Weathoi Forecast: Warmer.
Weatiior Forccnfit: Wnrmor.
TOUIi PRINTING In oui'i'ldn
" .b
will pnt buiineaa In jonrn.' ,
Aro you helping to Mnke Tlie
Citizen better?
70th YEAR --NO. 6
HONESDALE, WAYNE CO., PA., FRIDAY, JANUARY 19, 1912.
PRICE 2 ( 3 JTTS
RESCUER
LOCATE
Many Theories Advanced As To The Disappearance
Of Fireman George Bergmann
No Trace Has Yet Been Found of The Missing
Man-Searching Parties Are At Work
Clearing Up The Debris
Ho r thnnrlnc o r hnlnc nrlvnnr t forlnf n Tut TinrnvnI fnmllw ihnvn iYes
ed as to the possibility of Bcrgniann sympathy or their many frlonds and
toeing a lire victim ns was at first neighbors. Including Tho Citizen,
supposed. Many people are Inclined Albert Eberhardt was called to his
to believe he is still alive, but tho placo of business Tuesday night to
majority of persons still believe he 1 withdraw the flro from his office
will be found among tho ruins of stove, for fear that the walls of the
the building and are anxiously Red Stone Front building might fall
awaiting the time when tho clearing j and cause another conflagration. Mr.
away of debris will be completed, i Ebcrhardt's tobacco store has been
One person states that ho saw Berg- j closed since Monday by order of the
mann two blocks from the scene of j town council. Ho estimates his loss
tho scone of tho lire between 8 and at about $2,000. Mr. Eberhardt re
9 o'clock on Sunday morning. If'.colved a thousand dollars' worth of
this is true there is Uttlo probability
of his being able to enter the burn
ing building after that tlrao without
being noticed by spectators or fire
men. However, the body of George
Bergmann, the missing fireman, of
Protection Engine Company No.
3 has not as yet been recovered.
His wife and children aro anxi
ously awaiting his return as are also
his many friends in this place. But
ns far as Bergman is concerned all
Temalns a mystery. 'He had no do
mestic difficulties and nothing is
known to exist to cause him to wil
fully disappear. As far as authentic
reports go, concerning the move-, have mado provision for tholr solici
ments of George Bergman, up to the ( tor, Homer Greene, who has been
time of his disappearance, it can bo given temporary quarters In County
truthfully stated that little is known.
In the excitement of the fire, men
may have been mistaken In the
identity of Bergmann as all the men
were covered with Ice and looked
alike. However, C. H. Rockwell says
that ho and George Bergmann work
ed together as a team on a stream on
the first floor of the Reif apartment
until the fire was extinguished on
that floor Ho also said that they I
took turns going out to get fresh air
as the smoke was very dense where
they were working. At about three
o'clock the lino of hose was with
drawn from the Reif apartment,
when the Are broke through into the
Spettigue part. Mr. Hockwoll stated!
to a representative of Tho Citizen
that he went into a nearby houso for
coffee and afterwards returned to the
fire Mr. Bergmann then went out.
This was close around three o'clock.
Tho belief that the missing man is
under the Ice and ruins of the build
ing is growing stronger every day.
It is known that when O. M. Spetti
gue, Jr , was overcomo with smoke
and was carried out, several men
went to his assistance. It is now
'believed that ho was one of this par
ty and met his fate while attempting
to assist young Spettlgue. Ho might
easily have been one of them and the
fact not noticed for all tho men wero
covered from head to foot In ice. W.
W. Wood, county treasurer, who is a
member of the flro comnanv. savs
that ho accompanied young Spetti
gue into the Spettigue apartment
with a line of hose, In order to get
a good position to fight the flames.
He went in about a dozen feet when,
feeling himself overcome with the
smoke and heat, he turned back. On
going out ho heard someone shout
"Help!" three times, and in a few
moments rescuers came from tho
burning building, carrying Mr. Spet
tlgue. Ono of these men might have
been Bergmann or he may have been
overcome at that time, and when no
assistance came to him, ho perished
and now lies under the heap of de
bris and ruins of the building. Until
this is cleared away thore is no
chance to get any nearer to the solu- 0f Attorney C. A. MeCarty, Wednes
tion of tho mystery. A rescue com-.day, but was extinguished before it
mltteo was appointed by the town
council and it is composed of Harry
Richards, C P. Searle. C. H. Rock
well, J. A. Bodle, Jr., W. W. Wood,
E. H Cortrlght. Frank MacMullon
and N. B. Spencer.
