The citizen. (Honesdale, Pa.) 1908-1914, October 26, 1910, Image 1

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    THE WEATHER On Wednesday fnlr ivcnthcr and slowly rising tempcrntiircs will prevail, with light westcrlywlnds.
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Wayne CouJOraan
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REPUBLI
PARTY 5
t j
67th TEAR.
HONBSDALE, WAYNE CO., PA., WEDNESDAY, OCTOBER 26, 1910.
NO 85
IN THE COURTS
T
She
KE
SI
s
WHO
AND
W
JURORS
BUSY
GUAM) JURY INDICTMENTS
MAKE LOTS OF WORK FOR
JUDGE, LAWYERS AX1) Jt'll
OKS RIG INCREASE IX CR1M
IXAIj CASKS.
The grand Jury met Monday after
noon of last week at 2 o'clock,
Judge A. T. Searlo presiding, with
the other officers in their respective
places. All constables, with the ex
ception of Charles Wood, Bethany,
appeared and made their returns.
The court commended the constables
on their report of sign boards.
The following grand Jurors were
excused: Elmer Bell, Maplcwood;
Scott L. Eck, White Mills; Andrew
Melions, Scott, and W. A. Qulnney,
Hawley.
The court organized the Jury by
appointing Frank Farnham of Hones
dale, foreman and G. W. Collins,
of Cherry Ridge, constable. The
constables who will wait upon the
court this week will be C. A. Dan
iels, Paupack; J. I. Sherwood, Pres
ton; A. 13. Walkers, Salem.
John M. Flanagan vs. Mary Mc
Dermott and others. Taken as con
fessed. Chester A. Garratt was ap
pointed master.
In the matter of South Canaan vs.
Jacob Raclit, Sr., and Jacob Racht,
Jr , the bond of the Wayne County
Savings bank as trustees, approved.
Monday, Nov. 14, at 2 p. m. was
fixed as time of hearing for guard
ian of appointment for R. Ann Ab
bey, a feeble minded person.
On petition William Doud was ap
pointed Judge of election for Way
mnrt borough.
Lake Lodore Improvement com
pany vs. John Sensenstein. Permis
sion was given defendant to file ad
ditional answer to petition and rule
for issue.
In the case of Commonwealth vs.
Levi Williams, the court sentenced
the defendant to pay the costs of
prosecution and $4 per week to his
wife, Hattio Williams. Defendant's
recognizance in the sum of $200
was taken, acknowledged and sub
scribed. Owing to the unusually large
number of criminal casesi to be .tried
this week, all civil cases will be con
tinued until January term of court.
The following true bills were
found:
Com. vs. Samuel X. Reed. First
count, murder. Second count, man
slaughter. Com. vs. Leona Lord. First count,
murder. Second count, manslaugh
ter William Lord prosecutor in both
cases.
Com. vs. James Manley. Cruelty
to animals. J. L. Sherwood, pros.
Com. vs. Allan Bodle. Assault, and
battery. Osmar Xield. pros.
Com. vs. Joe Kowash. First count
attempt at rape. Second count, as
sault and battery. Fred W. Short,
pros.
Com. vs. William Rellley. Rob
bery. Charles L. Hulse, pros.
Com. vs. Joe Kelly, Lewis Dexter,
William Reilly. Oliver Wright and
Chauncey Tyler. First count, break-
Inc and entering a car with intent.
Second count, larceny. Third count,
receiving stolen goods. G. R. Ralph,
urns.
Com. vs. Henry Thompson. Same
charge. A. Thompson, pros.
Com. vs. Luke Richardson. Per
lurv. Edward J. Richardson, pros.
Paul Shudis, George Adanalte and
Samuel Powell. 1st, robbery; 2d,
larceny from person; 3d, larceny.
Herbert Smith, pros.
Com. vs. Mortimer Arnold. Deser
Uon. Augusta K. Arnold, prosecu
trlx.
