vol.xxviii. county 7 i ix the river

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VOL.XXVIII. COUKV PKOCEEI INGS. K gultti* June Terin-Mniidttj Forenoon Session EBEXKBPKG, PA., June 2.? Court con- vened at 10 o'clock this forenoon with Hon. Robert L. Johnston on the bench. The Court appointed James Myers as the officer to attend upon juries and for general purposes until further order. John W. Tudor was appointed co stable to attend upon the Traverse Jury and Porter R Millet upon the Grand Jury. Joseph Lantzy was appointed Super- visor for Susquehanna township, in the place of Elias Driscoll. former Supervisor, lately deceased. the case of Commonwealth vs. Jacob Gates for surety of the peace was called. The defendant was ordered to enter into recognizuance in the sum of SIOO to keep the peace for one year and pay the costs of prosecution. In default of costs lie went to jail. The case of John Q. A. Chappel for surety of the peace was called. After hearing the evidence tiie Court ordered that the defendant enter into recogni- zance in the sum of *IOO to keep the peace one year, and to pay the co-t of prosecu- tion. He is in jail, not yet having fur- nished the required security. In the case of the Commonwealth vs. Edward Horner his recognizance was for- feited, he failing to appear, as was that of Margaret Hcrner, the prosecutrix, who also failed to appear. The case of the Commonwealth vs. Thomas Kingston, surety of the peace, the defendant was discharged, tne prose- cutor failing to appear. Joseph Widman, charged with surety of the peace, was required to enter into a rccoguizance in the sum of SIOO to keep the peace for one year, and to pay the costs of prosecution. He is now in jail in default of eosts. Samuel Eastgood, brought up for sutcty of the peace, was discharged, no prosecu- tor appearing. The recognizance of Conrad Gerhart was forfeited, lie having failed to ap- pear. Court then adjourned until 2 o'cloek. AFTERNOON SESSION. Tne case of the Commonwealth vs. Ed ward D. Stork, suiely of peace, came up next. When the Court had heard the case it ordered that the defendant and the prosecutois, Mary J. Stork and George Stork, p: y the costs jointly, each to pay one-thira,and to enter into recognizance to keep the peace toward one another and the rest of the wor'd. The case of the Commonwealtn v>. Margaret Doyle, surety of the peace, Felix Doyle, piosecutor, was heard by the Court. Defendant and prosecutor order- ed to pay the costs jointly, and the de- fendant to enter into recognizance. On motion of A. V. Barker, Esq., Jeffer- son Harrison was admitted specially as an attorney of this Court and was sworn in as such. Patrick McCann, James Dunn, Adam Nickle, John Kezniski, John Rude', Jacob Midler, Robert Kirshner, Dennis Sullivan and John Sullivan wi re naturalized. The bar list was then called : John Finlon. In case of Alice Mcintosh vs. John Erb, bail of Thomas Brown, judgment on re- turn of two nihils. George M. Beetle. T. W. Dick, Esq., appointed Com missioner to take testimony in the matter of the citation on heirs (f John Wcstover, deceased. Jonathan Custer, executor of Jacob Stiffler, discharged on his paying SBB to Mary Stiffler, the sole legatee. Alfred Ileslop appointed committee aud bond tiled in the matter of the habitual drunkenness of Joseph Heslop. Rule granted on Jacob R. Troxell in the matter of a private road for whicli lie petitioned, to show why lie should not pay costs. John P. [Anton. Petition for the abolition of the South Fork Independent School District. Rule granted to show cause, returnable at Argument Court. Citation on John Burket, guardian of Bella Verga, to lile an account by the first Monday of next July. Petition of Samuel Dibert for a citation on Martha Dibert, administratrix of John Dibert, who was trustee forsaleof certain real estate for petitioner. Citation awarded and account to be filed not later than the first Monday of July next. Decree made on petition for perfor- mance of a contract made by David Dibert with L. M. Bowman, relating to sale of land in Johnstown. A similar decree made in relation to a contract between David Dibert, deceased, and Virginia Rice. F. A. Shoemaker. In the case of Armina Baum vs. Jona- than Baum, libel in divorce, William H. Sechler, Esq , appointed Commissioner. In the case ot Florian Bengele vs. Louis Smith, issue awarded to determine owner- ship of certain property. T. W. Dick. His own report as Auditor in the estate of William A. Roger, deceased. Con- firmed. His own report as Auditor to destribute the balance in the hands of Thomas D. Evans, one of the executors of Daniel E. Evan, (Weaver), deceased. Confirmed. His own report as Commissioner to take testimony and report decree in the ca-e of Lizzie A. Gill by her next friend Thomas Evans vs. Lemuel D. Gill, libel in divorce. Reyort filed. W. H. Sechler. Petition of the several minor children of Sliti'da Smith, deceased, for the ap pointment of a guardian. F. N. Burk, appointed. Tavern license granted to Neil McGlade, ransferred to W. E. Nash. In the estate of Ehas Hoffman, de- ceased, return to an order of sale, setting forth that the property was sold to Josephine Hoffman, widow of the de- ceased, for #5lO. and asking cotuirmn- tion. Confirmed. In the case of executors of Joseph Miller, de eased, vs. Edward McGlade et al.. petition for an order to give bond and release certain property from the charge of the Sheriff, rule was granted to show cause. Judgment ordered for want of affidavit of defense in the ca-e of John M. Weak- land vs. Wui. H. German. ft. L. George. In the case of Henry M. Horn vs. Car >. line Horn, libel in divorce, plurius sub- puma awarded and order of publication made. ?lamb Zimmerman.. Hiram Orris appointed guardian of Emma Dimoi d. Order granted to George Niteh, Admin- istrator of Peter Nitcb, late of Cambria borough, deceased, to make private sale of the real estate (f the decedent for pay- ment of debts. Partition awarded in the matter of the petition of N. B. Swank, Administrator of Jacob Swank, deceased, for the divis- ion of certain rea' estate in Johnstown. E. G. Kerr. Petition of citizens of Portage township asking for the incorporation of the town of Portage into a borough. Referred to Grand Jury. Alvin Evans. Return of Win. F. Diller, Administrator of Rev. A. P. Diller, deceased, setting forth that the property had been sold to A. V. Barker, Esq.. for $15,700, and ask- ing confirmation. Confirmed. Return of Jessie H. Dimond, assignee of John and Lucinda McCormick, asking for an alias order of sale. Order granted. His own leport as Additor in the mat- ter of