VOL.XXVIII.
COUKV PKOCEEI INGS.
K gultti* June Terin-Mniidttj Forenoon
Session
EBEXKBPKG, PA., June 2.— Court con
vened at 10 o'clock this forenoon with
Hon. Robert L. Johnston on the bench.
The Court appointed James Myers as
the officer to attend upon juries and for
general purposes until further order.
John W. Tudor was appointed co stable
to attend upon the Traverse Jury and
Porter R Millet upon the Grand Jury.
Joseph Lantzy was appointed Super
visor for Susquehanna township, in the
place of Elias Driscoll. former Supervisor,
lately deceased.
the case of Commonwealth vs. Jacob
Gates for surety of the peace was called.
The defendant was ordered to enter into
recognizuance in the sum of SIOO to keep
the peace for one year and pay the costs of
prosecution. In default of costs lie went
to jail.
The case of John Q. A. Chappel for
surety of the peace was called. After
hearing the evidence tiie Court ordered
that the defendant enter into recogni
zance in the sum of *IOO to keep the peace
one year, and to pay the co-t of prosecu
tion. He is in jail, not yet having fur
nished the required security.
In the case of the Commonwealth vs.
Edward Horner his recognizance was for
feited, he failing to appear, as was that
of Margaret Hcrner, the prosecutrix, who
also failed to appear.
The case of the Commonwealth vs.
Thomas Kingston, surety of the peace,
the defendant was discharged, tne prose
cutor failing to appear.
Joseph Widman, charged with surety
of the peace, was required to enter into
a rccoguizance in the sum of SIOO to keep
the peace for one year, and to pay the
costs of prosecution. He is now in jail
in default of eosts.
Samuel Eastgood, brought up for sutcty
of the peace, was discharged, no prosecu
tor appearing.
The recognizance of Conrad Gerhart
was forfeited, lie having failed to ap
pear.
Court then adjourned until 2 o'cloek.
AFTERNOON SESSION.
Tne case of the Commonwealth vs. Ed
ward D. Stork, suiely of peace, came up
next. When the Court had heard the
case it ordered that the defendant and the
prosecutois, Mary J. Stork and George
Stork, p: y the costs jointly, each to pay
one-thira,and to enter into recognizance to
keep the peace toward one another and
the rest of the wor'd.
The case of the Commonwealtn v>.
Margaret Doyle, surety of the peace,
Felix Doyle, piosecutor, was heard by the
Court. Defendant and prosecutor order
ed to pay the costs jointly, and the de
fendant to enter into recognizance.
On motion of A. V. Barker, Esq., Jeffer
son Harrison was admitted specially as an
attorney of this Court and was sworn in
as such.
Patrick McCann, James Dunn, Adam
Nickle, John Kezniski, John Rude', Jacob
Midler, Robert Kirshner, Dennis Sullivan
and John Sullivan wi re naturalized.
The bar list was then called :
John Finlon.
In case of Alice Mcintosh vs. John Erb,
bail of Thomas Brown, judgment on re
turn of two nihils.
George M. Beetle.
T. W. Dick, Esq., appointed Com
missioner to take testimony in the matter
of the citation on heirs (f John Wcstover,
deceased.
Jonathan Custer, executor of Jacob
Stiffler, discharged on his paying SBB to
Mary Stiffler, the sole legatee.
Alfred Ileslop appointed committee aud
bond tiled in the matter of the habitual
drunkenness of Joseph Heslop.
Rule granted on Jacob R. Troxell in
the matter of a private road for whicli lie
petitioned, to show why lie should not
pay costs.
John P. [Anton.
Petition for the abolition of the South
Fork Independent School District. Rule
granted to show cause, returnable at
Argument Court.
Citation on John Burket, guardian of
Bella Verga, to lile an account by the first
Monday of next July.
Petition of Samuel Dibert for a citation
on Martha Dibert, administratrix of John
Dibert, who was trustee forsaleof certain
real estate for petitioner. Citation
awarded and account to be filed not later
than the first Monday of July next.
