is?? fm Beautiful, Progressive, Sub- Joining (lie Greater HoiKr . Io stantlul Honesdale. All work fori Hoard of Trado Is Exnrossl(JBPr II n Greater Iloncsdnlc. Ilngiicss to Boost Honcsdal 70th YEAR. --NO. 50 HONBSDALE, WAYNE CO., PA., FRIDAY, JUNE 21, 1912. PRICE 2 if-' " .a' g1mTS COURT MATTERS OF THE WEEK After disposing of the case of Iloft vs. Bond tho case of Mamert Walen tynowicz vs. Minnie Allen and Wil liam Allen. Sonrle & Salmon, of this placo represented the plaintiff, as sisted by Attorney Gardiner, of For est City. Tho defense had no testi mony to offer and tine case went to 't),,. nni- o tho jury without trial IliU JUI J , IlllUlll. II 1111. . iuuh tb . ,. i f r i, Hnr.iwinn ti,,. 1 action grew out of the transfer of a deed for land In Which there was a mention of fifty and one-fourth acres, consideration $550, and tho samo to have been made by verbal I ,,n,.0n,,0 i,nfi,rn th tin, f I UlllUaVUlllllUlli UV.f.V bill. UUIV J I the delivery that said land contained ! llfty and one-fourtihs acres. Plaintiff was Induced to buy the land. A sur vey of the land was found to contain but twenty-six acres and the para mount title of twenty-four acres of land was in other persons than in the bands of the defendants, therefore tho plaintiff was unable to purchase them Damages were laid at $2G4, with interest from July 2S, 1904. On Tuesday afternoon the caso In assumpsit of Charles Theobald vs. Win. .1. Ramble, In which plaintiff claims a judgment of $33.20, began. Attorney Peter 11. Iloft for plaintiff and Attorney P. P. Kimble for defendant. Defendant admitted that he owed plaintiff $10.00 and tendered payment along with the costs. Tender was refused. The case Is another Instance where the Court of Common Pleas of Wayne county Is being used to settle petty disputes which never ought to have passed the justice court. Tho jury In the case of Charles Theobald vs. Wm. J. Ramble, non assumpsit, gave judgment of ?5.30 In favor of the plaintiff, having como in when court opened Wednes day morning. On U edne-ilay morning the case of William Ives vs. C. A. Cortrlght & Son was settled by the jury giv ing plaintiff Judgment of $130. The caso had been pending settlement and Charles McCarty, attorney for Ives, put E. H. Cortrlght on the etand, who testified that he owed plaintiff the sum of $130, which was given. Plaintiff originally claimed $142.50. Tho Jury were H. L. But ler, Lake; Wesley Decker, Hawlev; Thomas Flynn, Duckingham; C. Gardner, Scott; H. L. Hartford, Sterling; Stanley H. HInes, Preston; James Johns, Bethany; John Jor den, Pairpack; Adam Knorr, Ore gon; W. P. Schenck, Texas; N. O. Walker, Clinton; J. C. Wittlg, So. Canaan. The case of C. A. Cortrlght and E. H. Cortrlght vs. iF. W. Kreltner and W. H. Kreltner, composing Arm of Kreltner Bros., the Wayno Concrete Supply and Construction Co., and Edward Pierce and Eugene Baker, composing llrm of Pierce & Baker, was put on this morning; jury em panelled and first witness called. The first witness was E. H. Cort iight Mumford and Greene, attor neys for plaintiff; Kimble, Lee, Simons and McCarty, attorneys for defense The case of the Hancock Crushed and Building Stone Co. vs. the New York, Ontario & Western Railroad Co.. in which plaintiff claimed judg ment of $20,000, was continued un til next term of court. Tho case of tho Ensign Lumber Co. vs. C. A. Cortrlght & Son was settled out of court by defendant paying the claim made by plaintiff, for the balance of an account for lumber This week will close the June terra of court without any rush work on anybody. Many of tho cases have been continued over to the next term of court. Those continued are: Ja cob P. Klausner vs. Frank Do Breun, trespass; Ezra Selllck vs. Frank De Bruen and Martin De Bruen, defend ant's appeal In assumpsit; Fred R. Holbert vs. Bertie Hadaway and Milke Hadaway, assumpsit; J3mma Conley s. Kate McKanna, defend ant's appeal from assumpsit; John Carey vs. Township of Buckingham, trespass; James Nagle vs. Lake Lo doro Improvement Co., trespass; Er vrln