Tho men aro now at work remov-
i ing tho ruined stock and derbris and
are doing all in their power to recov
er tho body which Is supposed to bo
there.
Up to tho timo of going to press
no clue has been found, although tho
men arc still working on tho case and
have orders to spend as much money
as Is necessary to clear up tho mys
tery Slneo the disappearance tho Berg
man family have been prostrated
with grief and the loss. It Is harder
to bear for tho reason of tho sus
pense and uncertainty. Mrs. Berg
mann Is very low and is reported noti
expected to live. Tho several small I
children, deprived of a father, by a
cruol fate, cry for his return. It Is I
surely a stricken homo and tho suf-
DEED 83 YEARS OLD FILED TUESDAY
Register and Recorder W. B. Lesh-
fers an aero of land in saicm town
ship for tho uso of tho Methodist
Episcopal church of that placo. Con
sideration, $1, and other lawful
money.
Tho property was conveyed by
Gideon Curtis, Edmund Nicholson,
Flotch F. Curtis and their wives,
and Charles Goodrich to the trustees
of tho Methodist Episcopal church,
of Salem, namely, Harris and Oliver
Hamlin, William T. Noble, Timothy
Holllstor and Arson Goodrich.
The deed was attested to by Hen
ry Avory, Justice of tho nnco. May
1
UNABLE TO
body!
ERGMANN'S
new stock prior to tho flro, which
is in the basement of his store.
There was considerable water In tho
cellar, which has since frozen. Tho
tobacco Is embedded in tho Ice, at
tho same time, however, being in
boxes. Mr. Eberhardt carries $4,000
on his property. 'His stock Inventor
ies $4, GOO.
Photographer J. A. Bodlo has made
application to U. G. Itidgeway for tho
latter's studio on lower Main street.
If ho is successful in securing it Mr.
Bodie will bo ready for business the
first of next week.
The Wayne county commissioners
Superintendent J. J. Koehler's office
in the court house. Attorney Greene
said to a Citizen representative yes
terday that the paper was misinform
ed when it stated that he had sav
ed tho bulk of his law books. On
the contrary, Mr. Greene says he has
lost them. Some of the less import
ant books wero saved, but his valu
able law library Is ruined. He stat-
ed that papers and data belonging to
the Glen Dyberry cemetery company
were saved, as they were located in a
small safe adjoining his main office.
A revolving file rack was taken out
and its contents, although gadly dam
aged by smoke and water, Mr.
Greeno says he will go ablo to de
cipher. O. M. Spettlgue secured temporary
quarters In tho Grambs' founding two
doors above his old stand as an of
fice. He will nlso occupy tho store
in tho Wefferllng building, recently
vacated by W. L. Herrman.
Operations wero commenced Mon
day afternoon on shoring up tho
burned building. Largo props have
been placed in front of the structure
as well as at tho side and rear.
Kreltner Bros, and a corps of car
penters have worked assldiously, en
deavoring to make the building safe
so the rescurers can enter and search
for George J. Bergman, the missing
fireman, who is supposed to have
been burled in tho debris.
On Wednesday a scaffolding was
erected along tho north wall of tho
Red Stone Front for the purpose of
tearing down ono story of tho build
ing, or so it will be on a level with
Mr. Terwilliger's roof. Several men
are employed at this work and it is
expected that the wall will bo taken
down to a safe point by to-night. Tho
bricks are carefully removed and
deposited on the ground by means of
an inclined plane.
Tho wall, in some manner, seems
to bo fastened to tho II. K. B. store.
The interior of Mr. Terwilliger's
roof, which adjoins the north wall,
is separated from the interior wall
several feet.
Fire tirnkn out anew In th nfflcn
gained any headway
Attorney C. A. McCnrty Is now
nlcoly domiciled In the council
chambers of tho City Hall. Mr. Me
Carty is unablo to get to his 6a fo
owing to a vast amount of debris In
tho Relf sldo of the building over
which was his office. As soon as tho
charred flooring and sticks are re
moved In the Spettlgue store, work
will be commenced on tho Rolf side.