Com. vs. Paul Shudis, George
Adainaitie and Samuel Powell. 1st,
rint- 2d. assault and battery. Her-
liprt Smith, nros.
Com. vs. Thomas Edsall. lBt,
lirenklnu and entering; 2d, larceny;
3d. receiving stolen goods. Her-
mnn Cole. nros.
The crand inquest finds the
rnnf of the court house to be in bad
condition, and that it should be cov
ered with a coat of asphaltum or as-
ViPKtns cement or naint, also mat uiu
bell rope should be arranged so that
the Janitor can pull the same without
climbing the dark and dangerous
-stairs leading to the belfry. We also
.find upon examination of the Jail
that the walls need a coat of White
rinnU recommended as the best In
place of white wash; also that hot
water should bo introduced into tho
inn i.nilfi nc from tho not water ays
om in the Sheriff's house. Wo also
find that tho following articles are
needed In the Jail: 3 cots, 2 cuspi
dors, some towels, 3 chairs, and some
tobacco.
Tim poro of the Commonwealth
vs. Henry Thompson charged with
breaking into a D. & H. car, and
tnkinir heer liolonElnc to the Standard
Brewing company occupied most of
the Tuesday morning sessions.
Henry Hall, Edward Schmuck. Chas.
Hall, William Roberts and Joseph
Westbrook testified. Sovoral of tho
-witnesses described tho events fol
lowing the commission of tho alleged
crime, and of how they went and
notified Nixon and Detective Spen
cer, tho last named of whom caused
tho arrest. A. T. Thompson, of tho
car police department, testified of
tho investigation ho made. William
Walters, tho agent stated that on
September 20 several cases were tak
en. In all twelvo cases and one
ciuartor were removed from tho car.
Tho total cost of cases and beer was
said to bo $18, an Interesting feature
M w C.t.i Strugglo for supremacy In baseball between Chicago Nationals and Philadelphia Americans was witnessed by many thousand
newo onap-IlUlS "fans." Tho death of author of "Bnttlo Hymn of tho Republic," Julia Ward Howe, la mourned by nation. The Washington
Of the Week society season opened with usual brilliancy under tho guiding hand of Mrs. Tnft. Tho "height" of ex-Presldcnt Roosevelt's
VI mc f m career was reached when he went up In nn aeroplane nt St. Louis with Aviator Hosxy. Walter Wellman's attempt to cross
Atlantic In nirshlp with crew of five unsuccessful; after traveling 1.00S miles was picked up by steamship Trent off Bermuda. Former Governor DaTid
B. lllll, Democrat; of New York died. "Grand old man" of Russlu, Count Leo Tolstoy, author, is seriously 111.
of the testimony being that the cases
wero worth more than tho beer.
N. B. Spencer was called to tho
stand, and stated that he was the
constable and detective for Hones
dale. On September 25 ho arrested
Heury Thompson. Word was
brought to him that a car on the D.
& H. was broke In, and he was asked
to watch for the man. He was call
ed up on the 'phono and told that a
man was seen coming out of a car.
He went down the track, found tho
man in a shack alongside the river,
and arrested him. He also said that
ho found forty or fifty bottles in a
barn. Ho found a rusty spike in
tho pocket of tho man. On cross-examination
it was brought out that
beer was sold near a certain barn,
but Mr. Spencer said he wasn't there,
and that he saw no drinking going
on there.
Henry Thompson, the prisoner,
was called and testified: "I came to.