L. Thomas Ivs. W. M. Norton, executor of tho last will and testa ment of Mary R. Thomas, assumpsit; John Sllvka and Jacob Howanecs vs. Frank Kelsey and Raobael Kelsey, his wife, trespass. ARLINGTON. (Special to Tho Citizen.) Arlington, June 20. Mr and Mrs. George BIdwell and family, of Now York city, are spend-1 ing their vacation at tho home of Mr. and Mrs. J. L. Noble. Mrs. Weldon and two children, of LImesburg, Conn., aro visiting her parents, Mr. and Mrs. J. W. BIdwell. Mr and Mrs. Armstrong of South Canaan, spent Sunday with Miss G. E. BIdwell. Homer Bldwoll of Scranton, also spent Sunday with his parents, Mr. and Mrs. D. W. BIdwell. Mrs. G. P. IRollison opened her summer cottage last week. Mr. and Mrs. James Stevenson of Hawley spent last Tuesday with Mr. and Mrs. P. E. Carlton. Tho Arlington creamery Is running almost at full capacity. It paid 28 cents a pound for butter fat for May. Don't forget tho picnic at Lake vlllo on July Fourth. Tho Children's Day exercises held In tho M. E. church Sunday even ing were very good. Mrs. P. Nowburger and child of Jofforsonvlllo, havo returned to their homo after an extended visit at tho homo of her brother, B. II. DIttrlch, here. DEATH OF A. T.BRYANT SHOCKS COMMUNITY Dies Suddenly of Heart Trouble on Wednesday Ono of Ilonesdalo's Rest-Known Citizens. The sudden death of Albert t. Bryant. Wedensday noon, was a se vcro shock to tho community. Mr. , i , ,1 11. Bryant had been in his usual health ? latu. fllsplnylng no symptoms of illness. Wednesday morning and U1 t0 th. ,l u,e11of la,?1 fT IU' ' ments ?' " s, ,l,fo Mr' Ur,i:ant wn,s engaged In his ; daily pursuits. Death was nrobably duo to over-exertion as .. . , . , .11 I I h, had worked hard all morning cul- tivating potatoes on the farm owned jolntly by J. 11. Robinson and him-Hon self, which Is located just north of , rreuenmiis, ivo iieiegnuvs noni am the borough line. Mr. Bryant and i baina were admitted for President Prod Wcniger wero engaged in bank- ! Tuft. Tho convention then ml ing potatoes, Mr. liryant having join-nod until I o'clock, guided tho cultivator, while Mr. I Senator William Pllnii, of Pltts Wenlger led tho horse. At differ- burn, has resigned us Pennsylvania's ont times Fred savs ho told Mr. I member of the new National conunit- Bryant that he did not havo to keep his hands on t in hi t vatnr. that he could drive and cultivate at tho same time, but ho claims Mr. Hryant pre - ferred to do it. . .. Atiout 11 o ciock, or snortiy atter- wards, the task was completed and Mr. Hryant directed Mr. Wenlger to harrow some new plowed ground 1 where he Intended to sot out cabbage -f plants. After each drinking freely of spring water Fred went In the di rection of tho plot, while Mr. Bryant went to the hennery. Ho mixed tho -f feed for the chickens and had col- j lected the eggs and went to the j -t-house on the property, which is oc- 1 cupied by Mr. and Mrs. Henry Palm er. He was taken violently 111 short ly after entering tho house and laid upon a couch. Mrs. Palmer and Mrs. Baumann, who were home, ad ministered camphor and did all in their power to help Mr. Bryant. They then called Mr. Wenlger who bathed his head and rubbed his wrists. Fred asked Mr. Bryant what was the trouble and he replied, "Only a bad spell." (Mrs. Bryant and Dr. F. W. Powell were then sum moned and shortly arrived at his side. iDr. Powell gave the sick man medicine for his heart, but despite all loving hands could do, the soul of our dear and highly esteemed brother departed at 12:15. Albert T. Bryant was born in Ore gon township, November 12, 1857. Ho was a son of the late Jonathan H. and Mary A. (Scambler) Bryant and lived with his parents in that township until early manhood, when he moved to Dyberry. His wife, by whom he Is survived, was Miss Car rio Verkes. The following brothers and sisters also survive: Mrs. Frank M. Robinson and Fred Bryant, Honesdale; Mrs. Theodore F. Wall, of Hawley; Mrs. W. H. Crocker and Berton Bryant, both of Calkins; George, of Scranton; and Otis, of! Girdland. Mr. Bryant's