As wo aro going to press work has
commenced on tho Relf apartment.
Attorney Homer Greeno carried
$G00 Insurance on contents of his
offico equipment. Ho says $2,500
will not cover his loss. Many valu
able papors and records that can
never ho replaced, wore destroyed.
While tho debris is being taken
out of tho building, Main street be
tween Eighth and Ninth streets, has
been closed. Ropes extend from tho
front of tho building down several
i feet to prevent pedestrians from
coming In close contact
with the
dangerous building.
l; 1829- u wa,s ,madt, ot f?,ur
?' LTL?ndhn?,f Vwiitv Inch
A piece of linen, three-quarters of
an inch wide Is pasted through tho
center of tho deed, up and down, and
help keep It together. Tho seals
aro luudo of rod wax ovor which aro
pasted diamond-shaped pieces of pa
por. Tho writing is very plain and
tho deed Is in good stato of preserva
tion. It is tho oldest deed to havo
been recorded In Wayno county In
many years.
Tho Salem Methodist Episcopal
church is one of tho oldest In tho
county and it Is claimed that the ori
ginal church is still standing.
ANNUAL REPORT OF CRUELTY
TO ANIMALS SOCIETY
HONKSDAIiK BRANCH OF 1MSNN
HVIjVAMA HOCIHTV I-'OIt THIS
PREVENTION OK OKUHLTV TO
ANIMALS COMPLETES HUO
CKSSKUIj YEAR.
Tho Honesdalo Branch of
tho
Womon's Pennsylvania Society for
tho Prevention of Cruolty to Anl-'hls
mala has Just complotod anothorior Sunday morning, Is reported to
Buccessful year full of good works of day ns being much bettor and this
mercy to tho lowor animals. Each morning Mr. Spettlgue, Sr., states
succeeding year wins for this hu- that his son was ablo to attend
......... i... ...!... t hrnnlrfnct n'ttf. tlm nct nt f n fnmllv
great many prominent citizens have rr a umo nis condition was
declared sympathy in tho imovomcnt, ' thought serious and his relatives as
and expressed a willingness to flup- well as his near frlonds wero much
port tho organization. I alarmed. Tho young man must hnvo
A prominent momber of tho local! received some injury, together with
society told a Citizen man that thol tho excitement which left him In
object of tho society is not only to'iulto a serious condition. A few
bring prosecutions against those who, days' rest and quiet will restoro him
aro cruel to animals, but also to j to his former good health and
conduct a general campaign of odu- strength,
cation. Some have asked: "Why'
spend so much time and effort talk
ing about kindness to animals wnen
there Is so much cruelty to men?"
To these It is answered: " Wo will
work at tho roots. Every humane
publication, every lecture, every step
in doing or teaching kindness to
man, women and children is a step to
prevent crime a step in promoting
those qualtles of heart which will
elevate human souls. Thero is not
a child that may not ibo taught in
our public schools to feed tho birds
and pat the horses, and enjoy mak
ing happy all harmless creatures it
meets on the street, and so bo doing
acts of kindness forty times a day,
which will make it not only happier
but better and more merciful in all
tho relations of life.
As regards prosecutions for cruel
ty to animals, tho society is deter
mined to go after every man who
beats or lashes his horse, every man
who wilfully kicks a dog or who
uses inhuman methods of putting a
dog, horse or any other animal to
death, every 'man who neglects to
provide his horse with a good heavy
blanket in cold weather; every man
who tries to drive a horse or team
to an overloaded wagon.
Tho Massachusetts Society for the
Prevention of Cruelty to Animals or
ganised March 31, 18GS, by George
T. Angell, has done wonders in edu
cating people to bo kind to animals.
The Massachusetts society has for its
president the Hon. Francis H. Row
ley, of Boston; its vice-presidents
aro the Governor of Massachusetts,
ex-Gov. John D. Long, the Most Rev.
William H. O'Connell, Bishop Malla-I
lien and other prominent men and)
women. On its board of directors
are two MnssnrliiiKp.ft.K.iiirlH'rw nr.At;.
torney General Albert E. Plllsbury1
and other leading philanthropists.
