The New Bloomfield, Pa. times. (New Bloomfield, Pa.) 1877-188?, August 09, 1881, Page 4, Image 4

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THE TIMES NEW liLOOMFIELD, PA., AUGUST 9, 1881.
THE TIMES.
Kew BlootMjield, August O, IS81.
NOTICE TO HUHMCRIIIKKM.
I.nnk t the fliriire nil the lihil of rnlir CM'".
TboKvAmim tell yon t tic tint o in which onr iil-
rriiitlnn Ik iinlil. Within weeks nltor mono- is
lent, if the data It climbed. No othet receipt
IsasoMsarv.
NOTIC'K TO AOVKUTISKUS.
So Out m-mprentyps will ho Inserted In this .ir
unlet itirht Face and on mtnl him?.
Mr-Tnnntr per rent. In mpmw r reanlar rstes.wllt
bohard(orailvrtlpm'iitii net In DniilileOnlunin.
a
The Condition of the President is
ery satisfactory to lils physicians, and
tliey consider Llin pretty nearly out of
danger. They hope to be able to move
blni In a couple of weeks away from the
malaria that surrounds the White
House.
A BiJirATiiiziNO glassware firm
lias presented Mrs. Garfield, anonymous
ly, with an elegant service of glassware.
The gift Is one of those things anybody
can see through, hut the retiring modes
ty of the donors cannot be seen through
anyway at present.
Carrying concealed weapons Is against
the law and the Mayor of Philadelphia
Is trying to enforce the law In that city.
Some arrests have been made and one
man has been sentenced to one year's
imprisonment, by Judge Middle, for the
offense of carrying a pistol In his hip
pocket. While Anderson Is to be com
miserated, no onecan find fault with the
sentence. Let all persons found carry
ing pistols be served in the same way.
The folly of pardoning criminals
whose grave offences have been sufficient
to incur the penalty of imprisonment
for life is again illustrated by the career
of Ham White, a noted desperado and
mail robber, who was convicted in West
Virginia iu 1877 and sentenced for life,
but was pardoned by the President last
spring. He was scarcely out until he
was again at his old business of robbing
the mails, and now he is again under
arrest. It Is to be hoped that mistaken
executive clemency will not again send
him out to rob and murder.
By some means the pardon, though
signed by rresideut Hayes, is dated
March 5th, and is conse qucntly Illegal.
Negligent Postmasters to be Prosecuted.
Washington, D. C, August 1. Forty-three
postmasters at Presidential
offices have failed to reuder their quar
terly reports to the PostofTice Depart
ment for the quarter ending June 30,
1381, which under the law they are re
quired to do within one month after the
expiration of the quarter. Failing to do
so postmasters and sureties are liable un
der the law to prosecution and to be com
pelled to pay double the amount of the
receipts of their offices during the quar
ter unaccounted for. Among them are
the following Pennsylvania offices:
Bloomsburgh, Brookville, Huntington,
Milton, Pottstown, Union City, and
Wellsborough. Postmasters have been
notified that unless the accounts are
rendered at once summary action will
be taken by the department to secure
the fine imposed by law by such neglect
of duty.
A Cowardly Assault.
Lancaster, Ohio, August 3. A das
tardly attempt was made to murder
Henry Lehman, treasurer of Greenfield
township. A masked man approached
him at the door of his (Lehman's) res
idence and fired both barrels of a double
barrelled shotgun at him, inflicting
dangerous wounds in the neck and chest.
The assassin then shot him three times
with a revolver, each shot taking effect.
The injured man succeeded iu getting
into the house, when the assassin left.
Mr. Lehman, who is a wealthy farmer,
thinks that robbery was not intended,
hut that the fellow only wanted to take
his life. The wounded man lies in a
critical condition, but the physicians say
he will recover.
Dead at a Barroom Table.
A middle-aged man, apparently a
tramp, entered the liquor store at Mer
cer and West Third streets yesterday,
and calling for gin cocktail, sat down at
one of the tables. He requested the
bartender not to strain the ice out of the
liquor. After drinking the cocktail the
man ntked for lager beer, and, as he
drank it, grumbled because it was not of
favorite brand. Shortly afterward he
grew white in the face, began to tremble,
and presently died sitting iu his chair.