death is the first to occur In a family of eight children. There was no better Known man I in Honesdale and vicinity than Al bert T. Bryant. He was everybody's friend and always had a pleasant smile and a Jovial word for tho peo ple he me.t His life was one of sun shine. He was well thought of In Honesdale and vicinity and his ab sence 'will not only be missed by his only Immediate relatives, but by a large concourse of friends with whom ho came in daily contact. He was a man that was the same every day and was a good mixer. For 15 years ho was the Honesdale repre sentative of the Prudential Life in surance company, part of the time serving as assistant superintendent of this district. Of late he repre sented the Westchester, Royal Ex change and Atlas Fire Insuranco companies, having a desk In the of fice of J. Benhara Robinson. During tho long period of years in which Mr. Bryant was in the insuranco business ho visited many homes and wherever ho went ho always scatter ed sunshine. Last September tho de ceased and J. B. Robinson Jointly purchased a few acres of land above Honesdale to which Mr. Bryant de voted a great deal of his time. Mr. Bryant has been connected with tho Methodist church since boy hood days and at tho tlmo of his death was a stoward In tho Central Methodist Episcopal church, being a consistent Christian of tho same during his residence In Honesdale. Illls late pastor, Rev. W. H. Hiller. will conduct the (funeral services which will bo held at tho house Sat-, before tho book was printed. The urday morning at 1 1 o'clock! I book was printed by tho Citizen 'Mr. Bryant's four brothers, Fred, Publishing Company. 'Doro Otis, George and Berton, P. M. Rob-1 thy Shanloy was elected secretary. lnson and John YerKes will bear tho 1 remalns f their departed brother to lho,1,r n.na! resting place Mr. Bryant was a life-long Repub lican. TEACHERS' LEAGUE. Tho annual convention of tho Stato TeacherB' Leaguo will ho hold In the auditorium of tho school de partment In tho Capitol Building at Harrlshurg, 'Wednesday and Thurs day, Juno 2b and 27. Sessions: Wednesday, 10 a. in. Round Table. 'Wednesday, 2 p. m. Discussion of Proposed Legislation. Old and now business. Wednesday, 8 p. in. President's address. Account of work done in local leagues by delegates ifrom Erie, Johnstown, Wllllarasport, Wllkes-Barro and other places. Placo of evening meeting to 'bo decided at morning session. Thursday, 9 a. m. Election of of ficers. Miscellaneous business. Will your Leaguo bo represented? Kathorlno Longshore, Pres. Hazleton, Pa. S. A. McMulIen, superintendent of the Honesdalo Consolidated Water company, was In tho Metropolis on business a few days this week. ROOSEVELT RELEASES RESIGNS FROM NEW Claims to Have Mad a Teddy Says He Intends Starting a Mew Party---Demand for Dark Horse Growing Governor Hadley, o? ttflissouri, Favored Alabama Gives Taft Two Delegates. (Special to The Citizen.) t Iilrngo, ,luno 20. Tho conven- opened to-dny at 12:02 and on i 'i was rumored m me conven-1 non Hint i-imn nils nun llooscvell owing to a quarrel that ho had ulth j i,,', - I Theodore Roosevelt released nil his I .... ... .1.... 1 - l .!. "L'L-j;iii.s lu-unj mm umuu mu uu- lowing statement, which he distribute , cu unions mo ucicgaies: -f-f-f-f-f- "Tho time has come when 1 feel that I must make cer tain statements, not merely to honestly elected members of the Republican National convention, hut to tho rank and llic of the Republican party and to the honest peo ple of tho entire nation. I went into this light for cer tain principles. At tho mo ment, I can only servo these principles by continuing to bear tho personal responsi bility which their advocacy has brought me." (Signed), "Theodore Roosevelt." f-f-f-f-f- (Special to The Citizen.) Chicago. June 20. Tho demand for a third candidate by tho elimin ation of both Taft and Roosevelt from consideration by tho Nntionnl Republican convention started early to-day, Is growing by leaps and boim.ls. bounds Tho delegntes are openly demand ing thnt both Taft anil Roosevelt manngcrs withdraw their men and let tho convention name a candidate on whom all could unite. Tho leaders aro standing pat. Ono of n half dozen prominent Roosevelt leaders went to a Taft representative who Is in Hsition to speak for the rresident, and asked whether they could pull the vote of their force off 1,0 "oyeH bandwagon: the Taft men would do the same. Tho leader was told thnt on tho face of tho situ ation ns it now exists, this is impos- (.llll. ri'lir, w.r.t l ill Iw.afm...... .