Honesdale Sunday 3 p. m. I walked
up from White Mills. I had lunch
with' me. I went down, there and ate
lunch'where I was arrested. I went
over on the road to get a drink of
water at a house, and saw several
follows playing cards. Later, he said,
he went down tho track, and saw
some follows playing cards. He went
over tho river and half an hour later
a farmer grabbed him, and said, "Get
up, 1 want you!" He was on his way
to Susquehanna he stated. He ad
mitted halng a wife and three chil
dren, and denied that he was a pro
fessional tramp. He said he did not
break Into the car, nor throw a bottle
of beer away. On cross-examination
he said ho never was in Honesdale
before. He bought his lunch In
White Mills Saturday night for twen
ty cents consisting of a loaf of bread
and cookies. He stayed over night
in a glass factory at White Mills. He
had no watch with him. He came
to Honesdale quite a while after din
ner. After eating lunch alongside
tho river he lay down. He came, ho
said, from Port Jervis to Hawley and
from Hawley to White Mills. Ho
said he never worked at Port Jervis,
but that he worked on a farm in
Union for twelve years. Ho quit
work a month ago. His wife Is In
Union. He was on his way, ho said,
to Susquehanna to get work in tho
shops. He said ho did not talk to
Mr. Thompson after his arrest. He
worked for a Levi Van Eckel at
Union, his wife and family living in
a tenament house.
Mr. Thompson was called to tho
stand in rebuttal, and told of conver
sations he had with the prisoner.
According to him, the defendant said
he worked in the Erie shops; Jived in
Port Jervis and had a wife and chil
dren living on Garden street. Spen
cer and several other witnesses heard
tho conversation.
On cross-examination It was
brought out that tho defendant was
sick at tho time of tho conversation.
The testimony of Mr. Johnson
brought out tho fact that there was
no Garden street In Port Jervis, and
that the name of tho master-mechanic
in tho Erio shops was not Mr. Craw
ford, as tho prisoner said, but C.
James.
When questioned by Judge Searlo
as to why ho had a spike in his pock
et, the prisoner answored that ho
used it to take a piece off the heel of
his shoo. He said also ho was sick
in Jail last Monday when a stranger
came to seo him,
R. M. Stocker, Esq., attorney for
tho defendant and District Attorney
M. E. Simons then addressed tho
Jury, Judge Searlo delivering tho
charge. In charging tho Jury tho
Judge spoko of tho seriousness of the
offense; of tho loss to tho company,
and tho annoyance of making claims
which shippers must make and which
tho railroad company must pay. Ho
defined larceny and told tho Jury
that It was for tho Jury to find tho
defendant guilty or not guilty, and
that they had nothing to do about tho
costs. Tho Jury was then excused.
Tho Jury in tho caso of tho Com
monwealth vs. Joseph Kelly ot al.
was called. It was mado up of these
Jurors; Grlllln Dumond, Frank War
field, John Lynch, O. E. Burrus, Geo,
Brvant. J. A. Stevens, G. Schweslng-
er, Plerro Petersen, Jeff Kovort, J.
Keller. M. W. Fltzpatrick, siarvin u
Hall.
(Continued on Pago Eight.)
IS ARRESTED
41
on Charge of John
ner-
E. A. Van Valkenburg, editor cf the North American, was
arrested on Monday on a charge of -criminal label upon an af
fadivit made by John K. Tener, Republican candidate for Gov
ernor. Van Valkenburg will have a hearing on Friday before
a magistrate. In Mr. Tener's alTadavit Van Valkenburg is
charged with printing and publishing wicked and defamatory
libels of and concerning said Tener, containing false, scandal
ous, wicked and malicious matters and statements. Van Val
kenburg will now have to prove his statements or suffer the
consequences.
John K. Tener, Republican nominee
for governor, in a frank and manly
statoment, has met tho attacks of his
political opponents and given a com
plete answer to every Insinuation that
has been mado in tho Journalistic as
sault upon his character.