There was nothing in his pockets to in
dicate who he was. Tun body was tak
en to the Morgue. -A'cty York Sun of (he
Srd inst.
Expensive Farming.
Mr. Lorlng, the new Commissioner of
Agriculture, has investigated the experi
ments of his predecessor, Le Due, and
the result has shown that the public
money lias been wasted in visionary
scheme, including a $25,000 artesian
well with no water. Mr. William Saun
ders was ordmd to visit the South
Carolina tea farm and report on the
advisability of continuing it. His report
has Just been made, and it is by no means
creditable to the administration of the
late commissioner.
Two Good Laws,
A bill declaring a wife a competent
witness against her husband, where he
commits an assault upon her, has passed
the Georgia Bennte. Likewise, one to
to make it a misdemeanor to carry
intoxicating drinks to any public gath
ering. PiTTsnuno, August 2. Thieves stole
$2,000 worth of goods from Hendiickson
& McClure's hardware store, at McKees
port, on Sunday night. To day McClure
traced the goods, secured four officers
and surrounded the den of the thieves,
who opened fire on the officers. Mc
Clure was riddled with three balls and
fell dead instantly. One officer was bad
ly wounded and will surely die. Two
other officers are seriously hurt. One
officer escaped unhurt.
Miscellaneous News Items.
CSPJolm McComb and Isabella Wright
wore killed while walking ou llio track of
the Stoningtou rathond, near East Green
wich, Ilhodo Island, on Saturday evening.
Tbey were engaged to be married to each
other.
C3FA shark near seveu fecit long wont
into a dry dock near Fort Mcllenry with a
8 ten in or, and was not discovered until the
water was nearly pumped out. It was
very savage and lived for nearly an hour
after the water loft it.
ST'The freight engineers, conductors
n nd brakemou ou the Illinois Midland
Railway, from Peoria to Terre Haute, have
quit work until paid three mouths' back
pay due them. The freight traiu service is
consequently suspended, and it Is supposed
no settlement will be reached inside of a
week.
CSTSonio alleged Indians have boon
camping at Greouwood Lake making bas
kets and other ornaments to soli to the vis
itors. A Patterson constable who happen
ed to visit the place recoguizod several of
them as runaway members of the tiro de
partment of that city paiutod up.
Kew.Yoiik, August 2. Daniel Shoa, of
Mulberry street, was assaulted by throe
thieves to-day nt bis threshold and almoRt
cut to pieces with a dagger. One of tho
mou, giving the name of A. Watts, a
plumber, was arrested. lie was commited
to await the result of Shea's injuries.
The other two thieves escaped.
t3FA Dublin special of Srd inst., gives an
interview with Archbishop Croke on .tho
land question. The majority of the Irish
people of to-day, he says, are better fed
and better clad than ever before, and there
is no reason to fear that tbelr condition
will not bo still further improved uudor
the bill which has just passed the House of
Commons.
C2TThe Marshall, Minn., Messenger
savR : Mr. Brownell, living near Marshall,
went to town Inst week with some jars of
butter packed in snow. After taking out
the butter the snow was shoveled out into
the street. He says he has drifts two feet
deep yet, loft over from last winter. A
load of straw was thrown over a big drift
during the winter, which preserved it.
Cy It is reported that the wifo of an El
gin, III., manufacturer, hearing that her
carriage horse, which was being used iu a
team, had beeu beaten with a hoard by a
driver when overloaded, called the teamster
into her husband's ofllce and there so
soundly hoi so-whipped him that he begged
for mercy.
CSOu last Thursday, while Mr. Thomas
II. Farum, a traveling salesman, was visit
ing Dublin, Oil., he was stung on the tower
lip by some kind of an insect or spider.'
lie gave but little attention to the sting at
first, but soon his lip began to swell and
became punctured with holes. The swell
ing extended to tho face, and every feature
t-oon became swollen until no semblance of
his natural self remaiucd. Mr. Farnum
fiualy died of erysipelas despite the best of
medical treatment.