Decree made on petition for perfor
mance of a contract made by David
Dibert with L. M. Bowman, relating to
sale of land in Johnstown.
A similar decree made in relation to a
contract between David Dibert, deceased,
and Virginia Rice.
F. A. Shoemaker.
In the case of Armina Baum vs. Jona
than Baum, libel in divorce, William H.
Sechler, Esq , appointed Commissioner.
In the case ot Florian Bengele vs. Louis
Smith, issue awarded to determine owner
ship of certain property.
T. W. Dick.
His own report as Auditor in the estate
of William A. Roger, deceased. Con
firmed.
His own report as Auditor to destribute
JOHNSTOWN, CAMBRIA COUNTY PA., FRIDAY, JUNE 6, 189CP
the balance in the hands of Thomas D.
Evans, one of the executors of Daniel E.
Evan, (Weaver), deceased. Confirmed.
His own report as Commissioner to
take testimony and report decree in the
ca-e of Lizzie A. Gill by her next friend
Thomas Evans vs. Lemuel D. Gill, libel
in divorce. Reyort filed.
W. H. Sechler.
Petition of the several minor children
of Sliti'da Smith, deceased, for the ap
pointment of a guardian. F. N. Burk,
appointed.
Tavern license granted to Neil McGlade,
ransferred to W. E. Nash.
In the estate of Ehas Hoffman, de
ceased, return to an order of sale, setting
forth that the property was sold to
Josephine Hoffman, widow of the de
ceased, for #5lO. and asking cotuirmn
tion. Confirmed.
In the case of executors of Joseph
Miller, de eased, vs. Edward McGlade
et al.. petition for an order to give bond
and release certain property from the
charge of the Sheriff, rule was granted to
show cause.
Judgment ordered for want of affidavit
of defense in the ca-e of John M. Weak
land vs. Wui. H. German.
ft. L. George.
In the case of Henry M. Horn vs. Car >.
line Horn, libel in divorce, plurius sub
puma awarded and order of publication
made.
•lamb Zimmerman..
Hiram Orris appointed guardian of
Emma Dimoi d.
Order granted to George Niteh, Admin
istrator of Peter Nitcb, late of Cambria
borough, deceased, to make private sale
of the real estate (f the decedent for pay
ment of debts.
Partition awarded in the matter of the
petition of N. B. Swank, Administrator
of Jacob Swank, deceased, for the divis
ion of certain rea' estate in Johnstown.
E. G. Kerr.
Petition of citizens of Portage township
asking for the incorporation of the town
of Portage into a borough. Referred to
Grand Jury.
Alvin Evans.
Return of Win. F. Diller, Administrator
of Rev. A. P. Diller, deceased, setting
forth that the property had been sold to
A. V. Barker, Esq.. for $15,700, and ask
ing confirmation. Confirmed.
Return of Jessie H. Dimond, assignee
of John and Lucinda McCormick, asking
for an alias order of sale. Order granted.
His own leport as Additor in the mat
ter of John T. Long, Administrator of
Dr. W. H. Barnctt, deceased. Report
cynfirmed.
John 11. Proton.
Petition for an order of sale in the es
fate of Henry Pritchard, deceased, for the
payment of debts. Order granted.
Same action in the matter of the estate
ot C. Elseaser, deceased.
Return to an order of sale in Hie estate
of William Layton, deceased, stating
that the property was sold to Herman
Baumer for $5,258.50. Confirmed.
Return to an order of sale in the estate
of Joseph R. Moore, deceased, setting
tortli 'liat the property had been sold to
Mary Goughnour for $925. Sale con
firmed.
James M. Walters.
Return of the viewers in the matter of
widening Locust street Filed.
Return of viewers in the matter of
widening Clinton street in the Third ward
of the city of Johnstown. Fded.
His own report as auditor to distribute
the fund in the hands of Andrew Yeagley,
deceased, assignee of Hugh Greenwood
and wife, among those entitled to it. Con
firmed nisi.
