THE CITIZEN, WEDNESDAY, JANUA1SY 25, 1011. 1 CENT A WORD COLUMN! HONESDAIjE XATIOXAli DANK stock for sale. Inquire at Allen House office. It AIAVAYS offering bargains. ?G1 value, yours for $20. $30 Edison phonographs and GO records. Mc Intyre. 7eol2 WANTED V girl. Krantz, Smith & Co. 612. VOli KENT 7 rooms and bath, gas and furnace. C1G Church street. Inquire at house. FOK WALE Kelly & Stclnman brick factory building, including en gine, boiler and shafting. Inquire of J. B. Koblnson. 50tf. A $25.00 sewing machine, all attach ments. Used short time. Fully warranted. Now ?10. Mclutyre We print letter heads, statements, posters and all other kinds of print ing. Our prices are right for first class work. We have new type and turn out work on the quickest notice. Call and see us. TWELVE muslin trespass notices for J1.00; six for seventy-five cents. Name of owner, township and law regarding trespassing printed there on. CITIZEN office. A SIX Octave, Chicago Cottage or-! gan. Walnut case. High top and 1 mirror. Time conditions $00. Mc Intyre. 7eoI2. LOCAL MENTION. Scrantonlans in Honesdale over Sunday were L. D. Rock, F. L. Smith, E. A. Hawley. The jurors on the Lord trial drew ?4S0 for their pay, exclusive of traveling expenses. Morrison & Canlvan have placed a new furnace in U. S. Beer's resi dence on Fifteenth street. The Seelyvillo Basketball team will play the White Mills Stars at White Mills next Saturday. D. James Colgate, Hawley's ef ficient postmaster, has been reap pointed by President Taft for four years more. Pearl Van Gorder and Leonard Roegner are now Mr. and Mrs. Leon ard Roegner and live on West street, between Thirteenth and Fourteenth. Alex Voigt has become a Havv leyito again, having removed to that borough lately. His children are all there and his desire Is to be with them. Hon. H. C. Jackson has been ap pointed on the following very im portant committees: Agriculture, Printing, Corporations, Public Build ings and Public Roads. .Frank Voltalr, superintendent of the National Elevator and Ma chine Company's Works, has ten dered his resignation to accept a position with a large manufacturing concern in Chicago. Ex-Commissioner James Keen, of Keene, is now a great grand-father. Mr. and Mrs. Elmer Spear, of Unionvllle, Connecticut, his grand children, having been blessed with a nice little boy. Hurrah! The freshman class of the Honesdale High school conducted an elaborate social at the High school building last Friday night. A first class program was enjoyed by about fifty young people. Games were played throughout the evening. Dates for state medical and dental examinations have been fix ed as follows: State Medical Board at Philadelphia and Pittsburg; State Homeopathic Board at Philadelphia, and State Eclectic Board at Harris burg June 27 and 30; State Dental Board at Philadelphia and Pitts burg, June 11 to 17. A special car arrived over the Erie at 3:15 Friday afternoon and left for Carbondale on tho D. & II. railroad. Several Erie officials wore aboard, D. V. Owens, superintendent of Maintenance of way; A. F. Trim ble, division engineer, and Frank Skinner, supervisor, and several oth ers. There was a minor abroad that tho Erie and D. & H. were go ing to run coal via Honesdale again, but this was denied by the officials. William L. Ferguson, who has 'been confined to his bed for over six weeks, owing to a fall on the Ice which cracked the socket joint of his foot, is improving. Although 93 years old, his eagerness to be up and doing is just as intense as that of a young men. He expects to bo sitting up this week, although ho is weak on his feet. His mental strength and brightness has not di minished anl his ability to attend to any business that does not re quire manual labor is just as good as ever. There is desire being expressed by some of the baseball enthusiasts to form a baseball league to take in Hawley, White Mills, Honesdale, Lake Ariel, Waymart, Aldenville, and Pleasant Mount. With six good teams, a league could be organized that will give us good games every Saturday. Why not make a call for representatives from theso places to meet and talk tho matter over. Send In your communications to THE CITIZEN and we will arrange a meeting. Aldenville has already been heard from. Friends of tho administration have made it known in an