Ho has demonstrated that his con
nections with the companies in ques
tion havo been straightforward and
honorable In every way. He has told of
his exact relations with tho Utilities
enterprise, which ho bellovod when ho
bocamo Identified with it It was a
fcasiblo project, and ho holds that
is still a fact, and ho has proclaimed
that ho la ready to pay In full any
amounts that may havo been paid Into
tho company for stock, purchased bo
cause of his connection with tho cor
poration. Tho attompt to discredit Mr. Tener
because of his relations with an In
surance company that has also been
mado an Issue in tho state campaign
was upon tho fnce of It so palpably a
political trick that no ono took It sort
susly. Mr. Tenor points out that this com
pany has boen a success from tho
start, and that ho Is still interested In
It financially.
Mr. Tener brands tho attacks upon
him as unwarranted and malicious,
and in view of tho rumors that havo
boen put In circulation by a cotorio of
politicians, to tho effect that he Is to
bo arrested, Mr. Tenor boldly dofilea
thom to carry out their plot.
W. L. Chrlsman, who is now presl-
dont of the National Public Utilities
company, when shown Mr. Toner's
statemont, said: "It fully covers tho
situation."
Mr. Tener's statoment reads as fol
lows: Statement of Fact.
"Ordinarily I would pay no attention
to the falsehoods that havo been ut
tered by an untruthful newspaper, but
It may bo that some fair-minded men
havo boen misled by tho way facta
havo been distorted, and for this rea
son, and for this reason alone, I de
slro to make a short statement which
covers my position.
"In December of last year I was vis
ited in Washington by William L.
Chrismau, Esq., an attorney of Phila
delphia, an.d F. L. Smart, who ro
gjiosted iqo to. become president of tho
ygs Editor and
e North Ameri
for Criminal
National Public Utilities Corporation.
I had favorably known Mr. Smart for
sometlmo, but not knowing Mr. Chris
man mado inquiry and learned that ho
was a lawyer of excellent reputation
and with good business connections. I
also lcared that other reputable men,
Goneral Russoll Thayer, Colonel Will
iam Bender Wilson, Joseph S. Mack,
Frederick S. Schoff, William B. Mar
gerum and Simeon Merrill, woro di
rectors. "I was also informed that tho com
pany had been Incorporated according
to law, was proporly organized and
could legitimately carry on tho busi
ness for which It was intended, which
was tho building of a railroad from
Astoria to a point beyond Seasldo in
tho stato of Oregon. I also made In
quiry of those believed to bo familiar
with tho locality as to tho practicabil
ity of the enterprise After this I
concluded to accept tho presidency and
served In that olllco, and as director,
during tho first quarter of this year,
but as my labors In congress were
dally Increasing, bocauso of important
legislation thon pending, which requir
ed practically all of my time, I re
signed from tho company.. For some
reason or other my resignation was
not accepted at tho time I tondered it,
but I received no salary as president
excopt for tho months of January and
February, although entitled to tho sal
ary for March.
$60,000 par value of tho stock was
sent to mo and I immediately return
ed it with a lotter stating that I
would not accopt It as I had not earn
ed it and was not entitled to it. A
little later $20,000, par value, of the
stock was sent to mo, which I also re
turned for tho samo reason.
A Feasible Project.
"I bellovod tho object of this com
pany to bo logltlmato and notwith
standing tho vicious attacks which
havo been mado against it I am not
convinced to tho contrary, and today
am of tho opinion that it could bo
successfully carried out Charles N.
Bennott, a civil engineer of high ro
puto In his profession, whom I sent to
Oregon on my election to tho presi
dency, reported favorably upon It and
within a week passed has rolterated
that opinion, and has statod that If
eastern capital could not bo had to
carry tho work through local capital
thero could bo had to do It. I be
lieve that tho worst blow tho stock
holders of this company havo re-
celled is the result of unwarranted and
' malicious attacks through the columns
ot this hypocritical newspaper.
"I never promoted the National Pub
lic Utilities Corporation; was not a
participant in its promotion; novor
sold any of its stock, or solicited any
body to buy any of Its stock. My con
nection with It was entirely honorable
and straightforward, as I havo above
described.