(STJames Butler, Esq., Clerk of tbe
Itoxbury Carpet Co., Boston Mass., em
ploying eight hundred hands, in a late
communication concerning the admirable
working of an article introduced into the
factory, says : The famous Old German
Remedy, Ht. Jacobs Oil has effected sever
al cures among our men who have been
badly hurt in working in the factory, and
they pronounced it a success every time.
Reported by John C Wallls, Esq.
Court Proceedings. At the regular
August Court, held last week, the fol
lowing proceedings were had :
Court or Quaktkb Sessions.
On motion of Hou. Chas. II. 8mlley, Ed
ward K. Bponsler, Esq., was admitted lo the
Bar.
On mation of B. P. Mclntire, Esq., W. F.
Badler, Esq., and 8. M. Leldick, Esq., of Car
lisle, Fa , were admitted to practlco law la
Perry county.
Sunty of tfa rmc.
Commonwealth vs. John W. Smith, of 8&
ville twp., at the suit of hla wife for desertion.
In this case it appeared that the defendant had
been arrested at the Instance of a young
woman for fornication and bastardy, and rath
er than face the music resulting from thut con
dition of things, he determined to marry tbe
girl. . But this good resolution was coupled
Vlth a bad Intention, tint that he meant to
leave his wife and never live with, nor support
her, It evidently being his belief that the way
to get rid of a woman Is to marry her, which,
however, Is a (Trent mistake for any man to
make, as the defendant found to his cost. The
Court directed him to pny the posts, and 130
a year for tho support of his wife and child.
Jelbert A Wallls for Cora. VYm. A. Bponsler,
for defendant.
Com. vs. Mary nice, of Mtirysvllle. Mary
Longnecker, prosecutrix. This was a difficul
ty between neighbors, such as sometimes hap
pens whert women talk too ranch, which, of
course, Is very seldom Indeed. The defendant
maintained hersolf In Court, and denied the
charge of threats, and all charges generally,
and, Indeed, talked long anil well, and hern me
so graphic In description of the ''scenes" be
tween herself and the prosecutrix, that It really
seemed as If tho modest prosecutrix, who bad
(riven her testimony In a quiet way, must have
made a mistake In the person, and would per
haps be talked out of Court. To a reflective
mind It often no doniit occurs to wonder why
so nauch motive powerls stowed away In a wom
an's ton it ue and Is not oftener turned lo some
beneficent or even useful end. It Is often strong
enough to move the wheel of a wind mill.
The Court, after hearing the evidence, direct
ed each party to pay their own costs. Wallls
for Com. Burnett for deft.
Not Trub Bills.
Com. vs. Mary Rice. Charge Common
Bcold. Mary Longnecker, Prosecutrix.
Com. vs. Andrew Ilollenbaugh. Charge
Malicious mischief. Prosecutor, Win. Kane,
to pay costs of prosecution.
Tiu e Bills.
Com. vs. William Kedniau. Charge Mali
cious mischief. J. A. Kice, prosecutor.
Com. vs. John Hleo. Charge Fornication
and Bubturdr. Caroline P. Jacobs, prosecutor.
Com. vs. Jos. C. Leonard. Charge Lar
ceny and receiving stoluu goods. Ulrich Kum
baugh , prosecutor.
Com. vs. Samuel Kcpncr and James M. R
gar. Charge Larceny and receiving Btolen
goods. John Hartzell, prosecutor.
Com. vb. AV'm. Reeder. Charge Assault.
Wm. Kane, prosecutor.
Noixn PiioBBqi'irs.
Com. vs. Joi. into. Charge Assault and
Battery, on oath ol Margaret A. 1 1 lie, of To
borne towuship.
Coin. vs. John H. Illle and Margaret A.
Ililo. Charge Assault, with Intent to kill, on
oath of Joseph Illle, of Tohoyne township.
Com. vs. Jacob lllxler. Charge Assault
and Battery, on oath of John A. Albright, of
New Bulliiio.
Com. vs. Gustavo Boles. Charge Asfault
and Buttery, on onlh of William 1 1 All, of
Spring township.
