteeu and seventeen years. These hoys
had been instructed by Mr. W. Tale, be
fore tiieir trial, and be will continue the
instruction hereafter, in the iiope that it
may benefit the boys. Mr. Tate says they
are studious aud desirous of Jcarniug, aud
believes that they, if properly cared for,
will lead a better life ai.d make useful
men.
Khesshuuo, March 10. —Court met at 3
o'cli ck.
MONDAY AKTEKNOON SESSION.
Micbucl Conway, of Lower Yoder town
ship and John J. Kiiney, of Tunnelhill,
were excused from serving on the jury.
James Myers and Even D. Evans, were
the constables appointed to take charge
of the juries for the week.
Charles ShappPe who failed to appear
last week, having been brought up on a
bench warrant was discharged by his
paying the costs of bench warrant.
The bur list was then called, and the
following petitions were presented and
motions made.
By George 11. Reade, Esq.i
notion for judgment by default, for want of
appearance In the case of .1. P. Fry, Executor of
Barbara Lloyd, deceased, vs. Elizabeth Kuntz
man. Motion granted.
Motion for judgment by default for wailt of
appearance In the ease of .1. l'. Fry, ltxecutor
of Barbara Lloyd, deceased, vs.Hobert Hoffman.
Motion granted.
Motion to appoint auditor to report upon ex
ceptions tiled and report distribution of the
funds lu the hands of Charles Weaklan and P.
I'. Miller, Administrator's of W. A. Uager. T. W.
Dick, Esq.,appointed.
By \V. 11. scolder, F.sq :
Petition of slmon Vaught, Administrator of
Mathlas llolTman, deceased, for an order to sell
real estate for payment of debts, order granted.
By .!aob Zimmerman, Esq :
Motion to appoint auditor to report distribu
tion of the funds In the hands of the assignee to
and among the parties Interested In the fourth
and final account of Stephen Htutzuian, Assignee
of M. \V. Kelm & Co., end M. W. Kelm and wile,
.lolin M. Rose, Esq., appointed.
Motion to appoint auditor to make distribu
tion of funds In the hands of Andrew Yeagley,
Assignee of Hugh (ireenwood. James M. Wal
ters appointed.
Petition of .sam'i Schrockpraying (he court to
direct the Prothonotary to mark certain judg
ments of Joseph shoemaker vs. said Samuel
sehrock satisfied. Petition granted.
By Alvln Evans, Esq :
In the matter of the proceedings In partition
in the estate of Henry Wllebrand, deceased,
motion ror appointment of auditor to ascertain
liens against the heirs of the decendent, and to
report distribution of the money In the hands of
the recognizor to and anioug the persons legally
entitled to receive the same. A. V. Barker, ap
pointed.
Motion for Judgment for want of appearance
in the case of use of Thomas Griffith against
John Beers and William II Beers. Judgment
granted.
Petition of Ellas Rowland for an order direct
ing the satisfaction of a certain mortgage given
by (he petitioner In favor of Isaac Rowland.
Petition granted and John Davis, Administrator
of Isaac Rowland, directed to appear at next
term to answer said petition,
By John 11. Brown, Esq.:
Petition of Edward 11. Fronhelser, uuardlan
of Jennie Bending, for discharge, lie having re
ceived no funds and said ward being now de
ceased.
By Chal. L. Dick, Esq.;
Petition of Elizabeth llorton, Francis llorton,
and Gertrude llorton. minor children of Joseph
llorion, late of Woodvale, for guardians.
Charles llorion appointed; also Charles Horton
appointed uuardlan of George Horton, William
llorton and Joseph llorion, minor children of
said Joseph Horton. deceased.
By M. I). Klttcll. Esq.:
in the matter or the first and final account of
Florence Wlllebrand, Administrator or Henr.x
Wlllebrand, deceased. Motion to appoint Audi
tor to decide on except lons filed and make dls
trtbutlon of funds. A. v. Barker, Esq., ap
pointed.
In the mutter of tUe account of David Barry,
John Dowllng, and M. D. Kitten, Executors or
John Ryan, deceased, who was one of the Ex
ecutors of Catharine Curran, deceased, motion
to appoint D. E. Dufton, Esq., Auditor to report
distribution of funds In hands of accountants-
Motion granted.