emphatic manner that President Taft Intends to stand for renomlnation in 1012. They expect Mr. Taft will have the support of Col. Roosevelt. The Presi dent is now In an optimistic framo of mind, and looks forward to a Repub lican victory In 1912. A few weeks ago the situation did not look prom ising to tho President. Ho believed that tho November defeat presaged another disaster in the national cam paign to follow. Even at that time the President is known to have told friends that ho will accept tho nomi nation, even in tho face of certain defeat, if the convention places the standard In, his hands. Tho case of Anna May Fives by her father and next friend, Win, 13. Fives and William B. Fives vs. Auto Transportation Co. by agreement of counsel was continued until March term of court. PERSONAL MENTION. A. C. Andrews, Ariel, spent Sun day in town. Einmctt Browning has returned from Rowlands. Rev. Geo. S. Wendell Is spending several days in Philadelphia. j Adam Burch, Goshen, N. Y., made , a short business trip Friday. Patrick Langan, Reading, trans acted business here Friday. Mrs. Clarence Bodle Is seriously 111 at her home at Clark's Corners. Mrs. Arthur Williams, Nanticoke, Is visiting relatives and friends in Honesdale. Miss Louise Ball, Carbondale, passed Sunday with F. P. Kimble and family. Mrs. John D. Weston and .Mrs. Josephino Whitney are visiting in New York city. Mrs. Leah Stevens and daughter, New York, are the guests of Mrs. William Kessler. Mrs. John Brown, Gryon street, Is entertaining her sister. Miss Mame Downing, Haines. .Mrs. Mathey has returned after enjoying an extended visit with rela tives in Boston, Mass. Mrs. John Kimble, Towanda, is spending the week with her parents, Mr. and Mrs. C. E. Van Horn. E. I. Dibble spent Wednesday 1th his parents, Mr. and Mrs. A. V. Dib ble, East Windsor, N. Y. .Miss Susan Brown is attending her grandfather at Pink, who has been seriously ill for the past three weeks. Miss Alice Gregory, a High school teacher, spent Saturday and Sunday at the home of her parents, in Proinpton. Charles Maloney, who was Injured January 1, by falling down a flight of stairs at his home, is able to bo about again. Miss Margaret Hagen Is attending to her duties as chief operator for tho Bell Telephone company, after spending several days with her sis ter at Trenton, N. J. Conductor Charles Lord, of the Erie passenger train, left Thursday night for Elmira, N. Y., to attend the funeral of his mother, who died Wednesday. Conductor Daniel De vers, Port Jervls, is filling Mr. Lord's place. NECROLOGY. Death of Frederick (J. Tuohey. Frederick G. Tuohey, a former employe of Durland, Weston Co., died on Monday evening at his home on Eleventh street, opposite tho Ele vator works. He had been ailing for some time and hnd arranged to move to Bingliamton with his fam ily but death Intervened. His. body will be taken to Bingliamton for in terment on Wednesday. Dr. J. Wilson DeWitt died at his home in St. George's, Del., Jan. 22, 1911, of general debility, aged 70 j'ears. During the Civil war he I served as assistant surgeon of Co. i M, 17th Pennsylvania Cavalry, a Wayne county organzation from April 10, 1863, to June 20, 18G5. The regiment was commanded, for a portion of its term of service, by Col. Coo Durland, of Honesdale. S. T. Palmer Dead. S. T. Palmer, who was the Erie station agent at Hawley for thirty years, died of acute Indigestion on Sunday at Taylor while on a visit to his daughter, Mrs. Evans. Mr. Pal mer had been troubled with stomach distress for many years and thought that he had overcome his trouble. Ho purchased a Oarge farm near Bingliamton, N. Y., resigning his po sition with the Erie railroad whose employ he had been In for over forty years. He had determined to take life easy and enjoy a well-earned rest, when the call came to him to depart. He was thrice married. His last wife, who survives him, was for merly a Mrs. Gllllspio of Erie, Pa. Several chldren also survive him. Dentil of Daniel I SliiIiam. Hawley has suffered a loss In tho death of two of her prominent citi zens. Daniel Bingham, who was one of the leading insurance agents in this section, died on Sunday, Jan. 22. He was born in 1845 In New York State, and camo to Hawley in 1848. In 18G7 he was married to Mary A. Ammerman, who died in 1891. They had five