John T. Long, Administrator of Dr. W. H. Barnctt, deceased. Report cynfirmed. John 11. Proton. Petition for an order of sale in the es fate of Henry Pritchard, deceased, for the payment of debts. Order granted. Same action in the matter of the estate ot C. Elseaser, deceased. Return to an order of sale in Hie estate of William Layton, deceased, stating that the property was sold to Herman Baumer for $5,258.50. Confirmed. Return to an order of sale in the estate of Joseph R. Moore, deceased, setting tortli 'liat the property had been sold to Mary Goughnour for $925. Sale con- firmed. James M. Walters. Return of the viewers in the matter of widening Locust street Filed. Return of viewers in the matter of widening Clinton street in the Third ward of the city of Johnstown. Fded. His own report as auditor to distribute the fund in the hands of Andrew Yeagley, deceased, assignee of Hugh Greenwood and wife, among those entitled to it. Con- firmed nisi. Petition of R. H. Pike, guardian of Anna M. and George M. Pike, for an allowance for said wards. Allowance of stl per month for former, $lO for latter, granted. , 11. IT. Storey. A. E. Somerville, George Spangler and Clias. Ogle appointed viewers to locate bridge site at Coopersdalc. George Stut/.man, Jacob Singer and Clias. Ogle appointed viewers to lay out a public road in West Taylor township con. necting with a certain road in Indiana county. Order granted to John Ludwig, guar- dian of the children of Ilenry Ludwig, to sell the interest in certain real estate at private sale. Petition of citizcus of West Taylof township asking to be annexed to Coop- ersdale borough, was referred to the Grand Jury. Petition of minor children ot Mary C. Loughry, deceaeed, late of West Taylor township, asking for the appointment of a guardian. Order of publication granted in the case of Belle Dunford vs. Samuel Dunforil, libel in divorce. His own report as Auditor in the estate of Susan and Charles C. McMuilen. Co®, firmed nisi. O'Connor Bros. E. O. Fisher appointed guardian on petition of Mrs. Ella Potts, a minor child of Henry Reiking. Licence of Henry Graffus, of Summer- hill, transferred to Henry F. Bernd. Petition of minor children of John JOHNSTOWN, CAMBRIA COUNTY PA., FRIDAY, JUNE 6, 189CP larceny. Commonwealth vs. Charles Chappel and Reuben Smith, assault and battery. Commonwealth vs. A'ilcs Grubb, aggra- vated assault and battery. Commonwealth vs. Joseph Donahue, fornication ai d bastardy. Commonwealth vs. Mary Stork, aggra- vate! assault and battery. Commonwealth vs. Wm. Nicholson, larcency ar,<t rcceiving stolen goo Is three indictment!. The following bills were iguored by the Grand Jury. Commonwealth vs. John Pfleiger, mur- der. Commonwealth vs. Joseph Wherry, burglary. A nolle prosequi was entered to each of the tollowiig cases: Commonwealth vs. Julie s Kalin, Com- monwealth vs. B. Goldstein, Common- wealth vs. Chas. E. Schappire, Common- wealth vs Sylvester Cruso. Common- wealth vs. A. J. Walters, Commonwealth vs. August Saltzgiver, Commonwealth James NulL WEDNESDAY SESSION. lii the case against Thos, A. Brown for embezzlement the jury found him guilty in manner and form as indicted. In the ease of the Commonwealth vs. Maggie Miller for assault and baltery the jury fouud lier not guilty as indicted, but to pay one half the costs, the prosecutor. Nicholas Wolf, to pay the other half. In the case of the Commonwealth vs. Joseph Wherry, for larceny of a horse be longing to Joseph Horner, of Wil.uore, the jury found him guilty. In the case of Charles Chappel and Reuben Smith, charged with assault and batter. J. Q. A. Chappel, prosecutor, the jury found the defendants not guilty and that the county pay the costs. The de- fendants were accordingly discharged. Recognizance of Edward Stork ac- cepted and filed in the sum ot #IOO to keep the peace for one year. The case o' the Commonwealth vs. John Copenhaver, embezzlement was then taken up. Copenhaver was charged with appropriating money to liis own use while serving in the capacity of clerk in a drug store at Hastings. His case occupied the attention of court till the noon adjourn- ment. THURSDAY AFTERNOON SESSION. On motion of Jas. M. Walters, Esq., Patrick Flalurty appointed guardian of Chas. C. llecker, and Edward Flaherty appointed guardian of Nellie O'Farn. The case against John Copenhaver was resumed. The books and accounts for about five months of the business were all presented in evidence making the trial long aud tedious. The case was oc- cupying the attention of the court at 3:30, when this report c'oscd. THE GRAND JURY. The Grand Jury found true bills in the following cases in addition to these pre- viously reported. Commonwealth vs James Sarver, lar- ceny. Defendant pleaded guilty. Commonwealth vs. Stephen Suloch, Paul Jailer, and Andrew Schonoski, riot. Commonwealth vs. Clement McGough, disturbing a religious meeting. Sentenced to pay #lO aud costs. Commonwealth vs. Clement McGough, carrying concealed weapons. Molle prose- qui entered on payment of costs. Commonwealth vs. James Sarver, en- tering a dwelling house with intent to commit a felony. Defendant pleaded guilty. Commonwealth vs. Bird Davidson, murder. Commonwealth vs. William Benouger, burglary. Commonwealth vs. Herman Molcn, lar- ceny and receiving stolen goods. De- fendant pleaded guilty. Commonwealth vs. Herman Moleu, for- gery. Defendant pleaded guilty. Commonwealth vs. John Copenhaver, larceny and rireiving stolen goods; also on another indictment for embezzle- ment. Commonwealth vs James lloddie. ag- gravated assault and battery and assault and battery. Commonwealth vs. Michael Broderick same charges. Pleaded guilty. Sen- tenced to pay a fine of #3O and thirty days in the county jail. Commonwealth vs. William Baldwin, assault and battery. Pleaded guilty and sentenced to pay a fine of #lO nnd costs. Commonwealth vs. Patrick Manton and John McDonald, murder. Commonwealth vs. Patrick Manton and John McDonald, arson. Commonwealth vs. Thomas A Brown, three charges for fraudulently altering a written instrument. Commonwealth vs. Thomas A. Brown, two charges for fraudulently altering a written instrument. Another indictment against the same on the same charge. Commonwealth vs. Louis Fulmer, for- nication and bastardy. Commonwealth vs. James Morris, re- sisting an officer. Defendant pleaded guiltly and was sentenced to pay a fine of #lO and one month in jail. Commonwealth vs. James Morris carry- ing concealed weapons. Pleaded guilty. | Sentenced to pay a fine of $lO and costs. ! Commonwealth vs. Elsworth Thomas. | criminal assault. Commonwealth vs. Thomas McGold- crick, stoning