lawfd ip ts VOL. 82 NO. 2 Getz gets year for manslaughter bert Charles Getz; RD 1 Dallas, was found guilty’ of involuntary manslaughter by Judge Robert W. Trembath in the Wyoming County Court, Tunkgannock, Jan. 6. The charge, along with a two- count” indictment of murder and voluntary mans- laughter, followed the death of Joseph Tomko last Aug. 25 in Geisinger Medical Center, Danville. Mr. Tomko was a resident of Noxen. Judge Trembath granted a motion by defense attorney Thomas Mack for acquittal on the charges of murder and voluntary manslaughter but denied a similar motion for acquittal on the charge of in- voluntary manslaughter. In sentencing Mr. Getz to a one year term of imprisonment and levying a $500 plus costs, Judge Trembath pointed out that involuntary manslaugh- ter “means that death occurs as a result of an un- act. The tragedy is that you touched in anger a man who, because of the vicissitudes of life, was a man who was fragil—a man who needed tender care. ‘We commiserated with you,” Judge Trem- bath added, ‘‘but unfortunately, we cannot change the facts.” ! Judge Trembath stated that ‘‘with a reason- - able prison record, you will be eligible for work re- lease when you have served 90 days, possibly even sooner than that.” Mr. Getz had waived presentment of the case before grand jury and had waived jury trial. At the outset of the trial, Wyoming County Dis- trict Attorney James Davis asked that testimony presented at a habeas corpus hearing Sept. 17 before Judge Trembath be admitted as the Com- ‘‘case in chief.” A portion of the i S ‘tran{®ipt was testimony given at a preliminary hearing Sept. 10 before District Magistrate Herbert , Downs and read into the record at the later ‘continued on PAGE ELEVEN) or Heavy black smoke and fiance marked the site of a fire Saturday morning at American Asphalt Paving Company off Chase Road in Jackson Town- ship. ~ The fire broke out about 9:30 a.m. near three liquid asphalt tanks. Two of the tanks contained 14,000 gallons and the other 5,000 gallons of liquid asphalt. The tanks were scorched by the heat of the blaze, but volunteer firemen from five companies were able to contain the flames to a heating unit, which was heavily damaged. It was believed the fire started when a unit which heats the asphalt threw a spark on some fuel oil. Workmen at the plant reported they had just checked the area and were leaving when they heard a noise. On checking, they located the fire. THURSDAY, JAN. 14, 1971 American Asphalt Paving Company’s yard in Jackson Town- ship Saturday morning. The potentially dangerous blaze was contained by the quick action of five community fire companies. trucker lucky In tanker blast Nobody, least of all Alan Root, would deny that he is a very lucky man. A tractor-trailer driver for the past 10 years, Mr. Root has had two close brushes with death, the latest of which occurred Monday night as he was driving a gasoline tanker truck along Interstate Route 81 in Ashley Borough. At approximately 7:35 p.m., Mr. Root recalls, he was travelling south on the highway when he observed a car ahead of him swerve toward the center of the roadway. By the time he could see what the car had avoided, he was unable to swing his truck wide enough to miss entirely a small box from which a white wire, ap- proximately one-half inch in diameter, protruded. As the front wheels of the tractor rolled over the wire, State Police of the interstate highway patrol at Hazleton report, the box exploded. Mr. Root, who lives at 306 Carverton Road, Trucksville, was able to stop the truck even though the truck’s brakes had been damaged by the blast. When he stepped from the cab, Mr. Root discovered that the explosion had also shattered the rear window of the tractor-trailer cab, cracked the side windows of the cab, broken the truck’s tail lights, and cracked the air lines. The rig had to be towed from the scene. Mr. Root was uninjured in the blast, but he speculated that had the explosives gone off beneath the tanker portion of the truck, the explosion would have been sufficient to blow up the truck and 8,200 gallons of gas it was carrying from Dupont to Bloomsburg. State Police are continuing their investigation of the blast. Whatever lucky charm Mr. Root carried with him Monday night he must