- c- ..,.4 .n,,!),, , ,.u i ',ir asked to bo prepared to renew it later in tho day. Congressman S. E. Payne, ono of tho Taft leaders of New York state, admitted thnt he had heard talk of compromise. Taft and Roosevelt niny quit. Roosevelt has released all delegates. Ho told them they can quit or vote for him. Ho says ho Intends start ing a new party. ANGELS' SODALITY SOCII3TY. In St. John's church last Sunday afternoon nt 2 o'clock Father O'Toole organized an Angels' Sodal ity Society composed of girls be tween tho ages of 7 and 1C years. Tho object of this society is to unite, in acts of piety, children who havo made their first holy commun ion, and by a regular attendance at tho Sacraments, as -well as by the public recitation of several psalms and prayers, they may, when they arrivo at tho proper ago, ho quali fied to become edifying members of tho Sodality of tho Blessed Virgin Mary. Tho ruies used by the Blessed Virgin's Sodality and for the most part, adopted by tho Angels' Sodal ity. Tho office book to bo used by tho society has beon arranged with exrclses of piety for tho children of St. John's church, Honesdale, with tho permission of Rt. Rev. M. J, Ho ban. D. D.. Bislion of Scranton. who ! carefully examined tho proof sheets and Catherine Bishop assistant sec- rotary. Tho Rector Is spiritual dl- ruciur. mo luiiuwing names were enrolled: Dorothy Shanloy, Alieo Mullen, Theresa Mangan, Adelaide Murtha, Prances Hlgglns, Claro Dunn, Mar Jorlo Ward, Mary Boll, Stella Sch wenker, Marguerite Igo, Marlon Connolly, Holen Groves, Frances Caullold, Mildred Murray, Helen Dunn, Dornotta Canlvan. Agatha Lowo, Anna Mullen, Evolyn Cau- iield, May McCabo, Nolllo McCabo. Monica Bracey, Marlon Eberhardt, Kathryno Bishop, Elizabeth O'Hea, Lillian O'Brien, Edna Baker, Agnes Relrdon, Mary Kllgallon, Anna Van (Drieson, Hilda Smith. Myrtha Tu man, Audroy Kane, Helen Murray, Clotlldo O'Connoll, Alico Murtha, Agnes May, Esther McGinnls, Cam illa Connolly, iRoso Donnelly, (Pran ces Relrdon, Harriot Murtha, Holen Buckley. Elizabeth WItzol, Mado llno Lelbig, Janet Canlvan, Agnes Mullen, Mary Mullen, Mary Jluckloy, Margaret McGraw, Alico (Bracey, Marlon Igo, Ellzaboth Butler, Isabel Canlvan, Anita Clark, Julia McGin nls, Alico May, Carmel Smith. W. P. Suydam, of Paterson, N. J., Is spending a few days In Hones dalo. HIS DELEGATES, FLINN NATIONAL COMMITTEE Quarrel with Roosevelt WAV THEY VOTED FOR CHAIRMANSHIP Chicago, Juno 20. Tho vote by states on Senator Root and Governor McGovern for tho temporary chair manship of tho Republican national convention Tuesday afternoon was as follows: Root M'Govern Alnlmmn Arizona C Arkansas 17 California y.wi.wi ,. M 0 1 24 0 0 0 0 C 8 49 10 10 IS 3 0 12 3 18 10 24 4 20 0 1G 0 0 2S 2 13 21 9 34 10 G 64 0 7 10 1 8 1 2 o 0 1G 12 0 0 0 0 0 G Colorado 12 Connecticut 14 Delaware C Florida 13 Georgia 22 Idaho 0 Illinois 0 Indiana 20 Iowa ic Kansas 2 Kentucky 23 Louisiana 20 Maino 0 Maryland S Massachusetts 18 Michigan 19 Minnesota 0 Mississippi 1G Missouri 1C Montana 8 Nebraska 0 Nevada C New Hampshire 8 N"v Jersey 0 New Mexico 6 Now York 78 North Carolina 3 North Dakota 0 Ohio 14 Oklahoma 4 ' '"1J "eon 3 l,"11,5"1 J2 .'Rhode Island 10 South Carolina 11 South iDakota 0 Tennessee 23 Texns 31 Utah 7 Vermont C Arglnla 2Z Washington '..14 West Virginia 0 Wisconsin o Wyoming C Alaska 2 District of Columbia 2 Philippines 2 Porto Rico 2 Hawaii o Total 55S Scattering, 14. (Four delegates did not vote among them Senator Root and Sen ator Gronna of