"I am lnrormed that about $30,000
In cash (not nearly $2000,000 as pub
lished) have been paid to tho company
for stock, and to show that I do not
wish to ovado any responsibility in
tho mattor, If any man, relying upon
my being president, or upon my name
bolng used in connection with this
company during the time I was presi
dent,- presents proof to mo that ha
purchased any of tho stock and paid
cash to tho company I will tako tho
stock from htm and glvo him exactly
what he paid for. it In cash.
"Whatever has boon done by this
company as respects tho taking over
of any othor or subsidiary companies
or enterprises, was beforo my connec
tion with It, ,and with which I had
nothing to do, but I bollove, and had
the right to believe, from tho charac
ter of those who wero in control, and
from my investigation, that all had
boen proporly and legally done.
"As to Messrs. Bromley and Halnos
I novor heard of them until I be
came connected with the company and
not until the mattor was exploited by
yollow Journalism did I over hoar any
advorso criticism affecting' them.
A Successful Company.
"Concerning my connection with tho
Security Life and Annuity company,
with others I sold my stock some
years ago and soon after, at tho re
quest of tho company's president, Mr.
W. O. Johnson, of Chicago, I again bo
came a member of its board of direc
tors and still sorvo in that capacity.
Tho company Is and always has beon
eminently successful.
"In vlow of the scurrilous attacks I
believe it to bo no moro thnn Just to
myself, as an assurance to tho peoplo
of my business integrity and ability,
to say that I am now nnd havo been
for twelve years president of tho First
National Bank of Charlorol, Pennsyl
vania; I am now and for several years
have boon secretary and treasurer of
tho Charleroi Savings and Trust com
pany, nnd I havo several other busi
ness connections all prosperous all
woll managed, and all havo tho con
fidence of every ono connected or hav
ing to do with them.
"I know that certain interests aro
striving to Induce some ono to bo the
'tool' to Issue (for political effoct) a
warrant for my arrest. For tho propor
condemnation of such conduct I con
fidently appeal to tho sense of fair
play of tho electors of Pennsylvania
nnd challenge my detractors to pro
ceed. I court any Judicial investiga
tion, for I am ready to moot any and
all accusers In a court of Justico In
stead of trying to answer hidden foes
who aro straining every point to ac
complish, for political purposes, my
business and political ruin."
.tetter Tag Your Dog.
Hunters taking their docs Into
tho woods during tho coming sea
son without having them tagged
with a 1910 dog tax, will havo thom
shot, according to advices received
from Josoph Kalbfus. secretary of
tho Pennsylvania Stato Gamo com
mission. Tho ruling of tho gamo
commissioner Is that under tho act
of Juno 1, 1907, all dogs aro re
quired to wear a tag attached to
their collar showing that tho tax for
that year upon snld dog has beon
paid, also the namo ami address
of the owner In plain English. If
tho owner of tho dog does not com
ply with theso requirements it Is
to be tho right nnd prlvllogo of all
gamo protectors, or any constauio,
to kill theso dogs when off tho land
owned or controlled by tho ownors
or such dogs.
IS W. H. BERRY?
CITATIONS FROM THE CANDI
DATE'S l'CIJIilC ACTS AM) UT
TERANCES THAT FORCE THK
ALARMING QUESTION: IS II K
"SAKE AND SANK" FOR FU
TURE OFFICIAL TRUSTS ? V ?
Chester, Pa., Oct. 12, 1910.
President Lincoln once remarked
that tho people may be fooled part
of the time, and Showman Barnum
observed that most people like to
be humbugged! Upon this hypoth
esis, or these presumptions, it would
seem, tho familiar and picturesque
William II. Berry has trusted his
political fortunes.
In Chester, the home of Mr. Ber
ry, where best known, he is regard
ed from two points of view: As a
private citizen, highly esteemed; as
a politician and self-assumed "re
former," not taken seriously, but
charitably and considerately passed
as unfortunately absorbed with a
chronic craze for public laudation
and public office.