also have been carrying on Labor Day, 1969.At that time, he had just com- pleted his driving haul, had switched places with (continued on PAGE ELEVEN) fire blazes at asphalt yard Jackson Township Fire Company was given the alarm, and they were quickly joined by companies from Shavertown, Trucksville, Lehman Township and Dallas Borough. It took about 100 men and 10 pieces of equipment to fight the conflagration. Working under Chief Dale Wright, Jackson Town- ship Fire Company, the firefighters had the fire tapped out by 10:30 a.m. Plant owners John and Bernard Banks said the damaged unit held 250 gallons of fuel oil. Opera- tions at the plant will not be curtailed by the damage, which will take about six to eight weeks to repair, according to the owners. Residents in the area reported they could see the 60-foot-high smoke and flames from some distance away. DALLAS, PA. Noxen man charged FIFTEEN CENTS in brutal rifle slaying A 25-year-old Noxen man has been arrested and charged with the fatal shooting of George Wesley, 29, of Kingston, in the parking lot of Sor- ber’s Tavern, Lake Silkworth, Lehman Township, at approximately 2:25 a.m. Sunday morning. State Police and local officers, who had been searching for the suspect since the murder took place, arrested John Terry Wilson, Main St., Noxen, at 6 a.m. Monday at John’s Motel, Plains, where he had fled after the shooting. He offered no resistance when arrested. After Wilson, a convicted felon, was taken into custody, he was given a preliminary arraignment on a murder charge before District Magistrate Leonard Harvey. The arraignment was held at 8 a.m. in the magistrate’s office in the Dallas Borough Building. head on crash takes man’s life A Dallas man lost his life Saturday night in a violent head-on crash of two cars, both of which were demolished. The scene of the grim mishap was Rt. 309, about 250 feet north of the intersection with South Main Street, Shavertown. The victim was John Charles Ellsworth, 33, of 41 Claude St., Dallas. He was the operator of a 1953 Chevrolet sedan. He was taken to Nesbitt Memorial Hospital at about 7:40 p.m. in the Kingston Town- ship Ambulance. At 8:30 p.m., Mr. Ellsworth was pronounced dead by Dr. Max Eckenberg. Death was attributed to a crushed chest and head injuries. «i A spokesman for the Back Mouni2ir Brice De- partment said Mr. Ellsworth apparently came out of South Main Street, intending to swing and go north on Rt. 309. Apparently he swung too wide and crossed over the medial divider. It appeared he was trying to get back into his own lane when his automobile and another, driven by Charles Ralph Heck, 22, of RD 1, Dallas, collided. The Heck vehicle, a 1963 Chevrolet coupe, was proceeding south at the time of Route 309 in the passing lane. Mr. Heck was taken to the office of Dr. Michael Bucan by a passing motorist. Volunteers of Shavertown Fire Company washed gasoline from the highway and helped to clear away debris. Both cars were towed. Investigating officers were Clifford Culver and Carl Miers of the Back Mountain Police Depart- ment. Wilson was remanded to Luzerne County Prison pending a preliminary hearing, which will be held Monday, Jan. 18, at 2 p.m. in District Magistrate’s office, Dallas. Date for the prelimin- ary hearing was set by the Luzerne County Court, and not by Magistrate Harvey. According to State Police, the weapon believed used in the shooting was a 30-30 caliber, lever ac- tion carbine. It is now in their possession. Details as to its recovery have not been disclosed. Dr. George Hudock, Luzerne County Coroner, was called to the scene of the fatality. He per- formed an autopsy on Wesley's body Sunday af- ternoon at Wyoming Valley Hospital and revealed death was due to ‘“massive internal hemorraging due to lacerations of the heart, lungs, liver and spleen due to a gunshot wound.’’ The bullet entered Wesley’s chest on the right side and exited on the left side of the back. State Police will not say at this time whether a motive has been discovered for the killing. They said there apparently was no argument between the two men prior to the shooting. It was noted that after his arrest Wilson would not talk to officers ‘about the shooting and his alleged part in it. It was learned from an unofficial but very reliable source that a number of men close to the slain man spent the remaining early Sunday morning hours after the murder searching for the suspect, who was still at large at that time. They were dressed for the most part in hunting clothes, and some, at least, carried guns. Officers first on the murder scene were Chief Lionel Bulford, Lt. Russell Walters and Patrolman Paul Goodwin, all of Lehman Township police; Chief Deputy Coroner Joseph Shaver, Chief County DetectiveRobert Musser and County Detective Jchn Harkovitch; Criminal Inve piigs cr Robert Derwin and Corporal Francis Bre ennan of the State Police Shickshinny Substation; Sgt. Frank Miller and Troopers Stanley Jezewski, Eugene Centi and Frank Elko of Troop P, Wyoming Barracks. Among the local officers called in to assist were Chief Walbridge Leinthall of Harveys Lake Borough; Chief Henry Stefanovitch and Patrolman Perry Hoover of Lake Township, and Patrolman Cliff Culver and Carl Miers of the Back Mountain Police Department. In the group making the arrest at the Plains motel were Plains Township Chief Roland Biscontini, Harveys Lake Chief Leinthall, Sgt. Frank Miller, Sgt. Joseph Fisher, CI Carl Allen and Troopers Jezewski, Elko, Benjamin Grevera, Robert Isbitski and Nicholas Gushka, all of Wyoming Barracks. bond sale brings millions A multi-million dollar check changed hands Jan. 6 as members of Dallas Area Municipal Authority received payment for bonds sold to a 16- member brokerage syndicate. Representatives of Butcher and Sherrerd, managers for the syndicate, presented the $6,873,389.69 check to R. Spencer Martin, authority chairman. Other authority members present for the momentous occasion were John Casner of Dallas Borough, assistant secretary; Traver Noble of Dallas Township, treasurer; Ed Dickinson of Dallas Borough, vice chairman; David Coyle of Kingston Township, assistant treasurer; and Merton E. Jones of Kingston Township, solicitor. The event took place in the directors room of United Penn Bank, the trustee bank. A smaller check for $144,000 was received by the authority two weeks ago, making a total of $7,017,398.69. These funds will .be used for the construction of a treatment plant and sewer lines in the three participating communities. According to Chairman Martin, construction contracts have been signed, and notice to proceed will be sent to contractors prior to the end of January. Michael Churchill, young lawyer with the law firm of Ballard, Spahr, Andrews and Ingersoll, had 34 items of paperwork to explain and present to those present on the Jan. 6 settlement date. The stacks of paperwork included such items as service agreements, specimens of bonds, certificate of trustee bank, closing statement, indentures, etc.: In addition to authority members and Atty. Churchill, there were in attendance represen- tatives of Roy Weston, Inc., engineering firm; United Penn Bank, and Joseph Brennan of Dallas, Butcher and Sherrerd’s local manager. All ordinances, agreements and contracts between the Dallas Area Municipal Authority and the three municipalities of Dallas Township, Dallas Borough and Kingston Township, in connection with sewer installation, have been completed and delivered to Merton E. Jones, solicitor for the authority. woman injured as car backs up Mrs. Erilla Henniger, 55, of 141 North Pioneer Ave., Shavertown, was struck by a car late Satur- day afternoon as she was walking near Shavertown Methodist Church. According to Back Mountain Police, Mrs. Henniger was hit by a car operated by Gwendolyn Todd Kloeber, 19, of 244 Ferguson Ave., Shaver- town. Police reported Mrs. Kloeber was parked in the rectory driveway at the church. She backed her car. out onto North Pioneer Avenue. ; Mrs. Henniger was reported as having left the church’s front entrance and was walking across Pioneer Avenue to the parking lot across the street. She was hit by the Kloeber car at 5:55pm. and was taken by ambulance to Nesbitt Memorial Hospital, where she was admitted. Her condition was listed as fair Tuesday morning. The Kingston Township Ambulance was manned by Marvin Dymond, A. Roan and F. Hirla- man. Patrolmen William Pugh and Douglas Lamor- eax of Back Mountain Police Department were the investigating officers. pss ISS HM
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