cars. Sentenced to pay costs and one month in jail. Commonwealth vs. I eter McGougb, pointing a pistol. Commonwealth vs. Peter McGougb, carrying concealed and deadly weapons. Among the matters disposed of at the call of the Attorney's list were the follow- ing : Petition for viewers to lay out a public road from Frugality to Asbville. J. A. Shoemaker, Dennis Cawley, and Joseph Van Ormer appointed. Report of viewers on site for bridge over the Clearfield creek in Gallitzin township. Referred to the Grand Jury. Report of viewers to view site for a new bridge over the Conemaugh at Suin- rocrhill, filed and referted to Gtand Jury. Petition of John Gaffncy, guardian of Peter Gaffney, to be allowed to join the heirs in the sale of ceitain real estate. Order granted. Petition of Patrick McAneny to be al- lowed to join with the other heirs of Neil McAneny, deceased, in die sale of certain real estate. Order granted. Jacob Singer, John S. Blougb, and S. W. Miller, appointed viewers to locate a new bridge over the Stonycreek between Upper Yoder and Stoycreek townships. MAIL AND EXPRESS FEND. Report of the Cominitt e .Appointed to OlHtribute It. The Committee appointed to distribute the Mail ami Expren* fund report as fol- lows : We, the Cimmittee appointed to dis- tribute the Mail and Express fund, have finished the work assigned lis. We have labored faithfully and conscientiously to do justice to nil. That we might be able to do this we have spared neither time nor labor. Going over the circumstances of all the applicants as they gave them to the Committee, and seeking inform ition from others as far as our time aud op- portunity would allow, we distributed to these who appealed to be the most needy. More than two thousand persons made application and over one thousand were granted relief. That we have made mis- takes is probable, but we are convinced that we have done the best possible under the circumstances. Comparatively few of the persons granted assistance were personally known to us, no questions were asked as to church connection, a.id we made eo appropriation to ourselves or personal relatives. We have done the work without receiviug or expecting any pecuniary reward, and if we have failed to do the best possible in every ease, we mot t sincerely regret it. Following is the summary of our work : The Mail and htipress tuutl amounted to $17,>4 55 35 persons received sl6 50 each $ 5,874 00 584 persons received sl7 each 9,938 00 2 persons received S6O each... 130 00 43 rersons receivedsßo each.. 1.360 00 69 persons received $lO each.. 690 oo 6 persous received $7 to sls each so 00 Expenses ?stationary and postage 33 55-$17,H74 55 Number or persons aided, 1,059. [Signed] DAVID J. ISKAI.E, JAMES P. TAHANEV, HENRY 1,. CHAPMAN. ANOTHER BODY FOUND. The Search Force Uncovers Another Flood Victim Yesterday. Yesterday afternoon a body was found near the abutment of the Point bridge in the Conemaugh River at the south edge of tlie stream. It was discovered by Srnay's force of searchers for the dead. Word itas sent to the morgue authorities, and a wagon was sent for the body. It was taken to the morgue, coffined and buried, as all that are found now are. The description is as follows: 549, male, height about six feet, black vest, pahts and coat, white or gray knit underwear, gray or black socks, about No. 8 Congress gaiters, black or brown derby bat, p ick- etbook containing a quarter, a dime and a nickel, small biack-handJc knife. Don'ta For Men. Don't cnTry valuables in youi outer coat. Don't make too great a displny of your jewelry. Don't go into a crowd with vour outer cont unbuttoned. Don't forget that you are just as likely as anybody else to be the victim of pick- pockets. Don't carry money in the pocket on the right-hand side of your trousers; pick- pockets expect to find money there. \u2666 \u2666 Married anil Departed in Haste. WASHINGTON, Pa., June 5.?A young couple, W. M. Barhour, of Hanover town- ship, and Miss Clara A. Shumnker, of Bedford county, did some active moving about here yesterday in order to get mar- ried and catch a certain train to their fu- ture home in Hanover township. 'Squire Donahoo was not in his office. The im- patient young people waited for some time, but finally become so restless that they went to the 'Squire's house, where tha ceremony was performed. They had nine minutes in which to make the train, and succeeded in doing so. i Brady, deceased, late of Johnstown bor- ! ougli, to have guardian appointed. : Thomas F. Brady appointed. ! Petition of E. O. Fisher, guardian of Mrs. Ella Potts, for an order to sell certain real estate at public or private sale. Order granted. Answer to r lie on Mrs. Bridget Woods to show why she should not be removed as guardian of minor children of James Sullivan. Put on argument list. Rule on John Thomas & Sous to show cause why a judgment of non pros, taken agaiHst Mrs, Jane Gahegau should not be stricken from the record. Rule returna- ble immediately. Rule granted. Petition of Harry M. Benshoff as Ad- ministrator to sell certain renl estate in Johnstown. Granted. Robert E. Creswell, Esq., appointed Commissioner to take testimony and re- port a decree in the case of Eliza Boles vs. John J. Boles, libel in divorce. M. B. Stevens, Esq , appointed Com- missioner to take testimony and report decree in the case of Gustav Burger vs. Mrs. Burger, libel in divorce. Robert E. Creswell, Esq., appointed Commissioner to take testimony and re- port decree in the case of Alice Kelly vs. William Kelly, libel in divorce. Petition of Annie McKenzie for her ap- pointment as enmmittee of Chas. L. McKenzie, a lunatic. Appointment made. In the case of Samuel J. Buck, charged with fornication and bastardy, a node prosequi was entered, on payment o'' costs by defendaut. The case of tue Commonwealth vs. Joseph Anderson, for the same charge, was continued, Donald E. Dufton. Writ of partition in the estate of Jona- than Kearney, deceased, returned by the Sheriff. Confirmed. In the matter of Asoph W. A. Cliaplin vs. P. Flin and others, in equity attach- ment on the plaintiff for costs. Horace R. Roee. Two reports of W. Horace Rose, Esq., Auditor in the estate of Wm. 11. Rich- ards. Confirmed nisi. Return to an order of sale in the estate of Peter E. Phillips, deceased, and petition lor an alias order. Petition granted. Frank P. Martin. His own report as auditor to distribute in the hands of Eben James, Committee of Robert J. Williams, a lunatic. Con- firmed. His own report to an order of sale in the estate of Catharine Keelan, setting forth that he sold the property to Richard Howe and Patrick