The citizen. (Honesdale, Pa.) 1908-1914, June 21, 1912, Image 1

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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.)