Com. vs. Uuetave Boles. Charge Assault
and Buttery, on oath or William T. Hall, of
Spring township.
Com. .vs. Adam Wolf. Charge Assaultand
Battery and pointing a fire-arm at another, on
oath of John 8. Bitner, of Landlshurg.
Com. vs. Samuel Runibnugh. Chargo For
nication and Bastardy, on oath of Margaret
Elliott, of Uuncannon.
Com. vs. Daniel Keck. Charge Fornica
tion and Bastardy, (No. 5, Jan. 'P. 18SI,) on
oath of Mary E. Bmelgh, of Landisburg.
Com. vs. Robert A. Morrow. Charge As
sault ned Battery, on oath of 8. M. Llghtner,
of Landlshurg.
Coin. vs. 8. M. Llghtner. Charge Assault
and Battery, on oath of Robt. A. Morrow, of
Tyrone township.
Com. vs. BenJ. Dlllman and J. W. Johuston.
Charge Lareeuy and receiving stolen goods
ou oath of Andrew Loy, of Loysvlllo.
Com. vs. David Morrison, jr., William Mor
rison, Woodburn Mitchell and Hanson Weav
er. Chargo Burglary, Conspiracy, Riot and
Assault and Battery on outh of Dnvld A. Kb
erts, of Tyroue towiiBhlp.
Com., vs. Same. Charge of Riot, Consplra
ry, nnd Assault and Battery, on oath of Lizzie
J. Eberts, of Tyrone townBhlp.
Com. vs. Emanuel Morrison. Charge
Threats, on oath of David A. Bbeits, of Ty
rono township.
Com. vs. Jos. C. Leonard. Charge Larceny
nnd receiving stolen goods, on oath of Ulrich
Rumhaugli, of Greenwood towuship.
Com. vs. William Reedor. Charge As
sault, ou outh of William Kane, of Spring tp.
Tub CitmiNAL Thial List.
Com. vs. Wm. Redman. Charged with
throwing stones through the U. B. Mall Coach,
at Newport, on July 4th, 18S1. J. A. Rico,
prosecutor. Tho defendant, In explanation,
and by way of defense testified that he suppos
ed ho threw the stones but that ho was drunk
at the time and didn't know what he was do
ing. This defense, however, In law, Is bad, for
If it were allowed, then all that a man need do
whon be wanted to commit an outrage would
be to get drunk first and then do the deed and
ha never could be punished. Buch Is not tho
law. The jury seemed to think that there
were extenuating circumstances of some kind
In favor of the young man, whether drunken
ness or something else lor they dolivored a
verdict of not guilty. Directing, however,
that tho defendant pay the costs of prosecution.
The young mau, uot having any money, went
tojatl. Wallis for Com. Wm. A. Bponsler
for deft
Com. vs. John Rico, alias Smolnikcr Rice,
charged with fornication and bastardy en oath
of Caroline P. Jacobs of Juniata township,
twp. In this case the defendaut appeared at
the bar for trial without a lawyer, and the case
proceeded very quietly to a conclusion of
guilty wltbqut any vigorous effects by the de
fendant to avoid that certainly undesirable
result. He seemed simply to have cast himself
Into the stream of trial to float or sink or
bring up at such harbor as the current might
decide. The testimony was pretty strong
against him. The lime and place were proveu.
Tbe defendant's admissions were proved.
And the baby does most wonderfully resemble
hlra. Tbe defense consisted of a simple gen
neral denial of guilty, and an expression of
sorrow for the girl iu her unfortunate situation.
He felt bad, no doubt, and, perhaps, if he bad
It to do over again he wouldn't do so j but sor
row over the past, in this case didn't teem to
atone for that past, and Johu had the painful
experience passed upon him of listening to the
verdict of the Jury finding him guilty In man
ner and form us he stood Indicted. The usual
senteuce followed,and In default of compliance
therewith he was committed to jail. Wallls
for Com. Defendant for himself.
