NEWS: Items from the Cambria Freeman, September 18, 1903, Cambria County, PA Contributed for use in the USGenWeb Archives by Patty Millich Copyright July 2008. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/cambria/ _________________________________________ Cambria Freeman Ebensburg, Pa. Friday, September 18, 1903 ITEMS FROM FRUGALITY Mr. G. E. Harker of Roaring Spring was a business caller to our village on Tuesday. Your correspondent has known Mr. Harker for a number of years and we are pleased to have an old-time chat with this gentleman. NO LIBEL IN THIS CASE On last Thursday in Judge O'Connor's court was taken up with the trespass suit in which John Garrison sought to recover $5,000 from Solomon Martin for alleged libel and character defamation. The case grew out of one in which Laura Griffith had charged Joe Martin of Dale borough with being the father of her child, to which he afterward pleaded guilty and received the usual sentence. Solomon Martin, in the meantime, had written a letter to Reuben Griffith, father of the girl, in which he accused John Garrison of being the author of Laura Griffith's ruin, claiming that Garrison had admitted as much. Griffith brought action for criminal libel against Martin but the case fell through and then Garrison took the matter up, demanding $5,000 damages for injury to his reputation. There is another case on the list wherein Laura Griffith charges Martin with libel. The defense was that the letter was not a malicious communication but merely a private letter from Martin to Griffith and written in a friendly sprit. The defense also contended that Garrison's reputation was not good anyhow and that the letter was no injury to it. The jury found for the defense. Before Judge O'Conner on Thursday morning John and W. B. Wamaman pleaded guilty to two indictments on the charge of fraudulently making and uttering a written instrument, Max Friedman prosecutor. The men were ordered to pay the costs, further sentence being suspended during good behavior. In the afternoon, May Hamill pleaded guilty of false pretense preferred by Harry Sharp. She was directed to pay the costs, a fine of $10, return the property and further sentence would be suspended during good behavior. PATTON ITEMS Engineer Jas. Taylor has returned from a week's vacation. H. A. Liden visited his parents at St. Lawrence Sunday. D. H. C. Warren is painting a very fine advertising sign next to Patton Supply Co. The Tully family have moved back to town and will occupy their new residence on Mellon avenue. Wm. Kaylor of Altoona, an old veteran of Geary's 28th Pa. Vols., was in town on business Monday. Dr. Seitz's new house at Fifth avenue is under roof. Esquire Gill of St. Lawrence was in town Wednesday. Mr. Abram Jenkins of Australia gold fields will leave next week to visit his brother in Colorado whom he has not seen for years. He is now visiting his brother, William, whom he has not seen for thirty years. He says he has not seen snow in Australia in over twenty years. GRAND JURY FINDINGS Henry Shaffer, forgery; P. J. Walsh, prosecutor. Matt Dobers, felonious assault and battery; Joe Beskey. Samuel Kratzer, malicious mischief; John H. Dougherty. Dan R. Miller and George Nelson, burglary; Charles A. Byers. H. D. Chestnut, false pretense; James J. Dawson. John Helsel, burglary; M. T. Crowley. Milton Corbett, false pretense and embezzlement; M. T. Crowley. Milton Corbett, larceny and receiving; William Wian. Thomas George, felonious assault and battery and pointing firearms; John R. McCloskey. John Smith, aggravated assault and battery, two counts; John Ramsey. David Williams, malicious mischief, John Malone. William Noland, burglary; Daniel F. Wingard. Peter Souvrius, larceny and receiving; Charles McTaggart. Stephen Sharnak, assault and battery; Annie George. Maude Wilson, forcible entry and detaining; E. G. Matts. Isadore Wolf, larceny and receiving; Charles Dimond. P. J. Shulte, assault and battery; Emanuel Shulte. Margaret Harris, larceny and receiving; W. W. Dibert. James Scott, aggravated assault and battery with intent to kill; G. W. Rose. Mike McQueeny, aggravated assault and battery with intent to kill; G. W. Rose. Mary Galligan, larceny and receiving; F. A. Gill. John Ulinski, larceny and receiving; J. D. Stewart. Laura