McLaughlin for $1,566. Confirmed. In tin case of Mr.ry Tearpeck vs. John Tearpeck, libel in divorce, Robert E. Cresswell, Esq., appointed Commissioner. In the case of Mary Harris vs. D. J. Harris, libel in divorce, plurius subpiena awarded. Return to an order of sale in the estate of Hugh Mctilory, setting f >rth that the right, title and interest of Catharine McGlory was sold t > Patrick Boyle for #1,125. Confirmed. M. B. Stephen. Application of the citizens of the village of Morrellville, asking incorporation into a borough, was referred to the Grand Jury. Discharge of James King as Adminis- trator of Charles E. Hallan, granted. Ed. T. McNeeli*. Petition of Rev. Jas. P. Tubaney in the case of James McMillen vs. Jas. P. Ta- haney, for rule to show cause why judg- ment should not be opened. R. K. Cremell. His own report as Commissioner to take testimony in the case of Catharine Statler vs. Sanford Statler, l'bel in divorce. Re- port filed. ? TUESDAY FORENOON SESSION. EBBNSBVRG, PA., Jnne 8, 1890.-- -Court assembled at 9 o'clock this morning, Judge Johnston on the bench. The first jury trial was culled ; it was the Commonwealth vs. Thomas A. Brown for embezzlement. .Mr. Brown was col- lector of school taxes in Washington township for 1889, and is charged with having mis-appropriated about #9OO of the money. The prosecutor is the Wash- ington township school district. The case occupied the attention ot the Court until noon adjournment. TUESDAY AFTERNOON SESSION. Court convened at 2 o'clock, Ephraira Findley appointed guardian of John W., Harvey and May Edith Loughry, minor children ofM . C. Loughry. Louis Escher was naturalized. The embezzlement case against Thos. A. Brown was then lcsumbcd It was occupying the attention of the Conrt at 3:80 o'clock when this report closes. THE GRAND JURY. Up to the time of this report the Grand Jury, Adam Huebner, foreman, found true bills in the following cases : Commonwealth vs. Crittopher Mechlin, seduction. Commonwealth vs. Thomas A. Brown, embezzlement. Commonwealth vs. John Pfleiger, as sault and battery. Commonwealth vs. Maggie Miller, ag- gravated assault and battery. Commonwealth vs. Joseph Wherry, NO. 7 FOUND IX THE RIVER. A MAN'S UOIJV IMSCOVKKED IN THE CONEMAI'OH I. AST EVENING A BOUT EIVE O'CLOCK. Jeremiah Lynch, uf the Fourteenth Ward, Found Ocnd in the Klver, After an Ab- sence of Several Days?No Alarm Be. cause He Was Thought to He Out of the City. Jeremiah Lynch, a young man, of tho Fourteenth ward, formerly Mintrsville, after having been at work during last Monday, accompanied an acquaintance to the Pennsylvania Kail road Station, about 5 o'clock in the afternoon, who took the train. Since then his friends have heard nothing of h'm until his dead body was found by Mr. James Dyson last evening about 5 o'clock in the river, a short distance above the site of the old bridge connecting Millville and Cambria borough. At 11 o'clock Monday night he was seen in a house on Iron street, and at a later hour he was in the Company's water closet, where at a still later Lour his hat was tound. It was but a shot t distance from this place that his body was recov- ered. At this same place about seven years ago he met with an accident on the Cambria Iron Company Railroad by which he lost one of his legs. The fan ily were not alarmed at his ab- sence from home, thinking that, he had goue to Pittsburgh to get a new artiticial leg, which he had ordered some time ago, and which was supposed to be ready for him. And the first information they re- ceived was fie intelligence of the finding of his body last evening. He was born in Wales of Irish parents twenty-six years ago, and the family came to this place when he was aged five years. His father, Michael Lynch, died nearly three years ago. For many years the sub- ject of this notice worked in the rail de portment of the Cambria lion Company under T. P. Keedy, and was an indus- trious and inoffensive young man, having many friends in this commnnity. He is survived by ids mother. Mrs. Bridget Lynch, two sisters, Mary and Kate, .xnd a brother, Michael, who reside in the Fourteenth ward, and by two broth- ers, Daniel and John, who are at Port Royal. South Carolina. REFUSED A NON SUIT. Jurtg White Wishes to Hear all tie Kvi- ?lpucc, The evidence on belialt of the plaintiff in the suit of Tarbell against the P. R. R. was all in tuis morning and counsel an- nounced that t'lcir cae would close. The attorneys for the railroad at ouce moved the Court to enter judgment of compulsory non-suit for the following reasons : First?That no evidence had been pro- duced showing that the railroad company had not taken every reasonable precau- tion and exercised the best care to pro- vide for the safety of its passengers. Second?That no negligence has been si own. Third -That the place at Conemaugh where the two sections of the Day Ex- press were located, was considered by all to be tlie safest that was then within the reach of the Railroad Company. Fourth ?That the fiood was a visitation of Providence, and was of such an extent and so enormous that neither human judgment nor the best of care could either anticipate or provide against it. Judge White heard the application and stated at once that he would ret use the uou-suit, as he preferred to hear all the evidence in the case before deciding the questions raised in the motion. The trial then proceeded. FIVE IN FIVE HOURS. LigKtuiiiK Divorces In Indiana County, Granted ly Judge Harry White'* Sub- stitute. INDIANA. PA., June s.? Don't quote lightning Cuicago divorces to Indiana any more. On Tuesday Judge Bacr, of Somerset, held court for Judge Harry White, and inside of five hours granted five divorces. The causes for connubial separation were principally the " old, old story " ?incompatibility, desertion, loved another girl over the hill, and grew in- fatuated with a handsome man, and also, naturally, " undue intimacy with some one in the marriage bans." Another Drowning. A son of Mr. Anthony Conway, of Morrellville, was drowned in the river, opposite thj Johnstown Manufacturing. Company's brickyard, on Wednesday evening. In company with several ether boys of about his own age?nine years?- he was taking a bath, when after swim- ming across the river, he lost control of himself by diving after a mouth organ that he had dropped. In a short time he was drowned, and by dragging the river for half an hour his body was recovered and taken to his home in Morrellville. The funeral will take place this morning at 9 o'clock, where interment will be made in tlie Lower Yoder Catholic Cemetery. i Subscribe for the DEMOCRAT.