North Dakota, who received one vote. W. S. Lauder, of North Dakota, re ceived nine votes and W. L. Houser, of Wisconsin, four. OIIURCH NOTES. Grace Episcopal Church. Grace Episcopal church, Sunday, Juno 23, services at 10:30 a. m., and 7:30 p. m. Sunday school at 12 o'clock. There will be service at Christ church, Indian Orchard, Sunday, June 23, 10:30 a. m.; Sunday scihool 11:30. There will bo Episcopal service in tho Whlto Mills church, Sunday, June 23, 3:15 p. m. Presbyterian Church. Dr. Swift will speak Sunday morning on "Steadfastness." At the 5 o'clock Vesper service there will be special music by a largo choir and Rev. C. C. Miller will speak on "Tho Lutheran Church." All aro welcome. HEALTHY CHILDREN. Iluild up your child's vitality if you wish him to become a healthy man. Frequently, Illness in after life can bo traced to a sickly Infancy. Tho worst cases of tuberculosis are bolieved by many to bo those con tracted In childhood. Thereforo don't handicap your child's career by exposing him to disease. Never tako tho baby to tho theatre, to moving pictures shows, to funerals or anywhoro crowds gath er. Colds, pneumonia, bronchitis and tuborculosls aro to bo found In such places. Crowds are responsible for tho spread of epidemics or grippe and similar diseases, which aro moro dangerous to tho lnrant than to tho adult. Keep tho child out of doors at overy opportunity. In wlntor when tho sun shines and In summer as much as posslblo both day and night. Most peoplo dress children too warmly. In summer, of course, tho loss a child wears tho bettor off ho Is. Tho Idea that tho street child Is healthy Is untrue. 'Don't allow your child to play In alloys or near dump heaps. Fresh air, cleanliness and out of door life aro what tho child ought to have If ho Is to dovolop in to a healthy man. Karl do Sch wolnltz, Exocutlvo Secretary, Penn sylvania Society for tho Prevention of Tuberculosis. L. Hllkowlch, of New York city. spent Wednesday In town. DAMASCUS TOWNSHIP MUST PAY SI 07,30 Por Loss of Hor.so Sustained by Mrs. IjOvcIcsh on .Inly II) Iiast Jury Holds Township Liable. . On 'Wednesday afternoon tho caso of Angelino Loveless vs. Township of Damascus was brought to trial. Tho plaintiff claimed that on July 10, 1011, while driving along tho public highway between Mllanvillo and Uoyds Mills her horse stepped on a stone, broke Its leg and had to bo shot. The action was brought to recover $200, tho value of the horse. Tho jurors drawn In this i caso were: 'William (D. Carlton. lUreher: J. 13. Cook, lloncsdale: La- fayetto Denlo, Manchester; 'Harvey' Fuller, Dyberry: 'Eben Keen. Hones dale; Seth S. Moore, Lake; John Monoskie, Mt. Pleasant; A. C. Olver, Texas; W. J. Ogdcn, Dyberry; Lay ton Smith, South Canaan; A. P. Voigt, Hawley; F. Watrous, Salem. P. 'P. Kimble represented the plaintiff and In his remarks to the Jury was very brief and to tho point. .Mrs. lAngelino Loveless sworn: She testified as to the accident as follows: il llvo in Damascus town - ship and am acquainted with the condition of the road between Milan - villo and Uoyds Mills. I havo driv- en over that road many times. On July 19, 1911, I was at Boyds Mills with a runabout and single horse and along towards evening I started for home accompanied by Mrs. B. S. Shannon. When we were about a mile from Boyds Mills we came upon a bad place in the road where a lot of loose stones of all sizes were scat tered about, making travel difficult. On crossing over this spot the horso stopped on a round stone and broke Its leg. The horse fell over against the shaft and backed up. I got out of the buggy and examined the leg. Mrs. Shannon got out and went up to the Georgo Reynolds homo for help. Dr. Lldstone was called and said that the horso might just as well be shot. I kept the buggy in the beat en track of tho road and the horse was on a fast walk down the hill curred on the other side of the j l.rlHtrn frnm ,rinv,lu Mllla nn,I .nl the horse backed It pushed the buggy on the bridge where It was when the Reynolds party came