children, two of whom aro living Judson, who lives at Streator Illinois, and Mrs. C. M. Potter, Dun more. In 1882 Mr. Bingham married Miss Jennie Hurd of Cherry Ridge, who survives him. He was a practi cal wood worker and for many years was in the emply of B. F. Wood, whose wood-working factory was sit uated at the place which Is now known as Industry Point. Ho was in partnership In tho Insurance business with Ray Wall at Hawley. Death Of Mrs. Anna Wiunacott. Death Thursday evening at 7 o'clock claimed one of Honesdale'a best known and esteemed residents, Mrs. Anna Wlnnacott, of Main street. Mrs. Wlnnacott had been in 111 health for several weeks but her many friends were not prepared for the shock which tho news of her death caused. By nature broad and gen erous in her views and unsparing in her energy to do good for others, Mrs. Wlnnacott during her many years' residence In Honesdale, made her kind personality felt In many hearts and homes. The deceased was born in Honesdale G4 years ago. She was a member of tho well known Maloney family and was .an active worker in tho Baptist church. The funeral services were held Sunday at 2:30 o'clock with services at tho residence on Main street, by Rev. George S. Wendell, Interment was made In Riverside cemetery. She is survived by two daughters, Mrs. C. L. Dunning and Mrs. Charles IIei;gott, both of Honesdnlo, and a son of Stroudsburg. (Continued From murder, therefore, It must appear with malice either expressed or im plied. A person cannot be convicted of murder of tho first degree unless tho Jury find that the murder was "wil ful, deliberate and premeditated." Theso aro the words of tho Act of As sembly we have referred to. This Act also refers to murder perpetrat ed by poison, or by lying in wait, or In the perpetration of one of tho great felonies, arson, rape, robbery, , or burglary, but every other kind of ' wilful, premeditated and deliberate murder Is murder of the first degree. And every other murder, not enumer ated as we have stated, Is murder of the second degree. Murder of the second degree Is where a felonious and malicious hom icide is committed but whore no 1 specific Intent to kill exists, or can be reasonably and fully inferred. It may consist of unlawful killing, with malice either expressed or Implied, with intent to commit a grevlous bod ily injury upon the person assailed. Judge Agnew, in the case of Com- i monwealth vs. Drum, said, "Judgo Rush, In the case of Commonwealth vs. Richard Smith, has said, 'It is equally true, both in fact and from experience, that no time is too short for a wicked man to frame In his mind the scheme of murder and to contrive the means of accomplishing it.' But this expression must be qualified, lest It be misunderstood. It is true that such is the swiftness of human thought, that no time Is so short in which a wicked man may not form a design to kill, and frame the means of accomplishing his pur pose; yet this suddenness is opposed to premeditation, and a jury must be well convinced upon the evidence that there was time to deliberate and premeditate. The law requires, and tho jury must find, the actual intent; that is to say, the fully form ed purpose to kill, with so much time for deliberation and premeditation as to convince them that this purpose is not the Immediate offspring of rashness and Impetuous temper, and that the mind has become fully con scious of its own design. If there be time to frame in the mind, fully and consciously, the intention to kill, and to select the weapon of death, and to think and know beforehand, though the time be short, the use to be made of It, there is time to de liberate and to premeditate." The second count of the indictment in this case contains a charge against the defendant of voluntary man slaughter. It is voluntary man slaughter where one, in tho heat of passion, and without malice express ed or implied, under great provoca tion, kills another. Voluntary man slaughter often so nearly approaches murder, it is necessary to distinguish it clearly. The difference is this: Manslaughter is never attended by legal malice or depravity of heart that condition or frame of mind be fore spoken of, exhibiting wickedness of disposition, recklessness of conse quences or cruelty. Being sometime a wilful act, it is necessary