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Page 1: VOL.XXVIII. COUNTY 7 i IX THE RIVER

VOL.XXVIII.

COUKV PKOCEEI INGS.

K gultti* June Terin-Mniidttj ForenoonSession

EBEXKBPKG, PA., June 2.? Court con-

vened at 10 o'clock this forenoon withHon. Robert L. Johnston on the bench.

The Court appointed James Myers as

the officer to attend upon juries and forgeneral purposes until further order.

John W. Tudor was appointed co stableto attend upon the Traverse Jury and

Porter R Millet upon the Grand Jury.

Joseph Lantzy was appointed Super-

visor for Susquehanna township, in theplace of Elias Driscoll. former Supervisor,

lately deceased.the case of Commonwealth vs. Jacob

Gates for surety of the peace was called.

The defendant was ordered to enter intorecognizuance in the sum of SIOO to keep

the peace for one year and pay the costs of

prosecution. In default of costs lie went

to jail.The case of John Q. A. Chappel for

surety of the peace was called. Afterhearing the evidence tiie Court ordered

that the defendant enter into recogni-

zance in the sum of *IOO to keep the peaceone year, and to pay the co-t of prosecu-tion. He is in jail,not yet having fur-

nished the required security.

In the case of the Commonwealth vs.

Edward Horner his recognizance was for-feited, he failing to appear, as was thatof Margaret Hcrner, the prosecutrix, whoalso failed to appear.

The case of the Commonwealth vs.

Thomas Kingston, surety of the peace,the defendant was discharged, tne prose-cutor failing to appear.

Joseph Widman, charged with surety

of the peace, was required to enter intoa rccoguizance in the sum of SIOO to keep

the peace for one year, and to pay thecosts of prosecution. He is now in jailin default of eosts.

Samuel Eastgood, brought up for sutcty

of the peace, was discharged, no prosecu-tor appearing.

The recognizance of Conrad Gerhartwas forfeited, lie having failed to ap-pear.

Court then adjourned until 2 o'cloek.AFTERNOON SESSION.

Tne case of the Commonwealth vs. Edward D. Stork, suiely of peace, came upnext. When the Court had heard thecase it ordered that the defendant and theprosecutois, Mary J. Stork and GeorgeStork, p: y the costs jointly,each to payone-thira,and to enter into recognizance to

keep the peace toward one another andthe rest of the wor'd.

The case of the Commonwealtn v>.

Margaret Doyle, surety of the peace,Felix Doyle, piosecutor, was heard by theCourt. Defendant and prosecutor order-ed to pay the costs jointly,and the de-fendant to enter into recognizance.

On motion of A. V. Barker, Esq., Jeffer-son Harrison was admitted specially as an

attorney of this Court and was sworn inas such.

Patrick McCann, James Dunn, AdamNickle, John Kezniski, John Rude', JacobMidler, Robert Kirshner, Dennis Sullivanand John Sullivan wi re naturalized.

The bar list was then called :

John Finlon.In case of Alice Mcintosh vs. John Erb,

bail of Thomas Brown, judgment on re-

turn of two nihils.George M. Beetle.T. W. Dick, Esq., appointed Com

missioner to take testimony in the matter

of the citation on heirs (f John Wcstover,deceased.

Jonathan Custer, executor of JacobStiffler, discharged on his paying SBB to

Mary Stiffler, the sole legatee.Alfred Ileslop appointed committee aud

bond tiled in the matter of the habitualdrunkenness of Joseph Heslop.

Rule granted on Jacob R. Troxell inthe matter of a private road for whicli liepetitioned, to show why lie should not

pay costs.

John P. [Anton.

Petition for the abolition of the SouthFork Independent School District. Rulegranted to show cause, returnable at

Argument Court.Citation on John Burket, guardian of

Bella Verga, to lile an account by the firstMonday of next July.

Petition of Samuel Dibert for a citationon Martha Dibert, administratrix of JohnDibert, who was trustee forsaleof certainreal estate for petitioner. Citationawarded and account to be filed not laterthan the first Monday of July next.

Decree made on petition for perfor-mance of a contract made by DavidDibert with L. M. Bowman, relating to

sale of land in Johnstown.A similar decree made in relation to a

contract between David Dibert, deceased,

and Virginia Rice.F. A. Shoemaker.In the case of Armina Baum vs. Jona-

than Baum, libel in divorce, William H.Sechler, Esq , appointed Commissioner.

In the case ot Florian Bengele vs. LouisSmith, issue awarded to determine owner-ship of certain property.

T. W. Dick.His own report as Auditor in the estate

of William A. Roger, deceased. Con-firmed.

His own report as Auditor to destribute

the balance in the hands of Thomas D.Evans, one of the executors of Daniel E.Evan, (Weaver), deceased. Confirmed.

His own report as Commissioner to

take testimony and report decree in theca-e of Lizzie A. Gill by her next friendThomas Evans vs. Lemuel D. Gill, libelin divorce. Reyort filed.

W. H. Sechler.Petition of the several minor children

of Sliti'da Smith, deceased, for the appointment of a guardian. F. N. Burk,

appointed.Tavern license granted to Neil McGlade,

ransferred to W. E. Nash.

In the estate of Ehas Hoffman, de-ceased, return to an order of sale, setting

forth that the property was sold to

Josephine Hoffman, widow of the de-ceased, for #5lO. and asking cotuirmn-tion. Confirmed.

In the case of executors of JosephMiller, de eased, vs. Edward McGlade

et al.. petition for an order to give bond

and release certain property from thecharge of the Sheriff, rule was granted to

show cause.Judgment ordered for want of affidavit

of defense in the ca-e of John M. Weak-land vs. Wui. H. German.

ft. L. George.In the case of Henry M. Horn vs. Car >.

line Horn, libel in divorce, plurius sub-puma awarded and order of publication

made.?lamb Zimmerman..Hiram Orris appointed guardian of

Emma Dimoi d.Order granted to George Niteh, Admin-

istrator of Peter Nitcb, late of Cambriaborough, deceased, to make private sale

of the real estate (f the decedent for pay-ment of debts.

Partition awarded in the matter of thepetition of N. B. Swank, Administratorof Jacob Swank, deceased, for the divis-ion of certain rea' estate in Johnstown.

E. G. Kerr.Petition of citizens of Portage township

asking for the incorporation of the town

of Portage into a borough. Referred to

Grand Jury.

Alvin Evans.Return of Win. F. Diller, Administrator

of Rev. A. P. Diller, deceased, setting

forth that the property had been sold to

A. V. Barker, Esq.. for $15,700, and ask-ing confirmation. Confirmed.

Return of Jessie H. Dimond, assignee

of John and Lucinda McCormick, asking

for an alias order of sale. Order granted.

His own leport as Additor in the mat-

ter of John T. Long, Administrator of

Dr. W. H. Barnctt, deceased. Report

cynfirmed.John 11. Proton.

Petition for an order of sale in the es

fate of Henry Pritchard, deceased, for the

payment of debts. Order granted.

Same action in the matter of the estateot C. Elseaser, deceased.

Return to an order of sale in Hie estate

of William Layton, deceased, stating

that the property was sold to HermanBaumer for $5,258.50. Confirmed.