Com. vs. Jus. M. Ragar aud Saml. Kepner,
charged with Larceny and receiving of stolen
goods. John Hartzell, prosecutor. This case
discloses the fact that "there Is many a slip
'twixt the cup and the lip" and likewise many
a failure to discover and bring to punishment
the perpetrators of crime. Our readers will
remember the sad circumstance of the Im
pairment of mind of the Rev. J. W. Ely, of
Blain, and his removal from his borne to tho
Asylum at Uarrlsburg not long ago; and they
will perhaps also recollect that a trunk con
taining bis clothes was stolen from the wagon
of Mr. Weutz. at Newport on the IHh of May
last. The trunk was found ucxt day, rifled of
lis contents, floating down the canal, aud the
clothes were discovered, done up in two bun
dles, concealed in the buy on tho hay mew of
Rough's stable at Newport. It was for steal
lug this trunk and Its contents that the defuod
audts were ludleted and placed on trial. The
proof In the case showed them to be only pre
sumptively guilty. It was true that they pass
ed the wagou In company on the afternoon of
the night when the trunk was stoleu, aud were
both tound in the stable not the bay mow-
on tho next morning, and the goods were di
vided Into two bundles as If two men had done
the deed nnd divided the spoils hut, on the
other hand, there was no evidence tracing the
goods Into their poineuion and no proof of their
taking them, and, consequently, the case
against ihem was necessarily Insufllclent to
convict. There was mieta a reasonable doubt
arlsl'ig from all the evidence that a conviction
nnder the circumstances would, legally speak
ing, have been wrong, and tbe District Attor
ney therefore stated to the Court and Jury that
he could not ask for the defendants conviction
upon the evidence presented, which view was
concurred In by the Court In his charge to the
Jury, and the Jury found them not guilty with
out leaving the box. W. A, Bponsler and
Dlst. Ally. Wallls for Com. W. A. Bponsler
fordef'ts
CIVIL TltlAI, LIST.
Hetty Fisher vs. II. O. Orris' use. (Feigned
Issue). In thU case a cnnnl boat was levied
on by the creditors of Gustnve Fisher as Ills
property, which, subsequently, was cialmed
ns the property of Hetty Fislicr, defendant's
wife j and It was to determine the litlo and
ow nership of that boat that tills suit was in
stituted. Mrs. Fisher it appeared, hod pur
chased tho boat and paid for It from money
raised by mortgaging her dwelling house.
The dwelling house itself she showed bad
been built by her with money got from other
sources than Imr husband, on a lot, paid for
by her out of her own money, the title to
which was in herself. It was attempted to be
shown by the creditors of Fisher that Mrs.
Fisher had conspired with her husband to
cover up his property to keep it from bis
creditors ; but the evidence did not sufficient
ly establish this to the satisfaction of the jury,
nnd their verdict was In favor of Hetty Fish
er Harnett for plnintiff ; Sponsler for deft.
I'. A. Ahl vs. Samuel Lay. Trespass. The
plnintiff who Is from Cumberland county,
sued the defendant for trespassing on his
land, a ccrtnin tract of 2;tl acres ot wild land
in Kennedy's Valley, Perry county. Tho
suit was brought to determine the title to the
tract on which defendant hnd in legal par
lance "squatted," tho plnintiff having tho le
gal paper title deed. There was evidence
showing tlint n prescriptive title to the Innd
was attempted to be secured by the ono under
whom defendant claimed, by clearing, fenc
ing and cultivating n portion of the land ; but
much doubt existed whether prescription wns
perfected on account of tho uncertainty of
time dining wliieli this cultivation wns kept
upniiit continued. 10 esiaiiusn a squatter s
titlo'to land, requires the strongest evidence
nnd most positive proof of an adverse, con
tinuous nnd uninterrupted use and cultivation
of tho lnnd for a period of 21 years. This the
defendant failed to produce, and consequent
ly, the jury found for the plaintiff. Leidiek
from Cumberland Co., fur plaintiff ; Sponsler
for defendant.