Petition of R. H. Pike, guardian of
Anna M. and George M. Pike, for an
allowance for said wards. Allowance of
stl per month for former, $lO for latter,
granted. ,
11. IT. Storey.
A. E. Somerville, George Spangler and
Clias. Ogle appointed viewers to locate
bridge site at Coopersdalc.
George Stut/.man, Jacob Singer and
Clias. Ogle appointed viewers to lay out a
public road in West Taylor township con.
necting with a certain road in Indiana
county.
Order granted to John Ludwig, guar
dian of the children of Ilenry Ludwig,
to sell the interest in certain real estate at
private sale.
Petition of citizcus of West Taylof
township asking to be annexed to Coop
ersdale borough, was referred to the Grand
Jury.
Petition of minor children ot Mary C.
Loughry, deceaeed, late of West Taylor
township, asking for the appointment of
a guardian.
Order of publication granted in the case
of Belle Dunford vs. Samuel Dunforil,
libel in divorce.
His own report as Auditor in the estate
of Susan and Charles C. McMuilen. Co®,
firmed nisi.
O'Connor Bros.
E. O. Fisher appointed guardian on
petition of Mrs. Ella Potts, a minor child
of Henry Reiking.
Licence of Henry Graffus, of Summer
hill, transferred to Henry F. Bernd.
Petition of minor children of John
i Brady, deceased, late of Johnstown bor
! ougli, to have guardian appointed.
: Thomas F. Brady appointed.
! Petition of E. O. Fisher, guardian of
Mrs. Ella Potts, for an order to sell certain
real estate at public or private sale. Order
granted.
Answer to r lie on Mrs. Bridget Woods
to show why she should not be removed
as guardian of minor children of James
Sullivan. Put on argument list.
Rule on John Thomas & Sous to show
cause why a judgment of non pros, taken
agaiHst Mrs, Jane Gahegau should not be
stricken from the record. Rule returna
ble immediately. Rule granted.
Petition of Harry M. Benshoff as Ad
ministrator to sell certain renl estate in
Johnstown. Granted.
Robert E. Creswell, Esq., appointed
Commissioner to take testimony and re
port a decree in the case of Eliza Boles
vs. John J. Boles, libel in divorce.
M. B. Stevens, Esq , appointed Com
missioner to take testimony and report
decree in the case of Gustav Burger vs.
Mrs. Burger, libel in divorce.
Robert E. Creswell, Esq., appointed
Commissioner to take testimony and re
port decree in the case of Alice Kelly vs.
William Kelly, libel in divorce.
Petition of Annie McKenzie for her ap
pointment as enmmittee of Chas. L.
McKenzie, a lunatic. Appointment made.
In the case of Samuel J. Buck, charged
with fornication and bastardy, a node
prosequi was entered, on payment o'' costs
by defendaut.
The case of tue Commonwealth vs.
Joseph Anderson, for the same charge,
was continued,
Donald E. Dufton.
Writ of partition in the estate of Jona
than Kearney, deceased, returned by the
Sheriff. Confirmed.
In the matter of Asoph W. A. Cliaplin
vs. P. Flin and others, in equity attach
ment on the plaintiff for costs.
Horace R. Roee.
Two reports of W. Horace Rose, Esq.,
Auditor in the estate of Wm. 11. Rich
ards. Confirmed nisi.
Return to an order of sale in the estate
of Peter E. Phillips, deceased, and petition
lor an alias order. Petition granted.
Frank P. Martin.
His own report as auditor to distribute
in the hands of Eben James, Committee
of Robert J. Williams, a lunatic. Con
firmed.
His own report to an order of sale in
the estate of Catharine Keelan, setting
forth that he sold the property to Richard
Howe and Patrick McLaughlin for $1,566.
Confirmed.
In tin case of Mr.ry Tearpeck vs. John
Tearpeck, libel in divorce, Robert E.
Cresswell, Esq., appointed Commissioner.