Petition of Joseph F. cooper, Executor of Pat
rick Donlvan, deceased, for an order to sell real
estate. Granted.
Petition to the return of order of sale In the
estate of Patrick MePhlllps. Granted.
In the matter of Win. D. Bargoant, against c.
F. Sargeant, motion for Judgment by proclama
lion against defendant on return of two nlhtts.
la the matter of M. I). Klttell, Esq., Assignee
of .1. 11. Fish, against. A. s. Kdmlston, motion for
Judgment against defendant for want of an affi
davit of defense. Motion granted.
in the matter of J. 11. Flsk, Administrator of
A, it. Ftslc, against Win. McManamy, motion
for judgment against defendant for want of ap
pearance. .Motion granted.
In the matter of Executors of John ltjan, de
ceased, against Michael itoogers, motion for
defendant for want of nppear
unce. Motion granted.
In the matter of Martin Ward against James
McCloskey, motion for Judgment against defend
ant for want of appearance. Motion granted.
In t lie matter of A. W. Buck, Administrator,
against Juices Mccloskey, motion for Judgment
against defendant for want of appearance. Mo
tion granted.
In tlie matter of Win. M. Brluker against
Mrs. c. Parrlsh and J. P. rarrisli, agent, motion
for rule to sliow cause why judgment should nut
bo entered for want of a sufllctentanidavlt of de -
fense returnab eat Argument court. Granted,
By iiortice R. Rose, i.sq,:
Petition of Robert Snowden, Gtiardlau of
Royer Jitbert and John Dlbert, minor Ucirs of
.lolin 11. Dlbert, deceased, for permission to Join
the remainder of Ibe lielrs In the sale and Con
veyance of certain real estate to .John Thomas.
Granted.
Petition of Robert 1". snowden, guardian of
John 1). Weaver, minor child of Susan Weaver,
deceased, for permission to Join the remaining
heirs In the sale and conveyance of certain real
estate to John Thomas,
lly Frank J. o'Conner, ESQ.
Petition of Maz/.le M. Kelly, minor child of
Martha Kelly, deceased, for appointment of G.
M. llttghes guardian. Petition granted.
Petition of Franklin P, Kelly by next friend
for the appointment of o. M. Hughes Guardian,
Petition granted.
After calling the bar list, a Jury was called In
the case of Joseph Miller against Nell MO-
Glade. After which Court adjourned until
'I ucsday morning-
TUKSDAY, MORNING SESSION.
The ease of Miller against McGlade was
the first case taken tip. This is a feigned
issue, being a scire facias to revive a judg
ment entered in favor of .loscph Miller
against Edward McGlade, Patrick Comey
and P. MeOough. The pluintifT alleges
that Patrick Comey who was but surety
in suul judgment paid the same to Joseph
Miller and this scire facias is brought to
obtain a revival of the judgment for the
benefit of Patrick Obmcy, surety.
The entire morning session was con
sumed in taking testimony in this case.
KBENSBUHO, March 11.—Court met at
the usual hour, when Ihe case of Miller
(tor the use of Comey) vs. McGlade was
taken up. The facts in the case as atl
pucctl from the evidence are about these :
It appears that in 1808 Edward Mc-
Gladc borrowed a sum of money from
Joseph Miller. Upon one of the notes
given for this money Patrick Comcy was
bail, and afterward paid $143 the amount
of the note. This suit is brought by the
representatives of Joseph Miller—Mrs.
Kate Hlaisdell and Mrs. Emma Davis —to
recover from McGladc the money paid
by Comcy for him. The verdict is really
for the use ot Patrick Comev. For some
legal reason this round about course had
to be pursued in order that Mr. Comey
might be reimbursed for the bail money
paid by him.
Mr McGladc claimed that ho paid the
note himself and gave notice to Comey
not to pay anything to Mi. Miller. On
the contrary the plaintiff alleged that the
money paid by McGladc was simply the
interest on this and other notes held by
Miller against McGladc.
After several hours the jury returned
with a verdict for the plaintiff in the sum
of three hundred dollars, being the full
amount of the judgment in issue and its
interest.
The next case taken up was E. Dcemcr
& Co., against C. Gnycr, tiustee. This
was a feigned issue brought to determine
the ownership of some three miles of
railroad track, an engine, seven trucks
and othei property connected therewith.