that the circumstances should take away.i every evidence of cool depravity of heart or wanton cruelty. Therefore, to reduce an intentional blow, stroke or wounding resulting in death, to voluntary manslaughter, there must be sufficient cause of provocation, and a state of rage or passion,, with out time to cool, placing the defend ant beyond the control of her reason and suddenly impelling her to the deed. An unlawful, felonious and malici ous homicide is presumed to be mur der, but not presumed to be murder of the first degree, that presumption rises no higher than murder of the second degree, and if the Common wealth desires to prove the defend ant guilty of murder of tho first de gree, the burden is upon it of raising tho crime to that degree, and it must satisfy the jury of those facts and circumstances which. Indicate the wilful, deliberate and premeditated intention to kill, and tho cool de pravity of heart and conscious pur pose which constitute, as before stat ed, the crime of murder of the first degree. And also, the burden of reducing the crime from murder to manslaugh ter, where It has been proved that the defendant committed tho deed, lies on her. She must show all the cir cumstances of alleviation or excuse upon which she relies to reduce her offense from murder to a milder kind of homicide, unless Indeed nil the facts already In evidence show it. In considering this case, we have stated that the credibility of the wit ness is a question entirely for you. Tho court has nothing to do with the consideration whether a witness shall be believed or not or what weight shall be attached to his testimony. You have seen the witnesses on the stand. You have observed their manner of testifying; with what de gree of frankness and candor thoy testified; in what manner they have withstood their cross-examination; the contradictions, if any, in their evidence; whether any of them mani fested a disposition to with-hold facts, or to press facts uncalled for upon tho attention of the court and jury; whether you find indication of bias In the appearance or testimony of any witness. You should consider especially the Interest which the witnesses have In this case, or the apparent Interest which they manifest In the Issue. xne relationship, u any, which may exist between the witness and the de fendant and would be likely to bios tno evidence or the witness, and in this connection we think it our duty to call your attention to tho fact that when considering the evidence of Leona Lord, the defendant, you must consider that she is greatly Interest ed in tne outcome or this case, and in considering tho evidence of her son, Millard Lord, you must tako In to consideration tho fact that he is her son. You must also Consider that Will Lord is a son of the de ceased. Not that the defendants In cases like this, or relationship of this kind necessarily implies that tho par ties would commit perjury, tut hu man experience has Bhown that the evidence of defendants in cases o this character, and the evidence giv Page One). en by relatives, like a son or a daughter, must be very carefully j scrutinized. i You should also take into consid- eratlon the means of observation of the witnesses as to what they may j testify; their-accuracy in tho detail ing of matters; how far they are cor-I roborated or contradicted by other j evidence In tho case; the reasonable-, ness or unreasonableness of their , stories. These are all matters, gen-1 tlcmen, that go to you for your con sideration to enable you to deter-1 mine the credibility of the witness. If you find apparent inconsistences1 between the evidence of different I witnesses, It Is your duty to reconcile these Inconsistences, If you can do so, upon some reasonable hypothesis, i You aro not to believe that a man is falsifying upon tho witness stand I until some conflict, irreconcilable ( conflict of evidence forces that belief upon your mind, but when you find such conflict, then you must deter-, mine whom you will believe and j whom you will not. There are , twelve men of you in the jury, and one will remember one part of the , evidence and nnother another part, and between all of you twelve little ! of importance will be likely to es cape you, and as you go in the jury 1 room and discuss tho evidence, you will determine where the truth lies. Counsel for the defendant have submitted certain legal propositions j in writing for us to answer. As leg-1 al propositions they are all correct, and are as follows, and the answers to them will be considered by you In connection with our general charge. Defendant's Points. 