At the annual meeting of tho
Society of Prevention of Cruelty to
Animals held at tho home of its pres
ident, Miss Florence S. Wood, recent- i
ly, the following officers were elected I
for tno ensuing year: Miss Florence
Wood, president; Mrs. Charles T.
Bentley, Mrs. C. R. Brady, Mrs. Jud
son Yerkes, Mrs. F. W. Powell and
Miss Clara E. Torrey, vice-presidents;
Miss Emma Smith, treasurer;
Mrs. E. T. Brown, secretary. Presi
dent Wood reported as follows:
During 1911, our fourth year of
work of tho Honesdale branch of tho
Women's Pennsylvania Society for
the Prevention of Cruelty to Animals
has been progressive along all lines.
We have lost but few members and
havo gained a number of new ones.
Wo wero again ablo to secure two
stato troopors to assist N. B. Spencer
during fair week and they wero as
usual very satisfactory. Early in the
year, we gave our annual card party
which was a decided success, both
financially and socially, netting the
society $43. 05. Mr. Spencer, local
agent, reported eight cases Investi
gated, number of cases prosecuted,
three; cases convicted, two; disabled
animals taken from work, one;
horses ordered blanketed, eleven;
animals involved, twenty-four; horses
killed, two; dogs killed, one; no ac
count kept of warnings. Walter S.
Hennlg, honorary agent, reports
number of horses killed, one; dogs
killed, seven; horses ordered blank
eted, flfty-soven; number of warn
ings against cruelty, nine horses; to
tal number of animals Involved, seventy-four.
Tho treasurer, Miss Emma Smith,
reported a balance of $00.74 in tho
treasury. Owing to the gonerous
support of all members, tho society
was ablo to Improvo tho condition of
many animals.
VESSEL ON THE R0CKS--53
RUSSIANS DROWNED
(Special to Tho Cltlzon.)
Russanrowlneno":
Potorhead, Scotland, by Steamer
Welnstono being thrown on tho rock
In a northern gale. Tho steamer,
which was a commercial ship, was
bound for Liverpool. Four sailors
wero rescued. The ship was In tho
storm 24 hours.
John
McLaughlin, (Into
Tender,
Killed IiiHtantly.
Whllo at work as a gate tondor at
tho Gouldsboro crossing of tho Lack
awanna Tuesday aftornoon, John
McLaughlin, aged 42, was Instantly
killed. Ho attempted to cross tho
tracks ahead of a limited train, slip
ped and foil and was crushed
death. Ho was unmarrlod.
but
leaves ono sister, Mrs.
Evans, of Tobyhanna.
Nearly all of tho collection of
buttorflios, birds, shells, orchids,
etc., which Max Denhardt brought
from Florida wero destroyed in tho
recent fire.
0. M. SPETTIGUE, Jr., RECOVER
ING FROM EFFECTS OF FIRE
AIIIIC TO COMIC DOWN I'OIt
BREAKFAST THURSDAY MORN-'
LVCJ. ;
O. M.
Spcttlguo, Jr., who was
overcome by smoko
and rescued '
, trom posslblo death by firemen, from
father's building, during tho flro
THE WAYNE COUNTY PENN'A. SOCIETY
The sixth annual banquet of tho
Wayno County Pennsylvania Society
of Now Yory city will bo held on
Thursday evening, tho 8th of Feb
ruary, 1912, at seven o'clock, at the
Hotel Manhattan, corner of Madison
avenuo and 42nd street, Now York
City.
Among the guests of honor and
speakers will bo:
Hon. Wm. D. B. Alney, iRopresen
tatlve 14th District.
Rev. Dr. Stephen S. AVise, Rahbi,
Free Synagogue, Now York city.
Judgo Robert Carey, Hudson
County Court of Common Pleas, Jer
sey City, N. J.
Major Edgar Jadwln, Chief, En
gineers Corps, War Department,
Washington, D. C
ReV. Albert L. Whittakor, D. D.,
Grace church, Honesdale, Pa.
Tho pr co of the dinner tickets has
uuuu iiauu ui. f i.uu uuuu.
Ait applications tor ticKets snomu
bo mado promptly. Tho committee
will after Fehruary 3 assign tho
seats to the members and their
guests in the order of priority of ap
plication and as possiblo to loca
tion desired. Members aro request
ed to write tho full names of their
dinner guests on the appllcatkv
blanks, In order to facilitate making
out the tablo diagram and list of
names and guests of tho society. All
communications should bo addressed
to the secretary of the society, Chas.