John Tliuma vs. George Eberts. This was
nn -appeal from a Justieo ou n horse sain
trouble. It appeared on tho trial that Kberts
bought a horse from Thiinia for $100, and
paid $00 on account. Afterwards, finding
the horse not good for anything except to out
bis own head oil, Eberts refused to pay the
balance of the purchase money, nnd Thttimi
nnd be had a talk together about it, nnd
Eberts then paid Tliuina f '.'0 which, accord
ing to bis version, wns to be in full payment
of the horse, lint Thufiin it seems did not so
understand tho matter, and lie simply applied
the $20 on the account, and sued Eberts for
the $20 balance due, before the justice, and
pot judgment for that sum, from which
Kberts appealed and took the case into court.
Then, niter the witnesses hnd their say, and
(he lawyers theirs, and the Court his, and tho
spectators theirs, and after consuming n day's
tinio lu tho trial, tills very important nnd In
teresting ruse involving the munificent sum of
$20, was linnll) decided in favor of the de
fendant. ISeiliert for plnintiff ; W. A. bpons
ler nnd J. E. Junkiu tor defendaut.
E. T. Halter . John B. Pierce. In this
caso there wns no contest, and a verdict wns
entered for the plaintiff for $2'J.75. W. II.
Spousler for plaintill j nnd W. A. Sponsler
for defendant.
A. B. Whitckettlo and Co. rn. Fred Hnr
rnek. Verdict for $.VJ.!3 in fnvor of the
plnintiff. Mclntire for plaintiff ; Selbcrt for
defendant.
Mrs. I. C. Steinberger r. Eewls rotters'
use. (Feigned Issue). Plaintiff took a lion,
suit. V. II. bponsler for plaintiff ; Harnett
for defendant.
Frances M. Hinebart r. Jeremiah Iilne
bart. huit brought to recover for the sup
port and maintenance of tho minor child,
a little girl, of tho defendant. Tho plaintiff
is the divorced wile of the defendant, and
tho child wns born to them during their mar
riage. The parties were jnnrried m iH'j'i, and
divorced in Dec, 1877. T he little girl Is now
nbout six years old. The divorce decree
miulo no provision ns to division of property
or the support of the children, ltiuehart,
however, upon tho rendition of the decree,
took three of the children to raise and edu
cate, and left the fourth, the little girl in
question, with her mother, refusing to. ac
knowledge Its paternity, and consequently
denying its claims upon 111 in for support and
maintenance. The case was a snd one to lis
ten to nnd provoked regret in many minds
that it ever got Into court. The marital dif
ficulties which led to the divorce, and the
pain nnd sorrow of tho sundered family were
necessarily touched upon in this unfortunate
trial, and the recital enlisted the sympathies
of the people in a painful manner. Who wns
light and who wrong, It is not the function
of the reporter to determine. Upon that
question he has no opinion lo publicly ex
press. There was evidence given of a con
tract, lnado after the divorce, between the
parties, settling all tbelr monetary nintters,
leaving the little girl with Her mother ; and
giving the mother about two thousand dol
lais; but the lormer, Mrs. Iliuehart, (billed
knowledge of such an agreement, nnd oilier
witnesses showed her to have been suffering
nn Impairment ot mind at tho time of its al
leged making, thus invalidating and making
voidable the agreement, if ever made : ami
ns to the money paid, it was answered that
liineliart bad got more money from her when
ho married her than he paid hack under the
alleged agreement, nnd therefore, in right,
there wn no consltk ration to support tho
contract. If this agreement was upheld ns
valid, then the plaiiitrtl caso failed. Hut
there was another view which left the plnint
iff In an equally bad plight. It was contended
by counsel for Mr. Kinehnrt, and concurred
in by the court, that independent of the con
tract, the lady could not recover in any event
in this action, because the law will not per
mit a parent to recover for services rendered
a child, it being considered that such services
always How from natural affection nnd not a
pecuniary motive. To this it was answered
by the Counsel for the plaintiff that the prop
osition of law invoked did not apply to this
case, for the reason that Mrs. ltiuehart was
not trying to secure compensation from the
child or On child' estate, but, on the contrary,
was seeking to compel the chilli's natural pro
tector to do whnt tho law required all parents
to do, to wit : support their children. 'J he end
of the matter wa that the court adhered to
the opinion thnt the law was that a mother
could not support her own child and then
compel the father to pay for its support, al
though if an utler stranger had done so, he
could have it-covered, nnd tho case wns closed
bv tho court withdrawing it from the jury
and dee ding it, upon the- principle ot law
named, against Mis. Kineluut, and in favor
of Mr. Itlnehnrt. Harnett for plaintiff; nn.l
bponsler for defendant.