1. Conviction of murder in the first degree can be justified only as the Commonwealth establishes by evidence a specific intent to take life; and while the law regards the cir cumstances that a deadly weapon was used as evidence, that a specific In tent to kill existed, it is never so far conclusive as to such fact, as to take the question of the Intent from the jury, who alono must judge of tho Intent. Answer. This point is affirmed. 2. .Murder in the first degree is limited to wilful, deliberate and pre meditated killing, and the presump tion from tho use of r. deadly weapon arises no higher than murder of the second degree. Answer. This point is affirmed. We have so staled the law in our gener al charge. 3. If the jury finds that the de fondant believed that her son, Mill ard, was In imminent danger of griev ous bodily harm of an imminent peril to his life, by the attack of William Lord, and rushed to his assistance in such boliof, and in furtherance of such assistance, deemed necessary by her, struck Silas E. Lord with a pick, without malice and premeditation, her act for her son would not con stitute a higher crime than if such act had been in her own defense. Answer. This point is affirmed, and you will consider with this pro position the evidence of the defend ant that she did not strike Silas E. Lord and had no reason to do so. 4. If the jury believes that Silas E. Lord made an attack or violent as sault and battery upon Leona Lord, who was much the inferior of the said Silas E. Lord in size and weight, and that this was done in the pres ence of Samuel Reed who at the time was an employee of the said Leona Lord, and they also find that this at tack so excited the passion of Samuel Reed as to destroy all self-control, and that in this condition of ungov ernable rage and without sufficient cooling time, ho struck Silas E. Lord a fatal blow, the grade of the crime so committed by Samuel Reed would not be higher than manslaughter. And if the jury find Leona Lord did actually aid and abet Samuel Reed in the commission of said crime, her guilt under such circumstances would not rise higher than man slaughter. Answer. This point, as a general proposition of law, is good, and as a general proposition is affirmed. We do not, however, call to mind any evidence which shows that Silas E. Lord made an attack or violent as sault and battery upon Leona Lord, question, however, for you to deter vviilch would justify any attack upon him by Samuel Reed. We leave that question, however, for you to deter mine and when you consider this point, you will also bear in mind what I shall say to you concerning tho law of principal of the first de gree and principal of the second de gree. 5. If the jury are not convinced beyond a reasonable- doubt, either that the defendant aided and abetted Samuel Reed in an unlawful killing of Silas E. Lord, or that she her self struck tho fatal blow with a pick, the verdict in this case should be, not guilty. Answer. This point is affirmed, and you will consider it in connec tion with our general charge as to what constitutes reasonable doubt. G, Tho burden is upon the Com monwealth to establish beyond a rea sonable doubt every Ingredient and element of crime alleged In any count of the indictment, before the jury will bo justified in finding a verdict adverse to the defendant thereon. Answer. This point is affirmed. Wo have already so stated. As already stated in the defend ant's points, she is entitled to the benefits of any reasonable doubt which may arise from the evidence in this case; and upon any question which you may be obliged to decide, before you can convict the defend ant, you must decide these questions against her beyond a reasonable doubt. And remember, gentlemen, this must be a reasonnblo doubt, not an unreasonable one. It is not a fanciful doubt which you might con jure up in your own minds respecting the guilt or Innocence of the de fendant; a Jury must not raise an lngentous or fanciful doubt to es cape the consequences of