Lust for Public Life That Lured to
Political Failure.
In his earlier career William H.
Berry was successful as a mechanic,
and as subsequent patentee or con
troller of patents, he was fairly
prosperous. But the tragedy of Mr.
Berry's life began when he became
imbued with the notion that he was
fitted for politics and official func
tions. Nature had endowed the
gentleman with a prepossessing faco
and figure, of which gifts he was
conscious, and his penchant follow
ed to court the admiration of audi
ences by studied attitudes and pos
Ings, and flights of oratory.
But through all the efforts of Mr.
Berry to attain celebrity, his dema
gogic flauntings In the name of "re
form" left an underlying impress
upon tho public. He lacks mental
equipoise; he exercises a too-egotistical
opinion of self, and undue evil
regard for his fellowmen; ho looks
at life through a clouded vision, and
develops only In brainstorms and
fanaticisms.
In quest, of political honors, Mr.
Beiry has. for years been an ever
ready candidate for office. It is
alleged that whilst a Democrat, un
der the Influence of his employer, ho
first ran for "Burgess of Eddystone,
on a Republican ticket, to help de
feat his own party's nominee. Then,
in turn, Mr. Berry carried the ban
ners of Greenbacklsm, Blraetallsm,
Prohibltionlsm, then the Demo
cracy. After his recent desertion
of the last-named party, he nego
tiated by letter with the proposed
new American Party of Pittsburg to
be its candidate for governor, and
when that scheme failed, Mr. Berry
cried aloud to become the standard
bearer of the new Keystone party,
which was created by a drummed-
'ip representation In convention, not
all of the counties taking part. In
other words, and old. or new, or
nondescript organization has been
acceptable to Mr. Berry for the ex
ploiting of his pyrotechnic reforms"
and the periodical, candidacies of
himself.
Chester's Sorry Experiences With
Berry as Mayor.
After long and vain efforts for
election to public office, It was
lucky chance and circumstances that
finally mado William H. Berry
Mayor of Chester In the spring of
1905. Tho city had been overruled
by an unscrupulous political ring,
and independent Republicans united
with tho Democrats In a Citizens
party for municipal betterment. Tho
nomination for Mayor was tendered
several popular citizens of Integrity,
and singularly all declined. Then
tho irrepressible Mr. Berry was urg
ed by his compeers, and Berry, at
last, won tho nomination ' and elec
tion by 00 majority.
It Is duo to accord that Mayor
Berry accomplished ono reform
whilst executive he stopped, under
public demand, policy playing In tho
city. But In other projects of re
form he proved but as sounding
brass and tinkling cymbals. Ho
made noise and. display, and trlval
arrests that served only to indlcnto
administrative action. It this city
of 40,000 population, for Instance,
Mr. Berry ordered all hotels to bo
closed at 12 o'clock midnight, dis
tressing travelers who arrived on
late trains and, in part, ho "fenced
In" tho town..
But there developed in other im
pressive ways that tho citizens of
Chester had taken Mr. Berry too
literally in his anti-election declara
tions. Thoy learned tho meaning
of political whlted sepulchres of
modern times. Mr. Berry had given
assurances that ho would servo as
Chester's Mayor, If elected, yet
three months after his Induction Into
office (unllko Mayor Gnynor, of New
York, who declined to desort his ob
ligation for a gubernatorial nomina
tion) Mr. Berry Jumped at a State
Treasurorshlp candidacy. At ouco
ho started a "stumping" tour of four
months, his Mnyoralty responsibili
ties placed In storage, but meantime
with punctunltigulnrlty drawing his
salary for nayoralty services not
rendered.
Another nntl-olectlon pledgo of Air.
Berry, if honored with olllco, was to
devote his salary as Mayor to tho
good of tho city. Repeated demands
woro subsequently made in tho lo
cal prints that tho Mayor should
(Continued on Second Pago)