S. Penwarden.
?!FIVE KILLED IN HEAD-
ON COLLISION
Baltimore & Ohio Passenger
Runs Through Open Swtch
New Castle, Pa., Jan. 1G. The
Baltimore and Ohio passenger train
No. 15l leaving hero at 0:30 yester
day morning ran through an open
switch near Gardner avenue, and
switching onto the tracks of the
Pittsburg and Lake Erie railroad,
crashed into Pittsburg and Lake
Erie train No. 501, coming here
from Pittsburg at 6:30 yesterday
morning. Tho trains met head-on
and both engines and baggage cars
wero wrecked.
Dead.
J. R. Smith, New Castle, Pitts
burg and Lako Erie fireman.
James Gannon, Glenwood, Pa.,
Baltimore & Ohio engineer.
W. E, Cunningham, New Castle,
Pa.. Baltimore & Ohio firemen.
Robert M. Clark, McKee's Rocks,
Pa., Pittsburg & Lake Erie engineer.
J. L. Craft, Clearfield, Pa.. Balti
more & Ohio baggagomaster.
Injured.
William Carnahln, Oil City, Pa.,
Baltimore and Ohio mall clerk.
James Ellis, Chicago Junction,
Baltimore and Ohio conductor.
Joseph Clark, Now Castle, conduc
tor. Pittsburg and Lako Erie.
Frank Flynn, New Castlo, bag
gagomaster, Pittsburg and Lake
Erie.
Coroot, Clark, New Castle, Pitts
burg, and Lako Erie brakeman.
Pinned Under Engine.
A freight train on the Lehigh and
Hudson Railroad, running thirty
miles an hour, was derailed nt Burn
i side, Orange county, at two o'clock
last Friday morning, tho locomotlvo
turning ovor and a numbor of freight
cars being smnshed.
Tho wreck took placo where tho
Ontario and Western railroad crosses
tho Lohlgh and Hudson. A switch
opened and locked and tho switch
light extinguished, making it appear
ently a deliberate attempt at train
wrecking.
Fireman Jacob Breen, of Warwick,
was pinned fast under tho tender
of tho locomotlvo whon It was turned
ovor nnd It was throo hours boforo
ho was rescued and brought to
Thrall hospital in MIddletown. A
brakomnn was slightly injured.
Cherry Itltlgo Farmer Injured.
Chnrles Bubstor, of Cherry Ridge,
mot with an accldont Wodnosday,
while oporatlng a cutting box. In
in . 6omo manner his right hand got too
closo to tho rovolving knlvc3 and ns
Cathorlnoin consequonco tho back of tho fin
gers wero oauiy cut. Mr. tiuDster
went to Dr. E. D. Gavltto. White
Mills, who dressed the Injured digits.
' Mora than 2000 patients
operated upon each year In
Qoorgo's hospital, In London.
are
St.
CELEBRATED ARIEL MILL "
CASE IN JURY'S HANDS
S. G. Bortree & Son Charge Poultryman G. W.
Swarts With Larceny
Large Crowds In Court Room During Progress
Of Three Days' Trial Of The Hotly
Contested Case
Tho court room was well flllod
with spectators, Tuesday morning,
when tho case of the Commonwealth
versus Geo. W. Swarts, was taken up
for trial. Assisting the District
Attorney, M. E. Simons, In the pros
ecution, were E. C. Mumford, Esq.,
and John T. Scragg, Esq., of Scran
ton. Attorneys Frank P. Kimble
and "Win. H. Lee appeared for tho
defendant.
Of the largo number of Indictments
pending against Mr. Swarts, tho Dis
trict Attorney choso to try that of
larceny by servant. This indictment
was found at the last term of Court.
A plea of not guilty was entered by
tho defendant. Tho following Jur
ors wero then called into tho box:
Raymond Dennis, farmer, Lebanon;
Chas. Roloson, farmer, Damascus;
Chas. Varcoe, farmer, Clinton; Les
ter Mclntyro, glasscutter, Texas;
David Scuddcr, farmer, Oregon;
Warren Brown, laborer, Dyberry;
Wm. Mclntyre, farmer, Berlin; An
drew Cowles, glasscutter, Texas;
Martin LUholt, farmer, Damascus;
Tnlin rinrhnH rarnnnlnr V.nat Ilntino.
daio; John D. Bryant, carpenter,
Honesdale; Lewis E. Hocker, farmer;
Damascus.