This property is said to have been worth
about four thousand dollars, and was
used by I'. and A. Flynu, lumbermen in
the north of the county. I'. and A.
Fiynn being financially troubled
gave to C. Guyer, Trustee of several of
their (P. and A. Flynn's) creditors,
a judgment note for $20,000. On this
judgment the property wus levied on in
spring of 1888 and, after several ad
journed sales, sold in December, 1888. At
this sale it was bought by Elias Dceracr
for the firm of E. Dcemcr & Co., of Wil
liamsport, Pa., who, it was claimed by
Elias Deemcr, had some interest in the
property before the sale, and was particu
larly desirous to secure the property at
Sheriff's sale to complete their title. The
price paid tor the property was $lO5. E.
Deemer A Co. claim the property under
this sale, showing that the sale was prop
erly advertised, regular and according to
law, and went into immediate possession
of it.
The defendant claims that he, being
then plaintill in the judgment under
whicii the property was sold, had 110
notice of the sale : that E. Dccmer &
Co. had served several notices 011 the
Sheriff not to sell the property for it be
longed to them, and the buyer would take
no title. Disregarding and not reading
these notices at the sale, the Sheriff sold
the property.
After the testimony was all in the
Council began to argue the case to the
Court and recite authorities. After hear
ing the argument the Court directed a ver
dict for the plaint iff.
The next case on the list is John 51.
Young against the Johnson Steel Street
Railway Company, aud is for damages for
injuries which Young received while in
the employ of tlie Johnson Company in
June, 1888. Young having lmd hjg
hand taken off in tlie machinery.
NOT >0 11U.55 AS I'AINTEII.
Ill" Truth About the Charges .Matte in the
" Tribune " Against tlie Cambria County
Court.
Under tlie caption of " Some (furiosi
ties of our Court," tl.e Tribune descants
in a manner that would make one be
lieve that anything is possible in a Cam
bria County Court. If what is staled in
last evening's issue of that paper were
true then we have only a travesty and a
farce instead of a Court of Justice. The
truth is that either the Tiibune or its in
formant misstated some facts and put
some others In stleh light hi"! "TO"" C'"!'
elusions would necessarily be drawn
fiom them.
The Tribune alleges that the counsel for
the defense in the Pete rs gambling ease
prepared the indictment for the prosecut
iug attorney,and asks the question, "Is it
likely that a defendant's lawyer would
prepare a bill of indictment against his
client that would stand 1" We answer
t us by saying that it is not likely that an
attorney for the defense, if so employed,
would undertake to prepare an indict
ment against his client at the request of
the prosecuting attorney. But if he di I
so it would be a grave charge for any
newspaperto make or even intimate that
he did it in bad faith or witn a view ot
taking advantage of it. The truth is that
the indictment was prepared for the dis
trict attorney by no less than four compe
tent attorneys, the return liaviug come in
late, and when he was very busily en
gaged in the trial of causes before the
Travers Jury, and in giving instructions
to the Grand Jury. The counsel—W.
Horace Rose, Esq.—who defended Ait.
Peters was not employed or re
tained for the defense until sev
eral days after the bill of indict
ment was drawn. It is certainly a very
grave reflection, if not a libel, on the
counsel for the defei se to intimate that
he acted in bad faith, and no other con
clusion can be drawn from its remarks.
The truth in regard to the gambling
case is that in the information against Mr.
Peters lie was charged with keeping a
gambling house on Adam street, in which
moncv was won and lost in a game of
cards known as poker. It was not
charged that lie was a hotel keeper or per
mitted playing for drinks. The keeping
of a gambling house as alleged in the in
formation is an offense under the penal
code of 1860. . The matter of a landlord
permitting gaming for drink alone is an
indictable offense under an act of 1881.
This was not alleged in the information,
and if it bad been alleged in the indict
ment, the indictment would have been
quashed for the allegations therein were
not contained in the information. The
information contained only an offense
under the penal code of 1860. The in
dictment could contain no more. It was
not quashed by the Court nor is it true,
as has been alleged, the indictment dtdn'l
" bold water." On the contrary the in
dictment was sustained as being perfect
in form and sufficient under the penal
code of 1860, but the Court charged the
jury that the testimony would not war
rant the jury iu finding Mr. Peters guilty
of keeping a gambling house as alleged
iu the indictment, but would have war
ranted a conviction of permitting gam
bling for drinks ; yet the information did
not charge this, nor could it have been
contained in the indictment framed on
the information as returned to the District
Attorney.