In the case of Mary Harris vs. D. J.
Harris, libel in divorce, plurius subpiena
awarded.
Return to an order of sale in the estate
of Hugh Mctilory, setting f >rth that the
right, title and interest of Catharine
McGlory was sold t > Patrick Boyle for
#1,125. Confirmed.
M. B. Stephen.
Application of the citizens of the village
of Morrellville, asking incorporation into
a borough, was referred to the Grand
Jury.
Discharge of James King as Adminis
trator of Charles E. Hallan, granted.
Ed. T. McNeeli*.
Petition of Rev. Jas. P. Tubaney in the
case of James McMillen vs. Jas. P. Ta
haney, for rule to show cause why judg
ment should not be opened.
R. K. Cremell.
His own report as Commissioner to take
testimony in the case of Catharine Statler
vs. Sanford Statler, l'bel in divorce. Re
port filed. •
TUESDAY FORENOON SESSION.
EBBNSBVRG, PA., Jnne 8, 1890.-- -Court
assembled at 9 o'clock this morning, Judge
Johnston on the bench.
The first jury trial was culled ; it was
the Commonwealth vs. Thomas A. Brown
for embezzlement. .Mr. Brown was col
lector of school taxes in Washington
township for 1889, and is charged with
having mis-appropriated about #9OO of
the money. The prosecutor is the Wash
ington township school district. The
case occupied the attention ot the Court
until noon adjournment.
TUESDAY AFTERNOON SESSION.
Court convened at 2 o'clock, Ephraira
Findley appointed guardian of John W.,
Harvey and May Edith Loughry, minor
children ofM . C. Loughry.
Louis Escher was naturalized.
The embezzlement case against Thos.
A. Brown was then lcsumbcd It was
occupying the attention of the Conrt at
3:80 o'clock when this report closes.
THE GRAND JURY.
Up to the time of this report the Grand
Jury, Adam Huebner, foreman, found
true bills in the following cases :
Commonwealth vs. Crittopher Mechlin,
seduction.
Commonwealth vs. Thomas A. Brown,
embezzlement.
Commonwealth vs. John Pfleiger, as
sault and battery.
Commonwealth vs. Maggie Miller, ag
gravated assault and battery.
Commonwealth vs. Joseph Wherry,
larceny.
Commonwealth vs. Charles Chappel and
Reuben Smith, assault and battery.
Commonwealth vs. A'ilcs Grubb, aggra
vated assault and battery.
Commonwealth vs. Joseph Donahue,
fornication ai d bastardy.
Commonwealth vs. Mary Stork, aggra
vate! assault and battery.
Commonwealth vs. Wm. Nicholson,
larcency ar,<t rcceiving stolen goo Is three
indictment!.
The following bills were iguored by the
Grand Jury.
Commonwealth vs. John Pfleiger, mur
der.
Commonwealth vs. Joseph Wherry,
burglary.
A nolle prosequi was entered to each of
the tollowiig cases:
Commonwealth vs. Julie s Kalin, Com
monwealth vs. B. Goldstein, Common
wealth vs. Chas. E. Schappire, Common
wealth vs Sylvester Cruso. Common
wealth vs. A. J. Walters, Commonwealth
vs. August Saltzgiver, Commonwealth
James NulL
WEDNESDAY SESSION.
lii the case against Thos, A. Brown for
embezzlement the jury found him guilty
in manner and form as indicted.
In the ease of the Commonwealth vs.
Maggie Miller for assault and baltery the
jury fouud lier not guilty as indicted, but
to pay one half the costs, the prosecutor.
Nicholas Wolf, to pay the other half.
In the case of the Commonwealth vs.
Joseph Wherry, for larceny of a horse be
longing to Joseph Horner, of Wil.uore,
the jury found him guilty.
In the case of Charles Chappel and
Reuben Smith, charged with assault and
batter. J. Q. A. Chappel, prosecutor, the
jury found the defendants not guilty and
that the county pay the costs. The de
fendants were accordingly discharged.