Elliott, felonious assault and battery and pointing firearms and aggravated assault and battery; Salina Zatka. Jacob Houser, aggravated assault and battery; Mary Barringer. John Patrick and Mike Bendick, cruelty to animals; E. L. Singer. Frank Madamo, felonious assault and battery; Thomas Philips. Cleave Cooney, assault and battery; Jennie Hunter. William Corbett and Anthony Lotalknas, assault and battery, Casper Rush. Guy Stratton, Sam H. Walker and Fred A. Felter, aggravated assault and battery; Frank McTague. Guy Stratton and Sam H. Walker, malicious mischief; Frank Campbell. Louis Casselman, assault and battery with intent; John Kechler. R. S. Morton, false pretense; George W. Griffith. The grand jury ignored the following bills: Charles E. Walters and Albert Thomas, furnishing liquor to minors, four indictments; W. P. Jackson, Prosecutor. Thomas Morgan, furnishing liquor to minors, four indictments; Thomas Mathieson. Prosecutor to pay the costs. LOCAL AND PERSONAL Miss Nellie Thompson is visiting relatives in this place. Mrs. O. A. Kinkead is visiting relatives in Van Ormer, O. Miss Katie O'Neill of Pittsburg is visiting relatives in Ebensburg. Miss Mary McCabe of Philadelphia is visiting her parents in this place. Mr. Walter Bolsinger has as her guest, her sister, Miss Victoria Browne, of Pittsburg. Frank Gates who has been spending his vacation here returned to State College on Monday. Master Gerald Shaw of this place was unfortunate enough to break his arm last week. Miss Alice Maloney of this place who has been in a Pittsburg hospital for some time past returned home on Saturday much improved. Mr. and Mrs. A. J. Darragh of this place on Saturday accompanied their son, Ronald, to State College where the latter is a student. Squire Strittmatter was in town on Thursday. The Squire says he has been working hard lately and took advantage of the weather to lay off for a while. T. Stanton Davis, the well known real estate man, last week purchased from the Brown estate, the property located on Centre street, adjoining the Mountain House paying therefore $6,000. The Catholic church at Spangler has raised $4,914 as the result of an offer by Andrew Carnegie in which he agreed to donate half of the price of a fine pipe organ if the church would secure this balance. County Commissioner W. S. Stutzman, of Upper Yoder township, has disposed of his valuable farm to Adam Kepler of Johnstown for the consideration of $12,500. It is understood that a party of Pittsburgers was negotiating for the place when Mr. Kepler closed the deal. Edward Simpson of South Fork and Newton Gibson of Bakerton Thursday pitched their second quoit match at Bakerton for $100 a side. The odds were 2 to 1 on Simpson, because he had defeated Gibson rather easily at South Fork on the Tuesday before. Simpson again showed his superiority by defeating his opponent 51 to 53. Samuel Lenhart the Democratic candidate for sheriff was in this place this week. Mr. Lenhart his making many friends over the county in addition to those he already has. At the end of the present time his prospects are very bright indeed. He is proving himself a great campaigner. He is making a clear honest open canvass. And intends on keeping on the move until the last moment of the campaign. WHAT THE COURT HAS BEEN DOING Monday On Monday morning Judge O'Connor opened the second week of the September term of court commencing on the criminal list. The list of cases was composed principally of those who either have taken and then forgotten their marriage vows or by neglecting to take them fell into the reach of the law. It was a women's court. "Never so many women here before," said one old timer. Women and babies filled the corridors and jammed the court room. On Monday afternoon three surety cases were heard, the defendants all being adjudged guilty. Arthur Tripet was prosecuted by his wife, Stella. They lived in Conemaugh and the prosecutrix swore that her lord and master went on a drunk regularly, three times a week, in the evenings and at such times he would chase her out of the house. He had threatened to throw carbolic acid in her face. Tripet made a simple denial but it was no use. He was directed to give $500 bail, to keep the peace for six months and pay the costs. Peter