In his opening address to the Jury,
District Attorney M. E. Simons out
lined tho facts In the case which ho
expected to prove. For a number of
years, It seems, G. 'William Swarts
was employed by S. C. Bortreo &
Son In their mill at Lake Ariel. The
alleged offense for which Mr. Swarts
is being tried is said to havo occur
red May 10, 1911, when a Mr. M.
Alpha, Arlington, came to the mill,
and bought feed of Mr. Swarts for
$2.70. This amount, it is alleged,
was not entered on tho machine nsed
by tho company to keep a complete
daily record of all the business
transacted at the mill.
Witnesses who testified at the
morning session wero M. A'.pha, Ar
lington, Howell Bortree and Floyd
Bortree, Ariel. Court adjourned at
noon anu tno case was again taKon
up at 1:30 p. m.
District Attorney's Opening Address.
"For a number of years Mr.
Swarts was employed by S. C. Bor
tree & Son In their mill at Lako
H.TKr? " s"":iJT
mr. owaria Kepi iuu iiLXUuius lie iiuu
with Bortree and Son. They had a
register that wo will show you on
which Mr. Swart3 kept his accounts.
Ho was given In the morning a bag
with change In it and then at night
after the day's work was over, he re
turned tho bag with tho amount of
money to Floyd Bortree and ac
counted for itby a record kept by a
little machine. This is a llttlo ma
chine on which thero is an outsido
slip to go to tho customer. Under
neath there is a carbon copy, and he
put that on a shaker. Then there Is
a wheel on which they roll up their
records for one day. At night he
would tear that ofr, put It in his bag
and give it to Mr. Bortree. It was
supposed to be a complete record of
tho day's business.
"We'll show you than on May 10,
Mr. Alpha came to tho mill and
bought feed and paid to Mr. Swarts
$2.70. Also that the amount of
money given to Swarts in the morn
ing and the amount ho returned at
night and show you this amount,
$2.70, was not on the record at all.
"We'll show you that on tho
twelfth of May that the exact amount
Mr. Swarts received in the morning
and the exact amount which ho re
turned at night. Mr. Swarts paid
him during the day 40 cents. We
will show you that this Is not on the
record, nnd that tho amount paid
over tallied with tho record. Tho
record don't show this 40 cents.
"On tho 13th of May that Mr.
Ammermnn was at tho mill. Ho also
bought some goods which ho paid
for. That after ho had bought these
and paid for these ho bought somo
moro, a small package and ho paid
50 cents for it. That thero was no
record of this fifty cents at all. That
tho amount Mr. Bortreo received at
night tallied with tho record. But
this amount wno not on tho record.
Tho first witness called by tho
prosecution was Mr. Adpha, Arling
ton, who testified that ho saw
Swarts nt S. C. Bortreo & Sons' mill,
Ariol, on May 10, 1911. On that
day ho bought threo bushels of oats
and 100 pounds of feed. Mr. Alpha
paid Swarts $2.70 for tho whole
business. Ho paid him in cash, but
didn't get a slip.
When cross-examined by Attornoy
Klmblo ho claimed ho kept track of
tho dato In his head. Tho witness
didn't know, though, whoro ho was
on May 9 or May 11. He said both
ho and his wifo know of tho May 10
purchase Tho witness raised a roar
of laughter when ho said "What I
don't know, my wifo knows. What
sho don't know, I know." "Botween
you, you ought to know everything."
said Mr. Kimble. "Well. I ought
to," answerod Mr. Alpha. Alpha
said ho paid for what ho bought all
In papor money. Ho helped load tho
hags In the wagon. He and Swarts
wore tho only persons around tho
mill. Swarts, he claimed, didn't giro
him a 'ticket' that day. "Once in a
while I missed getting a ticket," ha
admitted. The transaction occurred
in tho forenoon. When Lawyer
Klmblo wanted to know what tho
witness did that afternoon, Mj. Al
pha replied: "Gosh, that's something
you'll have to ask somebody else."
Howell Bortree, a son of S. C.