Recognizance of Edward Stork ac
cepted and filed in the sum ot #IOO to
keep the peace for one year.
The case o' the Commonwealth vs. John
Copenhaver, embezzlement was then
taken up. Copenhaver was charged with
appropriating money to liis own use while
serving in the capacity of clerk in a drug
store at Hastings. His case occupied the
attention of court till the noon adjourn
ment.
THURSDAY AFTERNOON SESSION.
On motion of Jas. M. Walters, Esq.,
Patrick Flalurty appointed guardian of
Chas. C. llecker, and Edward Flaherty
appointed guardian of Nellie O'Farn.
The case against John Copenhaver was
resumed. The books and accounts for
about five months of the business were
all presented in evidence making the
trial long aud tedious. The case was oc
cupying the attention of the court at 3:30,
when this report c'oscd.
THE GRAND JURY.
The Grand Jury found true bills in the
following cases in addition to these pre
viously reported.
Commonwealth vs James Sarver, lar
ceny. Defendant pleaded guilty.
Commonwealth vs. Stephen Suloch,
Paul Jailer, and Andrew Schonoski,
riot.
Commonwealth vs. Clement McGough,
disturbing a religious meeting. Sentenced
to pay #lO aud costs.
Commonwealth vs. Clement McGough,
carrying concealed weapons. Molle prose
qui entered on payment of costs.
Commonwealth vs. James Sarver, en
tering a dwelling house with intent to
commit a felony. Defendant pleaded
guilty.
Commonwealth vs. Bird Davidson,
murder.
Commonwealth vs. William Benouger,
burglary.
Commonwealth vs. Herman Molcn, lar
ceny and receiving stolen goods. De
fendant pleaded guilty.
Commonwealth vs. Herman Moleu, for
gery. Defendant pleaded guilty.
Commonwealth vs. John Copenhaver,
larceny and rireiving stolen goods; also
on another indictment for embezzle
ment.
Commonwealth vs James lloddie. ag
gravated assault and battery and assault
and battery.
Commonwealth vs. Michael Broderick
same charges. Pleaded guilty. Sen
tenced to pay a fine of #3O and thirty
days in the county jail.
Commonwealth vs. William Baldwin,
assault and battery. Pleaded guilty and
sentenced to pay a fine of #lO nnd costs.
Commonwealth vs. Patrick Manton and
John McDonald, murder.
Commonwealth vs. Patrick Manton and
John McDonald, arson.
Commonwealth vs. Thomas A Brown,
three charges for fraudulently altering a
written instrument.
Commonwealth vs. Thomas A. Brown,
two charges for fraudulently altering a
written instrument. Another indictment
against the same on the same charge.
Commonwealth vs. Louis Fulmer, for
nication and bastardy.
Commonwealth vs. James Morris, re
sisting an officer. Defendant pleaded
guiltly and was sentenced to pay a fine of
#lO and one month in jail.
Commonwealth vs. James Morris carry
ing concealed weapons. Pleaded guilty.
| Sentenced to pay a fine of $lO and costs.
! Commonwealth vs. Elsworth Thomas.
| criminal assault.
Commonwealth vs. Thomas McGold
crick, stoning cars. Sentenced to pay
costs and one month in jail.
Commonwealth vs. I eter McGougb,
pointing a pistol.
Commonwealth vs. Peter McGougb,
carrying concealed and deadly weapons.
Among the matters disposed of at the
call of the Attorney's list were the follow
ing :
Petition for viewers to lay out a public
road from Frugality to Asbville. J. A.
Shoemaker, Dennis Cawley, and Joseph
Van Ormer appointed.
Report of viewers on site for bridge
over the Clearfield creek in Gallitzin
township. Referred to the Grand Jury.
Report of viewers to view site for a
new bridge over the Conemaugh at Suin
rocrhill, filed and referted to Gtand
Jury.
Petition of John Gaffncy, guardian of
Peter Gaffney, to be allowed to join the
heirs in the sale of ceitain real estate.