N. Becker of Roxbury, was charged with surety by his wife, Annie, who is only seventeen years old, though the couple have been married a year. She alleged that Becker carried a revolver and threatened to kill her in which other witnesses corroborated her. This defendant was given the same sentence. Mrs. Mary Claugher was charged with surety by her sister-in-law, Annie Claugher who lives on the Ebensburg road in Johnstown. The prosecutrix testified that July 6th the defendant went to her house and threatened to kill her. Mrs. Claugher admitted being at the house, but denied the threats. Defendant was directed to pay the costs and enter into her own recognizance in the sum of $500 for one year. The desertion and non-support cases showed up in great profusion. Val Makin with desertion, pleaded guilty and sentenced to pay the costs, further sentencing being suspended. Mrs. Minnie Tannebaum of Cambria City had her husband, Jake Tannebaum, up for the same offense. Jake is a peddler and is said to have deserted his wife and a number of small children. He had been before an alderman in Cambria City and had promised to do better, it is said. His wife, however, again had him arrested. In court the pair became reconciled. Tears fell from the eyes of both and when Jacob stated that he would do better in the future the court left him off with only the costs to pay. O. B. Barnett, who is well known in Johnston police circles, was before the court on a charge of desertion, preferred by his wife. Sentence other than the payment of the costs was suspended until after the final disposition of another case in which Barnett is concerned. Martin Myrtle of the Fourteenth ward, Johnstown and Maggie Overman of the same district were the principals in a case showing forth the seamy side of life. Myrtle was found not guilty and the county will bear the costs. Martin Bell got all that was coming to him in his desertion case. His wife, Josephine Bell, alleged that he had cruelly deserted her. Judge O'Connor stated that he would make a rule which he would follow in the future in regard to cases of that kind. Martin was sentenced to pay the costs, and pay $5 a week to his wife and was placed under a bond of $500 until he had complied with these conditions. Tuesday Tuesday was women's day again at court. From the hills and valleys they gathered to tell their tales of woe. The burden of their song was non-support. One of the cases was that of George Theis vs. Mary Theis. The family resided in the Seventh ward when their difficulties began. Both parties had entered into the matrimonial net for the second time; both had been blessed with children by previous unions. According to the defendant Mrs. Theis and her children had very expensive tastes. The wife's children wore patent leather shoes to work and all that while Mrs. Theis managed to spend about $180 a month upon her household. If she did she will have to come down from that plan as the court gave her an allowance of $5 per week and placed the costs on the defendant. Another case of a different character was that unfolded by the woes of the Varner babies for they were little else. A love trip to Altoona was a preliminary to the marriage of these young people. Charles, the defendant, admitted to 18 years of preparation for his little voyage on the matrimonial seas. Mary, the wife, was even younger. Charles said he loved his wife and dearly longed to keep her always in ease and luxury. Mary's story was different. The judge placed the costs on Charles and sentenced him to work hard and henceforth to buy hats and things for Mary. Another matrimonial tale of woe disposed of was that of John and Minnie Page. It ended up with costs for John and $25 a month for Minnie. One individual who got off easily was George Linchsavage. He didn't get married but stole beer from F. A. Delozier in Hastings. George got a year and eight months in jail. When he does his time the trouble is ended. There was no "so much per week" about his case. The first penitentiary sentence of the present term was given Tuesday afternoon by Judge O'Connor to George Linchsavage, who was charged with larceny by F. A. Delozier. He robbed the liquor store of the prosecutor in Hastings of ten gallons of whisky and two cases of beer. As