In regard to the other matter, already
twice printed by the paper named, this is
the truth : It was in the case of the
Commonwealth vs. McMtillen. It will be
remembered tliat the December Court
McMullen made statements in regard to
where he received the money. The jury
disagreed and the case was tried again
this court. The defendant told a very
different story at the March term of court
In referring to this Chal. L. Dick, Esq.,
in arguing the case for the Common
wealth pointed out this discrepancy in the
two stories of the defendant, and in the
heat of his argument said that lie regard
ed the defendant as one of the d est
liars that ever perjured himself in the wit
ness stand in our temple of justice.
IIOOVKItSVILMC ITKMX.
Here we are again.
The roads aro in bad condition.
Air. 8. S, Swank lias been on the sick
list for several weeks.
Air. F. F. Clark also shipped one ear
load of coal to be tested at Philadelphia.
Air. Joseph Sell rock, of Ohio Pylc,
rented Jolm A. Clark's hotel property at
this place and moved here this week.
We hope lie will be successful in this
place.
Wm. Hoover & Bros., shipped otic cur
load of coal from this place to Philadel
phia to be tested, and if it proves success
full it is rumored that the mine will be
worked at an early day. This would put
now life in the town of Iloovcrsville.
X.
John B. Curtis, of Portland, Ale., has
made nearly §1,000,000 in the manufac
ture of chewing-gum.,
THE NEW KOCTE.
the Proposed Mew lSontl to llm V„rth of
tho County.
The Committee on Municipal Affairs of
tlie Johnstown Board of Trade, Mr. P. S.
Fisher. Chairman, lias received tlie an
nexed letters in reference to the proposed
new road from this city to tlie old State
pike at Munday's. At an informal meet- j
ing of the Committee, it was agreed to
hold a meeting at tlie Board of Trade j
Rooms at 3 p. M., on Thursday, March
37th. It is expected that at this meeting !
all persons interested in any proposed !
road to this city, and especially those in- j
tercstcd in the Hiuekston Run and Cone- 1
maiigli routes, will lie present and be |
able to present their figures and facts, j
when definite action wilt be taken.
YINCO, PA., March 5, 1800. j
To llit< ronuniUee on VnniriiuU Affair* of the •
Board of Track'.
GENTLEMEN : I would say that i pike
road from your city to the National i'ike
would be a desired benefit to your city and
country surrounding. Financially we in
the country are not able to build a goi.d
pike, but all favor the enterprise. There
are personal interests that. 10 some ex
tent, cause or bring about a concern
for the different routes. Aly interests in
the location don't vary much. However,
were I to invest money in a pike with the
expectation of reaping • benefit, I would
invest in the Conemaugh route for this
reason : It would be a pleasanter drive
forcity folks through the farms, etc.,etc. It
would make a solid dry road, tree of
bridges, culverts, and marshy ground.
The scenery would be grand.
The present township road, via Cone
maugh, iu case a pike is built along run,
cannot possibly be dispensed with unless
substituted by a pike.
By produce being shipped to your
city it gives our farmers small profits on
home products, so that if a toll road and
a free road run side by side, the free road
will be used ; this would be economy and
business.
I think a free right-of-way could be had
along the Conemaugh route. A fine
graded road could be made.
Were I to invest money in a pike I
would twice as soon risk it from Cone
maugh. It is a pleasanter route, a shorter
route, and by about half, a cheaper route.
I might say much mure would 1 think
it necessary. Yours Respectfully,
I'. F. CUSTEK.