Return to an order of sale in the estate

of Joseph R. Moore, deceased, setting

tortli 'liat the property had been sold to

Mary Goughnour for $925. Sale con-

firmed.James M. Walters.Return of the viewers in the matter of

widening Locust street Filed.

Return of viewers in the matter ofwidening Clinton street in the Third wardof the city of Johnstown. Fded.

His own report as auditor to distributethe fund in the hands of Andrew Yeagley,

deceased, assignee of Hugh Greenwoodand wife, among those entitled to it. Con-firmed nisi.

Petition of R. H. Pike, guardian ofAnna M. and George M. Pike, for an

allowance for said wards. Allowance ofstl per month for former, $lO for latter,granted.

,

11. IT. Storey.A. E. Somerville, George Spangler and

Clias. Ogle appointed viewers to locatebridge site at Coopersdalc.

George Stut/.man, Jacob Singer andClias. Ogle appointed viewers to lay out a

public road in West Taylor township con.

necting with a certain road in Indianacounty.

Order granted to John Ludwig, guar-dian of the children of Ilenry Ludwig,to sell the interest in certain real estate at

private sale.Petition of citizcus of West Taylof

township asking to be annexed to Coop-ersdale borough, was referred to the GrandJury.

Petition of minor children ot Mary C.Loughry, deceaeed, late of West Taylortownship, asking for the appointment ofa guardian.

Order of publication granted in the caseof Belle Dunford vs. Samuel Dunforil,libel in divorce.

His own report as Auditor in the estateof Susan and Charles C. McMuilen. Co®,

firmed nisi.O'Connor Bros.E. O. Fisher appointed guardian on

petition of Mrs. Ella Potts, a minor childof Henry Reiking.

Licence of Henry Graffus, of Summer-hill, transferred to Henry F. Bernd.

Petition of minor children of John

JOHNSTOWN, CAMBRIA COUNTY PA., FRIDAY, JUNE 6, 189CP

larceny.

Commonwealth vs. Charles Chappel andReuben Smith, assault and battery.

Commonwealth vs. A'ilcs Grubb, aggra-

vated assault and battery.

Commonwealth vs. Joseph Donahue,fornication ai d bastardy.

Commonwealth vs. Mary Stork, aggra-vate! assault and battery.

Commonwealth vs. Wm. Nicholson,

larcency ar,<t rcceiving stolen goo Is threeindictment!.

The following bills were iguored by theGrand Jury.

Commonwealth vs. John Pfleiger, mur-

der.Commonwealth vs. Joseph Wherry,

burglary.A nolle prosequi was entered to each of

the tollowiigcases:Commonwealth vs. Julie s Kalin, Com-

monwealth vs. B. Goldstein, Common-wealth vs. Chas. E. Schappire, Common-wealth vs Sylvester Cruso. Common-wealth vs. A. J. Walters, Commonwealthvs. August Saltzgiver, CommonwealthJames NulL

WEDNESDAY SESSION.

lii the case against Thos, A. Brown forembezzlement the jury found him guiltyin manner and form as indicted.

In the ease of the Commonwealth vs.

Maggie Miller for assault and baltery thejury fouud lier not guilty as indicted, butto pay one half the costs, the prosecutor.

Nicholas Wolf, to pay the other half.In the case of the Commonwealth vs.

Joseph Wherry, for larceny of a horse belonging to Joseph Horner, of Wil.uore,

the jury found him guilty.In the case of Charles Chappel and

Reuben Smith, charged with assault andbatter. J. Q. A. Chappel, prosecutor, thejury found the defendants not guilty andthat the county pay the costs. The de-fendants were accordingly discharged.

Recognizance of Edward Stork ac-

cepted and filed in the sum ot #IOO tokeep the peace for one year.

The case o' the Commonwealth vs. JohnCopenhaver, embezzlement was thentaken up. Copenhaver was charged withappropriating money to liis own use whileserving in the capacity of clerk in a drugstore at Hastings. His case occupied theattention of court till the noon adjourn-

ment.

THURSDAY AFTERNOON SESSION.

On motion of Jas. M. Walters, Esq.,Patrick Flalurty appointed guardian ofChas. C. llecker, and Edward Flahertyappointed guardian of Nellie O'Farn.

The case against John Copenhaver was

resumed. The books and accounts for

about five months of the business were

all presented in evidence making the

trial long aud tedious. The case was oc-

cupying the attention of the court at 3:30,

when this report c'oscd.THE GRAND JURY.

The Grand Jury found true bills in thefollowing cases in addition to these pre-viously reported.

Commonwealth vs James Sarver, lar-ceny. Defendant pleaded guilty.

Commonwealth vs. Stephen Suloch,

Paul Jailer, and Andrew Schonoski,

riot.Commonwealth vs. Clement McGough,

disturbing a religious meeting. Sentencedto pay #lO aud costs.

Commonwealth vs. Clement McGough,carrying concealed weapons. Molle prose-qui entered on payment of costs.

Commonwealth vs. James Sarver, en-

tering a dwelling house with intent to

commit a felony. Defendant pleadedguilty.

Commonwealth vs. Bird Davidson,

murder.Commonwealth vs. William Benouger,

burglary.Commonwealth vs. Herman Molcn, lar-

ceny and receiving stolen goods. De-fendant pleaded guilty.

Commonwealth vs. Herman Moleu, for-gery. Defendant pleaded guilty.

Commonwealth vs. John Copenhaver,larceny and rireiving stolen goods; also

on another indictment for embezzle-ment.

Commonwealth vs James lloddie. ag-gravated assault and battery and assaultand battery.

Commonwealth vs. Michael Brodericksame charges. Pleaded guilty. Sen-tenced to pay a fine of #3O and thirtydays in the county jail.

Commonwealth vs. William Baldwin,assault and battery. Pleaded guiltyandsentenced to pay a fine of #lO nnd costs.

Commonwealth vs. Patrick Manton andJohn McDonald, murder.

Commonwealth vs. Patrick Manton andJohn McDonald, arson.

Commonwealth vs. Thomas A Brown,three charges for fraudulently altering awritten instrument.

Commonwealth vs. Thomas A. Brown,two charges for fraudulently altering a

written instrument. Another indictmentagainst the same on the same charge.

Commonwealth vs. Louis Fulmer, for-nication and bastardy.

Commonwealth vs. James Morris, re-

sisting an officer. Defendant pleadedguiltly and was sentenced to pay a fine of#lO and one month in jail.

Commonwealth vs. James Morris carry-ing concealed weapons. Pleaded guilty.

| Sentenced to pay a fine of $lO and costs.! Commonwealth vs. Elsworth Thomas.| criminal assault.