up. It was just about dusk and couldn't see the stone that the horse stepped upon. Cross-examined: I did not stop the horse on opposite sldo of bridge. Am positive horse had accident on this sldo of Geo. Reynolds' home, about a mile from Boyds Mills. My horse was walking fast. I measured some of the stones. One was 10 inches in diameter. Tho horse never had been kicked previous. Had a nail wound on left front leg above the joint. It was nothing but a straight scratch. Horse was not lamo In right hind leg when started out. Dr. Lldstone sworn. He testified that he was a veterinary surgeon and was a graduate of tho University of Pennsylvania. On July 19, I was called to attend a horse for Mrs. Lovelass and got there some time after thp accident. Horse was standing a little off the road. Hind loft leg was swinging, couldn't sup port the weight of tho body. Two bones brolien about six Inches apart. I recommended killing the horse which was done. Cross-examined: There was anoth er abrasion on insldo of samo leg llttlo below fracture. That horse had been kicked. It is possible for a horso to bo kicked and have leg splintered and walk and do work for a week or ten days sometimes before tho bono breaks entirely. 1 didn't notice any defects on horse. Questioned by Attorney Kimble: Mark on leg was not old; looked as if hair had been scraped off. Cross-examined: Never know of an Instance where a horse broko leg by stepping on a stone. It might be possible. J. W. Ycrkes sworn. I llvo In Da mascus township and know the road in question. Havo driven over the placo whero accldest occurred many times. There aro many stones In road this side of bridgo at foot of hill. 1 knew horso and would value it at $125. Used it for plowing and mowing hay. Cross-examined: I am a taxpayer of Damascus. Know horso was 20 I years old and had tho springhalt. ' Drovo over It quite often. Don't con i which fact does not lower estimated sider It dangerous. aluo. Chas. Rutledgo again called: Two Ward Wall sworn: I live In Da-1 photographs were Introduced by tho I mascus township and know tho road ' defenso of the road In question, 'in question. Very dangerous ror i They were taken Thursday, Juno 14, travel. 'Would valuo horso at $100' to $125. Cross-examination: Notified 'Wm. I Tyler about condition or road. Saw horso samo day before accident and It was not lame. William Rose sworn: I am a farm- or In Damascus township. Llvo on road between Mllanvillo and Damas- cus, ono mile from placo of accident. Was there 20 minutes after acci dent. Ho described tho road to ho In bad condition. Valued horso at 1'25. Cross-examined: Tried to notify supervisors. Every tlmo I called up ho was not at homo. Nevor met him to toll him. Said springhalt would not affect tho valuo of horse. Chas. Tegeler sworn: I am a farm er In Damascus township and livo linlf mlln fpnm nln.n I 1 .7 ...... MUM ,UIU Ul (ILblUVUli . Con dition of road bad. vory stony Novor called supervisors attention to road. Saw horso last summer; nov or observed any defects. Valuo It at $100. Cross-examined: Thoro woro both looso and fastened stones In the road bod at this place. Am not related to plaintiff. William Orr sworn: I llvo In Da mascus township near Boyds 'Mills and know tho road In question well, having occasion to trifclt often. very nau snape. ivnow norso. Valuo It at $100 to $125. Chas. iRollison: I livo In Damas cus township. Know road In ques tion. Drovo horse In question thrco weeks. Handled horses for 30 years. Value $100 to $125. Gq. A. Reynolds sworn; I llvo ahovt 100 feet from tho place of tho accident. Lived there 4 or 5 years. Was homo that day. Many stones, some as large as my head, In road way. I moved some away myself. I notified the supervisors about tho condition of the road. Knew horso; would valuo it at $125. Cross-examined: Didn't measure any of tho stones myself. Notified Mr. Tyler. Otto Pethlck sworn: Am a' neigh- bor of Mrs. Loveless. Know horso: saw It work and would value It at $125. 