To the Honorable, the Committee on Municipal
A.fUl>'S °f the Johnstotrn Hnexrtl t,i-IgrmiM' : •
GENTLEMEN : Concerning the proposed
turnpike from Johnstown north along
Ilinckston's Run, you learned, at a spe
cial meeting of your Board of Trade held
in your hall on February Bth, last, that a
turnpike north from Johnstown is badly
needed. There are only four rough
mountain roads leading to Johnstown
from all the territory north of the Cone
maugh river. These roads run over the
highest hills to be found, are very fre
quently blockaded by snow-drifts and ore
almost impassable four or live months of
the year. Johnstown loses much trade
011 this account because, instead of trav
eling over bad roads to Johnstown, their
best market, they take better roads to
more distant points. Of this fact the
Carrolliown JV '(ten is fully convinced as
may be oeen by rcfeiring to one of its
January issues.
The citizens of Jackson and the two
Taylor townships, being almost unable to
reach Johnstown at all this winter, pro
pose to construct a turnpike from Johns
town alon r Ilinckstou's Hun to the old
Pittsburgh turnpike.
The advantages of t..e liun route are
apparent to every one who is at all ac
quainted with it. it seems to have been
designed as a natural and easy route for a
highway. The route was once surveyed
for a proposed plank road and the dis
tance from Lincoln Bridge to the old
Pittsburgh pike was found to be nine miles,
fully a mile shorter than by the proposed
East Conemaugh route. The grade is a
very easy one and nowhere exceeds that
of the Pennsylvania railroad on the west
ern slope of the mountain. According to
the old survey it is about sixty feet to the
mile. The right of way can he had with
out costing a cent and the property-own
ers will give all the needed material free
of cost. Many will also invest money in
the project. The material exists ready
on the surface of the ground just where
the pike should be located, so tt tit there
will be no expensive hauling of material
for long distances. The Hun route is
never blockaded by snowdrifts and can
he used any day or hour in the year.
There is a township road running from
Minersvillc up the run about three or
three and one-half miles, or may be four.
When all other roads to Johnstown are
closed try snowdrifts people call them
selves lucky when they are able to reach
that road, and thus reach Johnstown.
The proposed pike would reach the city
near its center, enabling travelers to
quickly reach any part of the city. At the
fartnest there will bo not more than three
bridges along this route and by cutting
away one or two bluffs only one would
be required. Neither of the bridges need
be more than twenty-five feet in length.
A turnpike along the run would pass cen
trally through all ttie arable land east
of Laurel Hill and could lie easily reach
ed from all sides. These are a few of the
facts that we hope will induce your hon
orable committee to decide in favor of
die Hun route.
Another route for the pike has been
proposed. This route runs through East
Concmaugh and follows the Ebeusburg
road to the stone pike. Tins route
is only mentioned to be con
demned. If it followed the pros
sent road it would run over the highest
hills to be found, thus making very heavy
grades. If it deviates from the present
road it would pass through cultivated
land, and the right of way would cost
considerable. The grades can not lie
materially lowered without increasing the
distance far beyond that of the Hinckston
Hun route. lii any event the road would
inevitably drift shut in winter, requiring
a good part of the tolls to keep it open or
else it must be abandoned till spring.
The material along the Concmaugh
route would bo very hard to get along
two thirds of the route, as there are not
many stones and much of it would have
to be hauled up hill nearly a m'le at great
NO 47
expense. Tim distance from East Cone
maugh is greater if anything to the stone
pike than front the northern boundary of
Miucrsville or Johnstown City, nod there
would he no more pike to build on the
tun route than on the Conemaugh route,
likely not as much. There could scarcely
be any money raised along the Concmaugh
route, as the people there arc indifferent
to any turnpike ; while tht best men in
the three townships are enthusiastic as to
the run route.
East Concmaugh and Franklin did not
recognize the eternal fitness of tilings, but
refused to enter into a city government
along with the other boroughs. Actuated
by pure selfishness they thus refused to
help build up their neighbors that were
worse injured by the flood than they.
Your honorable Committee certainly can
not report in favor of a route that would
give these boroughs all the traffic passing
over it. and Johnstown get very little of
it. This fact olone ought to induce you to
decide in favor of the Hinckstou's Itun
route which would give to Johnstown
City all the trade passing over. It could
not possibly do anything else.
There is only one man in favor of the
Conemaugh route, (P. F. Custer, and he
because it would pass his front door.)
Only one man, if we except the busi
ncss men of East Conemaugh and Frank'
lit), who oppose the run route because
they are afraid some of their trade would
be diverted to Johnstown.