James Wbitiner r. Mary Ilnuies. This wa
nn action of ejectment It wns brought bv
plalntllf ngalnst Mrs. Haines, the widow of
the late Hon. Kirk Iinlnes, for the purpose of
securing possession of certain real property, a
liouso and lot In Mlllerstown, and a twelve
nere tract of fnrmlng land In Ureenwood
twp., which the plaintiff had purchased In nt
Sheriff's snle as tho property of bis debtor
Kirk Haines. In the tvlal of the cause, It ap
peared from the testimony of Mr. Thomns 1
Cochran that the Mlllerstown house and lot
belonged to Mrs. Haines, because, she bail
bought It and paid for It out of money which
Mr. Cochran had given to her asn gift, some
four thousand dollars, or thereabouts; and
therefore this action could not be maintained
as to that property, and the plnintiff could
not recover It. As to the 12-ncre tract, It
appeared that It was nindo up of two tracts,
ono of 5 neres and the other of 7 acres,
bought nt different times and from different
persons, and thnt so far ns the 5 acre
tract was concerned, it wns also the prop
erty of Mrs. Haines nnd could not be re
covered by plaintiff. The only question left,
for the jury, therefore, wns wlietherthe plain
tiff could acquire the 7 acre tract, nnd to that
question the lawyers directed tlinirarguments.
nnd tho court confiiivd his charge. The evi
dence showing when, how, and from whom
that tract was purchased, and whose money
paid for it, was voluminous and involved iii
some obscurity. And to make the matter
more difficult the weather was hot, nnd every
body told everybody else thnt euoh wns the
fact. And to statu the honest truth tho
weather was hot. The heat was overpower
lngly oppressive, uninterruptedly excessive,
nml prodigiously Intense. Not a breeze stir
red all the week, except such ns occasionally
springs up among the lawvers. until Saturdnv
afternoon when a cool zephyr strayed, stranger-like,
Into the court room 'and wns gracious
ly welcomed by what was left of sweltering
humanity. The effects of the bent were visi
hie on every hand, upon man chiefly in the
wonderful consumption of ice water and pro-
fliot Diipnnl ll :n 1 -1 ....
xit.-.u ont tii, in in c-uiiftmcxeii unit niiuut uu
barrels of ico water were consumed, and small
boys made quite a renny Iu following fat men
nlong the street scraping up the dropping
perspiration from the pnvemcnt and selling l
to tlm stores for tallow. One perspiring geir
tleman hnd his hair washed right off his head,
and our esthnnblo court crier is not himself
any more through having lost by the beat four
inches in the circumference of his abdomen.
It wns under such trying circumstances thnt
this last case on the list was tried ; and, when
alter deliberating several hours, the jury nt
Inst brought Into court their verdict, n great
sigh of relief went up from nil in attendance
that the long agony wns over, The verdict
was for tho plaintiff for tho 7 acre tract.
Sponsler for plaintiff ; beibeit and W. 11.
bponsler for defendant.
MISCELLANEOUS BUSINESS.
Common Plena.
A charter of incorporation was granted tho
Evangelical Lutheran Church at Dclville.
Harnett, attorney.
Joseph Lepparc, Fsq., nssignee of Levi
Sellers, was discharged from his trust by the
court. Harnett ntt'y.
A divorce proceeding was begun by Esther
Wright against James Wright. Totter, att'y.
A divorce proceeding was begun by John
II. K. Hoyer vs. Cnpitola Uoyefiu April last,
and snbptenn now is returned nihil, and an
uliiM subpoena is awarded, bponsler, att'y.
In the; divorce pioceeding of Laura J. Sny
der vs. HenryC. Snyder. Geo. Cary Tliarp
was appointed a commissioner to take tosti-
niony. Harnett, ntt'y.
Hoad Cases.