Order granted.
Petition of Patrick McAneny to be al
lowed to join with the other heirs of Neil
McAneny, deceased, in die sale of certain
real estate. Order granted.
Jacob Singer, John S. Blougb, and S.
W. Miller, appointed viewers to locate a
new bridge over the Stonycreek between
Upper Yoder and Stoycreek townships.
MAIL AND EXPRESS FEND.
Report of the Cominitt e .Appointed to
OlHtribute It.
The Committee appointed to distribute
the Mail ami Expren* fund report as fol
lows :
We, the Cimmittee appointed to dis
tribute the Mail and Express fund, have
finished the work assigned lis. We have
labored faithfully and conscientiously to
do justice to nil. That we might be able
to do this we have spared neither time
nor labor. Going over the circumstances
of all the applicants as they gave them to
the Committee, and seeking inform ition
from others as far as our time aud op
portunity would allow, we distributed to
these who appealed to be the most
needy.
More than two thousand persons made
application and over one thousand were
granted relief. That we have made mis
takes is probable, but we are convinced
that we have done the best possible under
the circumstances. Comparatively few
of the persons granted assistance were
personally known to us, no questions
were asked as to church connection, a.id
we made eo appropriation to ourselves
or personal relatives. We have done the
work without receiviug or expecting any
pecuniary reward, and if we have failed
to do the best possible in every ease, we
mot t sincerely regret it.
Following is the summary of our
work :
The Mail and htipress tuutl
amounted to $17,>4 55
35 persons received sl6 50
each $ 5,874 00
584 persons received sl7 each 9,938 00
2 persons received S6O each... 130 00
43 rersons receivedsßo each.. 1.360 00
69 persons received $lO each.. 690 oo
6 persous received $7 to sls
each so 00
Expenses —stationary and
postage 33 55-$17,H74 55
Number or persons aided, 1,059.
[Signed] DAVID J. ISKAI.E,
JAMES P. TAHANEV,
HENRY 1,. CHAPMAN.
ANOTHER BODY FOUND.
The Search Force Uncovers Another Flood
Victim Yesterday.
Yesterday afternoon a body was found
near the abutment of the Point bridge in
the Conemaugh River at the south
edge of tlie stream. It was discovered by
Srnay's force of searchers for the dead.
Word itas sent to the morgue authorities,
and a wagon was sent for the body. It
was taken to the morgue, coffined and
buried, as all that are found now are.
The description is as follows: 549, male,
height about six feet, black vest, pahts
and coat, white or gray knit underwear,
gray or black socks, about No. 8 Congress
gaiters, black or brown derby bat, p ick
etbook containing a quarter, a dime and a
nickel, small biack-handJc knife.
Don'ta For Men.
Don't cnTry valuables in youi outer
coat.
Don't make too great a displny of your
jewelry.
Don't go into a crowd with vour outer
cont unbuttoned.
Don't forget that you are just as likely
as anybody else to be the victim of pick
pockets.
Don't carry money in the pocket on the
right-hand side of your trousers; pick
pockets expect to find money there.
♦ ♦
Married anil Departed in Haste.
WASHINGTON, Pa., June 5.—A young
couple, W. M. Barhour, of Hanover town
ship, and Miss Clara A. Shumnker, of
Bedford county, did some active moving
about here yesterday in order to get mar
ried and catch a certain train to their fu
ture home in Hanover township. 'Squire
Donahoo was not in his office. The im
patient young people waited for some
time, but finally become so restless that
they went to the 'Squire's house, where
tha ceremony was performed. They
had nine minutes in which to make the
train, and succeeded in doing so.
NO. 7
FOUND IX THE RIVER.
A MAN'S UOIJV IMSCOVKKED IN THE
CONEMAI'OH I. AST EVENING
A BOUT EIVE O'CLOCK.
Jeremiah Lynch, uf the Fourteenth Ward,
Found Ocnd in the Klver, After an Ab
sence of Several Days—No Alarm Be.
cause He Was Thought to He Out of
the City.