he had already served two years in the penitentiary the court thought he would like the place and gave him one year and eight months in the Allegheny county institution, assessing him also for the costs and $50 fine. Dan R. Miller and George Nelson, the Greensburg boys who entered the cellar of C. A. Byers' store in Johnstown, pleaded guilty to burglary. Nothing was taken from the place so the judge directed them to pay the costs, suspending further sentence for the present. In court, the following also pleaded guilty: O. B. Barnett, desertion; Sarah J. Barnett, prosecutrix. Defendant directed to pay the costs, further sentence being suspended pending disposition of another case. Harry C. Leslie, charged with an offense against morality by Annie Fleck, was directed the pay the costs, $25 fine, $30 expenses and $1 a week for seven years. Tuesday morning the cross suits instituted by Annie George and Steve Churda wherein the one charged the other with assault and battery, were taken up together. The former keeps a store in Cambria City, Johnstown, and alleged that Steve had gone into the store and caught her by the throat while he asserted that she struck him with a broom. They were adjudged not guilty and in the former case Churda was supplied with the costs, while in the latter he was directed to pay two-thirds and Annie one-third of the costs. THE CITY NOT RESPONSIBLE Judge O'Connor on Friday non-suited the case of Harry Kane of Johnstown who claimed $25,000 damages from the city of Johnstown for the death of his wife, Mrs. Rose Kane, who escaped from the Municipal Hospital last December and was later found dead at the bottom of an embankment below the institution. The evidence tended to show that the escape of Mrs. Kane from the institution was due to the carelessness of one of the guards and that the woman could have been brought back had he given a prompt alarm after she escaped. By granting the compulsory non-suit, Judge O'Connor stated that no evidence had been presented to show what caused the death of Mrs. Kane, whether it was smallpox, exposure or injuries received by the fall, and that there had been no evidence of neglect on the part of the city, which had been shown in the testimony. The court ruled that the city could not be held reasonably responsible for the neglect of the guard and therefore could not be held liable for the death of the woman. The case of Mary M. Kane, Matilda Kane and Jane Kane vs. D. F. and J. B. Reed came up before Judge Kooser Friday afternoon and was given to the jury who spent several hours on it. The amount at stake was a trivial one, $123, and was claimed by the plaintiffs to be owed them by the defendants. The case was considerably mixed up. The plaintiffs own land near Carrolltown near the Reed coal mine. They claimed that the Reeds purchased 1,000 ties from them for the mines and that no payment was made. The Messrs. Reed admitted the purchase of the ties, but claimed that they were purchased through Andrew Bell as agent of the plaintiffs, and that Bell received the money. The plaintiffs denied that Bell was their agent and held the Reeds responsible. The testimony of Bell, who in spite of his name, is a foreigner, was of little use as it was mostly unintelligible and of little weight. The jury finally decided that the ties were paid for so that the Messrs. Reed were not responsible for the price. Judge O'Connor heard the case of D. H. Weimer vs. Jacob Glass, and a verdict was rendered for the plaintiff. Weimer claimed he erected a building and repaired an old one for Glass, the contract price to be $1,498.27 and said he had fulfilled his agreement except for certain charges made by the defendant and claimed a balance of $629. The defendant claimed to have been under the influence of liquor when the agreement was made and that he did not know the exact meaning of the agreement. He wanted $245 for painting and plumbing which he thought the contract called for and claimed the work was not properly done. ROUTINE BUSINESS Last Week Petition of Lucinda Rose administratrix of John W. Rose, deceased, late of the borough of Conemaugh for the sale of real estate for the payment of debts. Granted, bond filed and approved. Petition of Annie Arthur, administratrix of John T. Arthur, deceased, late