In re petition to lay out a private road
through land of Isaiah Carl in Oliver twp.,
Alfred Wright, Tlico. Miller and David E.
mi-linlic wi.i-a nnnr.iiitl it v!iw anil a cenrj
damages, ect. Harnett, att'y.
In re petition for viewers to lay out and al
ter the road from Everhnrt's garden fence to
the Fair Grounds in Oliver twp., upon remon
strance, bniiiucl Witherow, Samuel Fiavel
and John S. Hichey were appointed review
ers. Harnett, ntt'y.
In re of re reviewers to view; widen nnd
straighten a public road from Brady's Hollow
Turnpike to a point iu the public road in
Howe township, ect., their report was crn
iirmed nisi. Hotter, ntt'y.
In re petition for a bridge across Shcrmnn'a
Creek in Venn twp., John Hotter, Samuel
Hair, Ira Charles, (ico. Kepner, David Deck
nrd and Jacob Huck were appointed viewers,
bponsler, ntt'y.
In re petition for viewers to view a public
road from a point near house of Jas. Mem
inger to intersection of public road at the end
of Jas. S. l'eck's lane, John S. Wetzell, Alex.
Unrucs, nnd Wm. lvell were appointee view
ers. Harnett, att'y.
In re report of viewers appointed to view
and lay out a road from a point in Acker
lioad to a point near Jas. E. Stephens' old
barn, cel., the viewers' report was approved
and confirmed nisi. Potter, att'y.
In re report of viewers, ect., to view a
bridge over the Big Huffalo creek at Emman
uel Smith's property in Tuscarora twp., the
report of the viewers was approved by the
Hi-ami lnr.r atwl rvnifirmi-d fiutf. hv fli i Imir
In re report of viewers to vacate and alter
tile road leading from Center Church in Mad
ison twp., to Jas. Everhart's In Oliver twp.,
ect., between tho point of Intersection of tiie
road leading irom Waggoner's Mill to Sandy
1 1 ill and Geo. Wolf, Jr., in Saville twp.,-the
report of the viewers wns confirmed nisi.
Harnett, nty'y.
OIIPH AN 'S COURT.
The reports of the following auditors were
confirmed vim. H.I'. Mclntire, Esq., in re
estate of Jacob Ebtisoie, distributing pro
ceeds of decedent's estate anion? the heirs ;
Calvin Nelson, Esq., auditor In estate of Johu
Hhiver, deceased ; and Ed. li. Sponsler, Est;.,
auditor in estate of Adam Tower, deceased.
Geo. O. Snyder was discharged from his
trust as trustee for the widow in the estate
of John liuggins, deceased. McAllister,
attorney.
An order of sale to sell real estate to pay
dnlits in tbe -stato of Elias Albright, dee'd.
was granted to John Hair, administrator. .
Jlclntire, attorney.
Jas. K. Uarkey was appointed guardian of
(jaiUCSr. lJUl KC , U lllllH'l ovjh ui whihh j-mii-
key, deceased. Shu!!, attorney.
liebecca E. Foose, (nee WHIIr,) was ap
pointed guardian of Edward S. Willis, a min
or child of Koburt X. Willis, deceased. Har
nett, attorney.
An order of sale was awarded to Geo.
Mitchell, administrator of the estate of John
Grubb, deceased, to sell the real estate of de
cedent. Sponsler, attorney.
An order of sale for the purpose of paying
debts wns grantea in the estate of Geo, Gin
crieh, deceased, to Harry Ltindis, adminis
trator. Sponsler, attorney.
Wm. I. Lenker, administrator of tho es
tate of Mary Lenker, deceased, was discharg
ed from his trust. Sponsier, attorney.
Luther Steel, administrator of the estate of
John Steel, deceased, was discharged from
his trust. McAllister, attorney.
An order of sale for the sale of certain real
estate was granted to Kev. Johu Little, exe
cutor of the will of Hance Stewart, deceased.
Smiley, attorney.
An order of sale for the snle of certain real
estate was granted to J. W. Gantt, Esq., ex
ecutor ol the estaw oi Auaiu anupi, ticccaseu.
v. u.. bponsler,- niiutiiey .