1 knew It had tho snrlnchalt. Chas. Reynolds again called liut testified to the samo as before. Mrs. B. S. Shannon sworn: I was driving with Mrs. Loveless on tho day of accident. AVo were return ing from Boyds Mills. Horso drove nicely and did not limp. At place In question horse stepped on stone and lunged backward on bridge. I went 1 to set Mr. Reynolds to help. j Cross-examined: Horso walked I l,art of time and trotted part. iDrovo ' across bridgo side toward "Reynolds' I nouse. uiun't Know what happened to horse. Did not ston at Ralnh 'Wall's house before tho accident. 'Harold Loveless sworn: 'I am son of Mrs. Loveless. Horso was not kicked to my knowledge prior to ac cident. Springhalt never bothered him. Cross-examined: I noticed abras ion week before on leg. Dr. Cade did not tell me horso had 'been kicked. Mrs. Loveless sworn: Horse lung ed backward on bridge and swayed on the shaft. Searle & Salmon managed the caso for the defense. Chas. Rutledge sworn: I am a su pervisor of Damascus township. Saw road where accident occurred last August. Would call road passable. There were a few 'loose stones but not enough to bother Was fixing road above where accident occurred. 'Road was not a main road but con- needJw m"ln roads- T Olark OOd SWOm: I liv e half mile from Boyds Mills. Use road frequently. There were a few loose stones that were washed down by water. Cross-examined: Am working for supervisors. Mr. Tyler had charge. Ho is in New York state. Charles Rutledge was again call ed. I made an effort to have Mr. Tyler hero today. Ralph Wall sworn: I am familiar with road. Water ran across road, at this place and washed down small stones. Cross-examined: Was over road twice a week. Saw no large stones. C. E. Boyd sworn: I am familiar with road in question. Drive over tt nearly every week. Water washes down the stones In road. Did not consider road dangerous. Marian Brown sworn: I live in Damascus and drovo over road right after accident; didn't notice any large stones. Dr. G. C. Cade sworn: I live In GaH eoancI am a veterinary surgeon Called by Mrs. Loveless to see horse. Was dead when I got there. I said 1 thought horse had been kicked. Horse had been lame. It Is possible for a horso to walk or do work for a week or longer with tho leg frac ured without entirely breaking off. Cross-examined: Never heard of case where horse stepped on stone and broke leg. Possible but not probable. Claude Martin sworn; Testified to tho bad condition of road. Mrs. Loveless stopped at my house and asked mo to give her a lift. Said horse was a little slow. No state ment ahout horso being lame. John Oavles sworn: I backed horse out of tho shed before It left for Boyds 'Mills that day and .noticed it was quite lame. Cross-examined: It might have been tho splnghalt. Jerked up. his hind log. Harry Canfield sworn: I was a su pervisor last year at tlmo of acci dent. I Inspected tho road. In good shade. Cross-examined: Don't know of any work being dono on road slnco accident. N. L. Wood sworn: I worked for supervisors and knew tho road. -91-. I acknowledge tho plcturo to bo a fair representation of tho road at the time of tho accident. Just tho same as It was then. Cross-examined: Tho pictures wero taken on Juno 14, 1912, and acci dent took placo July 19, 1911, and 1 1 d''1 nt see road between that tlmo anu lasi august. N. L. Wood again called: Testi fied to tho pictures being a fair rep resentation of the road at tho tlmo of tho accident. I can seo no change in road. Cross-examined: Did not know of any work being done on road slnco accident. Jtnlph Wall and Mrs. Kato Rey nolds previously sworn, acknowledg ed tho pictures to bo a good ropre- sentatlon of road at tlmo of accl- J flpnt. Geo. Reynolds again called: That evening lady camo to mo and I went down and found horso on sldo of bridgo next to my houso. John Orr sworn: I llvo In Damas cus. Know horso, think It worth $125. Mrs. Roynolds again called. Mrs. Shannon camo up to tho houso and asked mo to como down boforo ac cident samo ovenlng, iHorso was on (Contlnuod on Pago Flro.)