Bortreo, was tho next witness. Ho
sworo that he saw Alpha at his fath
er's mill on May 10. He didn't know
what timo of day it was. Ho waa
Just beyond the mill, out at the barn,
when Alpha came.
On cross-examination Howell, Jr.,
said' he was 22 years old, and that
ho worked part of the time In tho
mill. He said he was watching
Swarts on that day. He denied
evor telling anybody to go there and
get away If possible before taking
a ticket. What ho put in tho bag,
Howell said he charged to himself.
Ho didn't remember having told
Laurlce Bell one evening that ho
had i5, showing him the money,
and saying when ho wanted money
he got it by going into the mill, and
that he had taken the money out of
the sales of the mill that day. Ha
denied being in the habit of going
to the bag whenever ho wanted
money. Swarts. he declared, had
tho bag himself. Swarts, ho said,
was sometimes fireman, sometimes
engineer, sometimes miller. No oth
er person had access to tho bag ex
cept Mr. Swarts. The bag was kept
at his brother's house over night.
Ho said no one asked Swarts for tho
bag, and denied that the bag kept by
Mr. Swarts was often sent for and
carried to tho office to make change.
Howell, Jr., swore ho never heard
of any difficulty between himself and
his father nbout taking money from
tho bag used by Mr. Swarts In tho
sales department.
Floyd Bortree, the third witness.
swore that ho was a member of tho
Arm of S. C. Bortree and Son.
Swarts, ho said, worked for them for
the past seven years up to last June.
His duties were a little of all kinds
of work on the mill. Swarts attend
ed to the boiler, did tho grinding,
acted as clerk, and general man
about the mill. He-sold goods and
received pay for them. A record ot
,..,.,, mmln
payments was made on a machine.
which was the only way they had ot
keeping a record. Ho explained to
the Jury the workings of tho ma
chine. Swarts' instructions were to
put all his business through the ma
chine, and give tho customer a slip
for every sale. He was given charge
of tho money bag In tho evening. He
had the bag In the day time and kept
his records on the machine. Ho
would tear It off at night and put it
in the bag. Bortree usually counted
the money In the morning and In tho
evening Bortreo gave hlra the bag in
tho morning and he returned it to
him in the eveninv. Sometimes
when Bortreo wasn't at homo, ho
took it up to tho house.
"This machine," said Bortree,
"when you write on it has a bill
form. Anything you write on tho
top slip makes two extra slips. Wo
put down tho day and the name of
tho person of every transaction.
"W" stood for Will. Swarts was
known as Will. Ho did it all In his
own hand. It 1 sold anything, 1 en
tered It In my own handwriting, and
charged it to "F." No money was
put in tho bag except when paid to
him. Then he would make a record
of tho sale."
Bortreo explained tho workings of
the machine to tho Jurymen. Ono
record went to tho customer. A dup
licate went to tho clerk. Bortreo'o
record was in tho machine. "When
night came on this roll was taken
out, wrapped up and put in tho mon
ey bag. Swarts did not havo to ac
count for charges mado to mo and
Howell. Swarts was accountabla
only for what ho had charged to
himself. "Ho would mark $10 out
if Floyd borrowed money of him, and
vlco versa. Tho witness produced
tho record of May 10. 1911, which
was supposed to havo a record of nil
of tholr huslncss of the day on It.
Thero was no record on It of cash
rocoived from Alpha.
Vhon cross-examined by Attorney
Klmblo Bortreo denied that tho ma
chine of ten failed to mako a third
Impression. When Bortreo obtnined
any money from Swarts during tho
day, owarts would mark it on tho
record. Tho entire transactions ot
tho mill would bo on tho roll at
night. Swarts had charge of tho bag
during tho day. Bortreo denied tak
ing tho hag from Swarts. SwnrU
would take money out of tho bag,
glvo It to him and chargo it on the
record. $20 was given him that
morning. Bortree put it in tho bag
and gave it to nlm. Howell, Mrs.
Bortreo and Miss Gilpin counted tho
money that night.
Bortree said ho was In tho auto
business. I merely handed SwarU
tho bag. I didn't toll him how much
tboro was in it. My wifo has accost
to tho bag. The bag is kopt In my
desk In the houso. I and my father
(Continued on Page Four.)