of the city of Johnstown, for the sale of real estate for the payment of debts. Granted, bond filed and approved. Petition of J. Earl Ogle, Guardian of Jesse E. Peppler, nee Greer, minor child of Hannah Jane Greer, deceased, for leave to join in sale of real estate with A. B. Greer, husband of said decedent. Report of Dr. F. C. Jones, Walter Bolsinger and William H. Sechler, commissioners in re lunacy of William McTaggart. Found to be of unsound mind. Alias subpenas awarded in the divorce cases of Wilson vs. Wilson, Sommerville vs. Sommerville and Ellen Smith vs. Edward Smith. E. J. Hartmann, Esq., was appointed Master in the divorce case of Lewis Leroy vs. Effie Leroy. In the replevin case of Louis Baumer vs. Mary E. Cresswell et al, a rule was granted on plaintiff to file his declaration in fifteen days. An alias subpena was awarded in the divorce case of Barbara Ream vs. S. H. Ream. Appointment of John H. Brown Esq. as auditor of the final account of A. C. Weaver, guardian of Harry Yoder, minor child of Jacob Yoder, deceased. Petition of George Gallaher, Gualdiacut James, Joseph, Mary, Henry, Catherine and Raymond Lynch for discharge. Granted. In the ejectment case of S. C. Gearhart and S. D. McCartny vs. Luther Guinn and Thomas Guinn, a juror was withdrawn and the case was continued. Judge Kooser then took up the case of Margaret Kane et al vs. John Yeaglin et al. This is an action of ejectment to fix the boundary line between their property in Carroll township, there being a strip of about forty rods in dispute. This Week Petition of F. D. McCoy of Altoona for the transfer to him of the retail liquor license granted to Charles Rutherford for the Buckhorn Hotel, Dean township. Petition of Julia Sanders for citation of James W. Biglin, administrator of Bernard Biglin, late of Washington township, to file an account. Granted. Alias subpoena granted in divorce case of Mary Keith vs. Daniel Keith. Petition of L. A. Geis for specific performance of contract made with John Geis, deceased, late of Johnstown. Granted. Horace R. Rose appointed auditor in the estate of William Daily, late of Johnstown. Report of James M. Walters auditor to distribute funds in the hands of the Rev. B. Dembinski, administrator of the estate of Joseph Zaba, late of Johnstown. Confirmed nisi. Report of James M. Walter, master in the divorce case of Margaret Neilson vs. Gilbert Neilson. Decree suggested. The trial of Frank Davis, the colored man charged with murder in the killing of his sweetheart, Laura Taylor, above the Frankstown road a month ago, will not take place this term of court. His attorneys have secured a postponement of the trial until the December term on the grounds that they had not sufficient time in which to prepare the defense. NOTES FROM THE COURT HOUSE Criminal Court C. A. Rook, E. M. O'Neill and J. O'Donnell of the Pittsburg Dispatch, libel; Jacob K. Rutter, prosecutor. John Mickey, aggravated assault and battery; John Cervinski. Elmer Croker, robbery; D. S. Oldham. Anthony Gristina, carrying concealed weapons; C. A. Parrish. Warren N. Kyper, false pretense and forgery, three indictments; C. A. Robinson. Frank Davis, murder and manslaughter; S. M. Snyder. Percy Blackmore, felonious assault and battery, two indictments; John F. Kinney. Mary Musk, aggravated assault and battery; A. C. Long. Sarah Goodwin, perjury; Edgar McCartney. Thomas J. Merriman, carrying concealed weapons; Emma Mothersbaugh. George Markovitch, assault and battery with intent to kill; Mary Markovitch. The following bills have been ignored by the grand jury: William Onduschak, selling liquor without license; Adam Stoltz, Prosecutor to pay cots. Joe Isenberg, aggravated assault and battery; John Dibert, Prosecutor to pay costs. Peter Krachola, larceny and receiving; John Bushang, Prosecutor to pay costs. John Chief, larceny and receiving; John Rabbe. John Page, desertion; Minnie Page, Prosecutor to pay costs. Amanda Etchison, violating act relation to posting notices in hotels and boarding houses, Samuel Treece, Prosecutor to pay costs. Wills and Letters In the estate of Mary Davis, late of Johnstown, letters of administration issued to Martha Davis. In the estate of Minnie Cable, late of Johnstown, letters of administration issued to J. W. Dick.