an unpleas ant verdict. It must bo an honest doubt, such a doubt as fairly shakes the conscious minds and clouds tho I Judgment. If, after a careful and Impartial review of all the evidence, you still havo doubt as to the guilt of tho defendant, If still your minds hesitate as reasonable men to be lieve the defendant guilty, that doubt entitles her to an acquittal. If the mind be fairly satisfied of a ver dict on the evidence as such, so as to Induce a man of reasonablo firm ness and judgment to take tho fact as true and to act upon it In a mat ter of Importance to himself, It would be sufficient to rest the ver dict upon. Whatever is sufficient to satisfy you as men should bo suffi cient to satisfy you as jurors. The prisoner nt the bar, Leona Lord, as we havo said, may be con victed in this case of murder of the first degree, murder of the second degree, voluntary manslaughter, 'or she may be acquitted, as you shall find the facts. i And these, gentlemen, are the main questions you are called upon 1 to decide as to what your verdict will be: I 1. Did Silas E. Lord die at Equl-1 mink, Wayne county, Pa., on July 24, 1910, and was his death caused by a wound received by him and in flicted upon him by some person on July 12, 1910, at Equlnunk, Wayne county, Pa? 2. By whom was this wound in flicted and with what instrument? 3. Was the person who made this wound then actuated by legal mal ice, either expressed or implied, and did the infliction of this wound and the death of Silas E. Lord constitute the crime of murder as we have de fined it? 4. If you should find that mur der was then and there committed, was it wilful, deliberate and pre meditated, making the crime mur der of the first degree, or was the offense murder of the second de gree, or was the act a crime com mitted without legal malice, reduc ing the offense to voluntary man slaughter, which we have also de fined? We will take up these different questions you are to pass upon and treat them in their order. It will be necessary for us, In doing so, to comment somewhat upon the evi dence. We shall not, however, give more of the evidence than we think (Continued nt Page Eight. The Baok for ! FARMERS arid . MECHANICS BAIISC $1 starts an account. Are youwith us? Courteous Treatment Assured COMPARATIVE GROWTH : DEPOSITS June 1st, 1907 Nov. 7th, 1910 OFFICERS: M. K. SIMONS, Pres. .1. E. TIFFANY, Vice Pres. O. A. EMERY, Cashier. DIRECTORS: M. 11. Allen, George O. Abraham, J. Sam Drown, Oscur K. Bunnell Wm. II. Dunn, W. M. Kowler. W. 11. Gulimlp, John K. Kruntz, Krecl. W. Kreltner, Jolm Kulibacli. G. Win. Pell, M. 13. Simons. Fred. Stuvens.'.Gcorco W. Tisdell, J. E. Tiffany. John Weaver. L JANUARY CLEARANCE SALE This 6s our month for talcing inventory and we want to reduce our stock as low as pos sible before doing so. LADIES TAILOR MADE SUITS AND COATS Our entire stock of Ready-io-Wear Apparel is marked down to practically one half of its original value. Ladies and Childrens Matched Sets and separate Scarfs or Muffs at less than Manu facturer's cost. DRESS GOODS REMNANTS Lot of Black and Colored Woolen Dress Goods Remnants at prices lower than ever. DON'T FORGET! Bargains in every Department .during this month. KATZ BRO'S Inc. Mrs. Henry French nnd daughter, Mrs. Walter Dodd, Young street, aru spending a few days with friends at Proinpton. E. B. Sheard, Fallsdale, iias been spending tho past week at tho homo of his sister, Mrs. Sarah Oroncr, nn Seventh street. Mr. and Mrs. Fred Kroltner left Saturday for a week's outing in tho anthracite region. Before return ing they will visit Scrnnton, Wilkes Barre and Albany- noCOOOCOOOCOOSOOQOOwOCOSOO Are You To-morrow No man" ever accuinulatC6 a fortune unless he has the hab it of making sacrifices today' in order that he may have some thing to work with tn-tuorrow. The small amount that you are able to cave I'very week may appear very small, but in time systematic saving, with the aid of 3 per cent, compound interest, will give you some substantial capital as a basis for investment or to live on when you can no longer work and earn. HONESDALE DUE Bffl is yet young but it lias helped many ambitious persons on the road to independence and suc cess. 8 ocooooooocooooooooooooocoo Ml Classes $24,398.54 $266,465.61 FURS
Significant historical Pennsylvania newspapers