The fact that Ihe run route was adopted
for the plank road ought to be positive
proof that it is the only good one. This
route can be easily reached by any one
going to Johnstown. All the travel from
points north and east of Fairview or Vinco
must pass through that place. Now the
pike along Hinckston's Hun would pass
within a quarter of a mile of Vinco, and
all persons passing through it could very
easily reach the pike by a road now ex
isting. For the country sotuh of Vinco
the run can be reached fully as readily,
and also from all points on the west of the
run. Only live or six persons living west
of the run could use a pike along the
Ebensburg road, consequently there
would he nearly twice as much travel on
Hun route that all can reach, than on the
Concraaugh route that could be reached
by about 011 c half of the people.
We beg your honorable committee not
to be misled by Caldwell's Atlas of Cam
bria County, ljjiK), H s it is absolutely fulsc
and docs not give the correct course of
the run at all especially on the pages de
voted to Jackson and the two Taylor
townships. It gives its course more
nearly correct 011 page 51.
We hope when you consider these facts
that you will decide in favor of the
Hinckston's Knn rottc -end so report to
the Beard of Trade ~1 its" meeting on the
tTth inst. The farmers living nt rth of
Johnstown arc not able of themselves
to build the pike, but as it would benefit
the people of Johnstown as well as our
selves we ask the Board of Trade to en
dorse the project and request all parties,
who arc interested in Johnstown's wel
fare to aid the project. As soon as your
Board takes this action we shall have a
survey made, also estimates, and we shall
do our best to have the pike built. We
do not ask your Board to assume any re.
sponsibility. We only ask you lo adopt
resolutions stating thai 1 turnpike north
from Johnstown is badh necdi d. That the
llinckston's Hun route is ihc ouly availa
ble good route, and that the Board of
Trade earnestly recommend tlie proposed
turnpike to the favorable consideration of
those disposed to aid in increasing and
extending Johnstown's trade.
At a meeting helil in Vineo on the Btii
inst., Benj. Brn-hoff, Jno. A. Strayer,
George Varner, James .M. Singer and J.
C. Wakefield were appointed a business
committee to take charge of all matters
relating to the proposed pike. This com
mittee appointed Jas. M. Singer and J. C.
Wakefield, a sub-Committee, to prepare
tins communication. A meeting on the
turnpike matter will la; held in Ho=edale
on the evening of the 14lh inst.
We advertised for the whereabouts of
Capt. Alexander, who made the survey
for the plank road, but we can not find
him. We wanted the drafts and notes of
that, survey but, as they can not be found,
another survey must be mnde.
We earnestly hope the Committee ou
.Municipal Affairs may be able to report
in favor of Hinckstott's Hun toute at
your meeting on the litli inst. If you do
not decide in favor of it there will be no
pike built as nearly evcrbody is in favor
of this route and opposed to the Cone
maugh route.
AIT of which is respectfully submitted.
JAMES M. SINGED,
J. C. WAKEFIELD.
P. S. Some ot us will likely attend
the meeting of the Board of Trade as to
a survey and surveyor.
♦ *
NON MI'ITKI).
Hi. CHK< of Voting; v. tin* Johnson Com
puny so Kiirieri.
Special to the ,/ohnstoirn Democrat•
EHKNSBURG, PA., March 12.— 1n tiic
case of Young against the .lohnson Com
pany for damages for the loss of his hand
while in their employ the Court directed
a compulsory uon suit.
The Delamuter Canvas.
Pittsburgh t.eaUcr. March nth.
Cyrus Elder, of Johnstown, while in
lite city yesterday said be did not think
that the delegates to the Repulican State
Convention will bolt Dolamater as repoit.
ed. Cambria being a minority county, he
said is also u machine county and the del
egates will vote as the machine dictates.
Warden Young, of the Cambria county
jail, says the opiuion of 'Squire Hart on
the way the Cambria county delegates
will vote in the Republican State Conven
tion doesn't amount to a row of pins ; that
Ilart is the only kicker in the county:
that lie was appointed Alderman in place
of John H. Fisher, who was drowned
in the Hood, at the instance of General
Hastings, whereas, Fisher's son Ed, was
the real choice of the people ; that at the
last election lie only received twenty out
of 280 votes, and that the people of Cam
bria county are for Delauiater in the pro
portion ot twenty-five to one for Hastings.