Jeremiah Lynch, a young man, of tho
Fourteenth ward, formerly Mintrsville,
after having been at work during last
Monday, accompanied an acquaintance
to the Pennsylvania Kail road Station,
about 5 o'clock in the afternoon, who
took the train. Since then his friends
have heard nothing of h'm until his dead
body was found by Mr. James Dyson last
evening about 5 o'clock in the river, a
short distance above the site of the old
bridge connecting Millville and Cambria
borough.
At 11 o'clock Monday night he was
seen in a house on Iron street, and at a
later hour he was in the Company's water
closet, where at a still later Lour his hat
was tound. It was but a shot t distance
from this place that his body was recov
ered. At this same place about seven
years ago he met with an accident on the
Cambria Iron Company Railroad by which
he lost one of his legs.
The fan ily were not alarmed at his ab
sence from home, thinking that, he had
goue to Pittsburgh to get a new artiticial
leg, which he had ordered some time ago,
and which was supposed to be ready for
him. And the first information they re
ceived was fie intelligence of the finding
of his body last evening.
He was born in Wales of Irish parents
twenty-six years ago, and the family came
to this place when he was aged five years.
His father, Michael Lynch, died nearly
three years ago. For many years the sub
ject of this notice worked in the rail de
portment of the Cambria lion Company
under T. P. Keedy, and was an indus
trious and inoffensive young man, having
many friends in this commnnity.
He is survived by ids mother. Mrs.
Bridget Lynch, two sisters, Mary and
Kate, .xnd a brother, Michael, who reside
in the Fourteenth ward, and by two broth
ers, Daniel and John, who are at Port
Royal. South Carolina.
REFUSED A NON SUIT.
Jurtg White Wishes to Hear all tie Kvi
•lpucc,
The evidence on belialt of the plaintiff
in the suit of Tarbell against the P. R. R.
was all in tuis morning and counsel an
nounced that t'lcir cae would close.
The attorneys for the railroad at ouce
moved the Court to enter judgment of
compulsory non-suit for the following
reasons :
First—That no evidence had been pro
duced showing that the railroad company
had not taken every reasonable precau
tion and exercised the best care to pro
vide for the safety of its passengers.
Second—That no negligence has been
si own.
Third -That the place at Conemaugh
where the two sections of the Day Ex
press were located, was considered by all
to be tlie safest that was then within the
reach of the Railroad Company.
Fourth —That the fiood was a visitation
of Providence, and was of such an extent
and so enormous that neither human
judgment nor the best of care could either
anticipate or provide against it.
Judge White heard the application and
stated at once that he would ret use the
uou-suit, as he preferred to hear all the
evidence in the case before deciding the
questions raised in the motion. The trial
then proceeded.
FIVE IN FIVE HOURS.
LigKtuiiiK Divorces In Indiana County,
Granted ly Judge Harry White'* Sub
stitute.
INDIANA. PA., June s.— Don't quote
lightning Cuicago divorces to Indiana
any more. On Tuesday Judge Bacr, of
Somerset, held court for Judge Harry
White, and inside of five hours granted
five divorces. The causes for connubial
separation were principally the " old, old
story " —incompatibility, desertion, loved
another girl over the hill, and grew in
fatuated with a handsome man, and also,
naturally, " undue intimacy with some
one in the marriage bans."
Another Drowning.
A son of Mr. Anthony Conway, of
Morrellville, was drowned in the river,
opposite thj Johnstown Manufacturing.
Company's brickyard, on Wednesday
evening. In company with several ether
boys of about his own age—nine years—
he was taking a bath, when after swim
ming across the river, he lost control of
himself by diving after a mouth organ
that he had dropped. In a short time he
was drowned, and by dragging the river
for half an hour his body was recovered
and taken to his home in Morrellville.
The funeral will take place this morning
at 9 o'clock, where interment will be made
in tlie Lower Yoder Catholic Cemetery.
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