Commonwealth vs. Thomas McGold-crick, stoning cars. Sentenced to pay

costs and one month in jail.Commonwealth vs. I eter McGougb,

pointing a pistol.Commonwealth vs. Peter McGougb,

carrying concealed and deadly weapons.Among the matters disposed of at the

call of the Attorney's list were the follow-ing :

Petition for viewers to lay out a publicroad from Frugality to Asbville. J. A.Shoemaker, Dennis Cawley, and JosephVan Ormer appointed.

Report of viewers on site for bridgeover the Clearfield creek in Gallitzintownship. Referred to the Grand Jury.

Report of viewers to view site for a

new bridge over the Conemaugh at Suin-rocrhill, filed and referted to GtandJury.

Petition of John Gaffncy, guardian ofPeter Gaffney, to be allowed to join theheirs in the sale of ceitain real estate.

Order granted.Petition of Patrick McAneny to be al-

lowed to joinwith the other heirs of NeilMcAneny, deceased, in die sale of certain

real estate. Order granted.Jacob Singer, John S. Blougb, and S.

W. Miller, appointed viewers to locate anew bridge over the Stonycreek betweenUpper Yoder and Stoycreek townships.

MAILAND EXPRESS FEND.

Report of the Cominitt e .Appointed to

OlHtribute It.

The Committee appointed to distributethe Mail ami Expren* fund report as fol-lows :

We, the Cimmittee appointed to dis-tribute the Mail and Express fund, havefinished the work assigned lis. We havelabored faithfullyand conscientiously to

do justice to nil. That we might be ableto do this we have spared neither timenor labor. Going over the circumstancesof all the applicants as they gave them to

the Committee, and seeking inform ition

from others as far as our time aud op-portunity would allow, we distributed to

these who appealed to be the mostneedy.

More than two thousand persons madeapplication and over one thousand weregranted relief. That we have made mis-takes is probable, but we are convincedthat we have done the best possible underthe circumstances. Comparatively fewof the persons granted assistance werepersonally known to us, no questionswere asked as to church connection, a.idwe made eo appropriation to ourselvesor personal relatives. We have done thework without receiviug or expecting anypecuniary reward, and if we have failedto do the best possible in every ease, we

mot t sincerely regret it.Following is the summary of our

work :

The Mail and htipress tuutlamounted to $17,>4 55

35 persons received sl6 50each $ 5,874 00

584 persons received sl7 each 9,938 002 persons received S6O each... 130 0043 rersons receivedsßo each.. 1.360 0069 persons received $lO each.. 690 oo6 persous received $7 to sls

each so 00Expenses ?stationary and

postage 33 55-$17,H74 55Number or persons aided, 1,059.

[Signed] DAVID J. ISKAI.E,JAMES P. TAHANEV,HENRY 1,. CHAPMAN.

ANOTHER BODY FOUND.

The Search Force Uncovers Another Flood

Victim Yesterday.

Yesterday afternoon a body was foundnear the abutment of the Point bridge inthe Conemaugh River at the south

edge of tlie stream. It was discovered bySrnay's force of searchers for the dead.Word itas sent to the morgue authorities,and a wagon was sent for the body. Itwas taken to the morgue, coffined andburied, as all that are found now are.

The description is as follows: 549, male,

height about six feet, black vest, pahts

and coat, white or gray knit underwear,gray or black socks, about No. 8 Congressgaiters, black or brown derby bat, p ick-etbook containing a quarter, a dime and a

nickel, small biack-handJc knife.

Don'ta For Men.

Don't cnTry valuables in youi outer

coat.

Don't make too great a displny of yourjewelry.

Don't go into a crowd with vour outer

cont unbuttoned.Don't forget that you are just as likely

as anybody else to be the victim of pick-pockets.

Don't carry money in the pocket on theright-hand side of your trousers; pick-pockets expect to find money there.

\u2666 \u2666

Married anil Departed in Haste.WASHINGTON, Pa., June 5.?A young

couple, W. M. Barhour, of Hanover town-ship, and Miss Clara A. Shumnker, ofBedford county, did some active movingabout here yesterday in order to get mar-

ried and catch a certain train to their fu-ture home in Hanover township. 'SquireDonahoo was not in his office. The im-patient young people waited for sometime, but finallybecome so restless thatthey went to the 'Squire's house, wheretha ceremony was performed. Theyhad nine minutes in which to make thetrain, and succeeded in doing so.

i Brady, deceased, late of Johnstown bor-! ougli, to have guardian appointed.

: Thomas F. Brady appointed.! Petition of E. O. Fisher, guardian ofMrs. Ella Potts, for an order to sell certainreal estate at public or private sale. Ordergranted.

Answer to r lie on Mrs. Bridget Woodsto show why she should not be removedas guardian of minor children of JamesSullivan. Put on argument list.

Rule on John Thomas & Sous to showcause why a judgment of non pros, taken

agaiHst Mrs, Jane Gahegau should not bestricken from the record. Rule returna-

ble immediately. Rule granted.Petition of Harry M. Benshoff as Ad-

ministrator to sell certain renl estate inJohnstown. Granted.

Robert E. Creswell, Esq., appointedCommissioner to take testimony and re-port a decree in the case of Eliza Bolesvs. John J. Boles, libel in divorce.

M. B. Stevens, Esq , appointed Com-

missioner to take testimony and report

decree in the case of Gustav Burger vs.

Mrs. Burger, libel in divorce.Robert E. Creswell, Esq., appointed

Commissioner to take testimony and re-port decree in the case of Alice Kelly vs.

William Kelly, libel in divorce.Petition of Annie McKenzie for her ap-

pointment as enmmittee of Chas. L.McKenzie, a lunatic. Appointment made.

In the case of Samuel J. Buck, chargedwith fornication and bastardy, a nodeprosequi was entered, on payment o'' costs

by defendaut.The case of tue Commonwealth vs.

Joseph Anderson, for the same charge,was continued,

Donald E. Dufton.Writ of partition in the estate of Jona-

than Kearney, deceased, returned by theSheriff. Confirmed.

In the matter of Asoph W. A. Cliaplinvs. P. Flin and others, in equity attach-ment on the plaintiff for costs.

Horace R. Roee.Two reports of W. Horace Rose, Esq.,

Auditor in the estate of Wm. 11. Rich-ards. Confirmed nisi.

Return to an order of sale in the estate

of Peter E. Phillips, deceased, and petition

lor an alias order. Petition granted.

Frank P. Martin.His own report as auditor to distribute

in the hands of Eben James, Committeeof Robert J. Williams, a lunatic. Con-firmed.

His own report to an order of sale inthe estate of Catharine Keelan, settingforth that he sold the property to RichardHowe and Patrick McLaughlin for $1,566.

Confirmed.In tin case of Mr.ry Tearpeck vs. John

Tearpeck, libel in divorce, Robert E.Cresswell, Esq., appointed Commissioner.

In the case of Mary Harris vs. D. J.Harris, libel in divorce, plurius subpienaawarded.

Return to an order of sale in the estate

of Hugh Mctilory, setting f >rth that theright, title and interest of CatharineMcGlory was sold t > Patrick Boyle for#1,125. Confirmed.

M. B. Stephen.Application of the citizens of the village

of Morrellville, asking incorporation intoa borough, was referred to the GrandJury.

Discharge of James King as Adminis-trator of Charles E. Hallan, granted.

Ed. T. McNeeli*.Petition of Rev. Jas. P. Tubaney in the

case of James McMillen vs. Jas. P. Ta-haney, for rule to show cause why judg-ment should not be opened.

R. K. Cremell.His own report as Commissioner to take

testimony in the case of Catharine Statlervs. Sanford Statler, l'bel in divorce. Re-port filed. ?

TUESDAY FORENOON SESSION.

EBBNSBVRG, PA., Jnne 8, 1890.-- -Courtassembled at 9 o'clock this morning, JudgeJohnston on the bench.

The first jury trial was culled ; it was

the Commonwealth vs. Thomas A. Brownfor embezzlement. .Mr. Brown was col-lector of school taxes in Washingtontownship for 1889, and is charged withhaving mis-appropriated about #9OO ofthe money. The prosecutor is the Wash-ington township school district. Thecase occupied the attention ot the Courtuntil noon adjournment.

TUESDAY AFTERNOON SESSION.

Court convened at 2 o'clock, EphrairaFindley appointed guardian of John W.,Harvey and May Edith Loughry, minorchildren ofM . C. Loughry.

Louis Escher was naturalized.The embezzlement case against Thos.

A. Brown was then lcsumbcd It wasoccupying the attention of the Conrt at

3:80 o'clock when this report closes.THE GRAND JURY.

Up to the time of this report the GrandJury, Adam Huebner, foreman, foundtrue bills in the followingcases :

Commonwealth vs. Crittopher Mechlin,seduction.

Commonwealth vs. Thomas A. Brown,embezzlement.

Commonwealth vs. John Pfleiger, as

sault and battery.Commonwealth vs. Maggie Miller, ag-

gravated assault and battery.Commonwealth vs. Joseph Wherry,

NO. 7

FOUND IX THE RIVER.

A MAN'S UOIJV IMSCOVKKED IN THE

CONEMAI'OH I.AST EVENINGABOUT EIVE O'CLOCK.

Jeremiah Lynch, uf the Fourteenth Ward,Found Ocnd in the Klver, After an Ab-sence of Several Days?No Alarm Be.

cause He Was Thought to He Out of

the City.

Jeremiah Lynch, a young man, of thoFourteenth ward, formerly Mintrsville,after having been at work during lastMonday, accompanied an acquaintanceto the Pennsylvania Kail road Station,about 5 o'clock in the afternoon, who

took the train. Since then his friendshave heard nothing of h'm until his deadbody was found by Mr. James Dyson lastevening about 5 o'clock in the river, ashort distance above the site of the oldbridge connecting Millville and Cambriaborough.

At 11 o'clock Monday night he wasseen in a house on Iron street, and at alater hour he was in the Company's watercloset, where at a still later Lour his hatwas tound. It was but a shot t distancefrom this place that his body was recov-

ered. At this same place about sevenyears ago he met with an accident on theCambria Iron Company Railroad by whichhe lost one of his legs.

The fan ily were not alarmed at his ab-sence from home, thinking that, he hadgoue to Pittsburgh to get a new artiticialleg, which he had ordered some time ago,

and which was supposed to be ready forhim. And the first information they re-

ceived was fie intelligence of the findingof his body last evening.

He was born in Wales of Irish parentstwenty-six years ago, and the familycameto this place when he was aged five years.His father, Michael Lynch, died nearlythree years ago. For many years the sub-ject of this notice worked in the rail deportment of the Cambria lion Companyunder T. P. Keedy, and was an indus-trious and inoffensive young man, havingmany friends in this commnnity.

He is survived by ids mother. Mrs.Bridget Lynch, two sisters, Mary andKate, .xnd a brother, Michael, who residein the Fourteenth ward, and by two broth-ers, Daniel and John, who are at PortRoyal. South Carolina.

REFUSED A NON SUIT.

Jurtg White Wishes to Hear all tie Kvi-

?lpucc,

The evidence on belialt of the plaintiffin the suit of Tarbell against the P. R. R.was all in tuis morning and counsel an-

nounced that t'lcir cae would close.The attorneys for the railroad at ouce

moved the Court to enter judgment ofcompulsory non-suit for the followingreasons :

First?That no evidence had been pro-duced showing that the railroad companyhad not taken every reasonable precau-tion and exercised the best care to pro-vide for the safety of its passengers.

Second?That no negligence has beensi own.

Third -That the place at Conemaughwhere the two sections of the Day Ex-press were located, was considered by allto be tlie safest that was then within thereach of the Railroad Company.

Fourth ?That the fiood was a visitationof Providence, and was of such an extent

and so enormous that neither humanjudgment nor the best of care could eitheranticipate or provide against it.

Judge White heard the application andstated at once that he would ret use theuou-suit, as he preferred to hear all theevidence in the case before deciding thequestions raised in the motion. The trialthen proceeded.

FIVE IN FIVE HOURS.

LigKtuiiiK Divorces In Indiana County,

Granted ly Judge Harry White'* Sub-

stitute.

INDIANA. PA., June s.? Don't quotelightning Cuicago divorces to Indianaany more. On Tuesday Judge Bacr, ofSomerset, held court for Judge HarryWhite, and inside of five hours grantedfive divorces. The causes for connubialseparation were principally the " old, oldstory "?incompatibility, desertion, lovedanother girl over the hill, and grew in-fatuated with a handsome man, and also,

naturally, " undue intimacy with some

one in the marriage bans."

Another Drowning.

A son of Mr. Anthony Conway, ofMorrellville, was drowned in the river,opposite thj Johnstown Manufacturing.Company's brickyard, on Wednesdayevening. In company with several etherboys of about his own age?nine years?-he was taking a bath, when after swim-ming across the river, he lost control ofhimself by diving after a mouth organthat he had dropped. In a short time hewas drowned, and by dragging the riverfor half an hour his body was recoveredand taken to his home in Morrellville.The funeral will take place this morning

at 9 o'clock, where interment will be madein tlie Lower Yoder Catholic Cemetery.

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