Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1859-09-21
The Public square Johnstown.

The Public Square JohnstOwn.
The case ofC. B. Ellis vs.. John Swegler
and others, involving the title to the public
square IN Johnstown, was tried In the Com
mon Pleas of this county last week. The
case from its novelty, attracted considerable
attention among the persons in attendance at
court. The defendants something more than
year ago, under the direction of the Bur-
CESS and Town Council of the borough of
Johnstown, erected fence around the square
Mr.. Ellis who claimed that the property be-
longed to him brought an action of Trespass
quare clausum tregit against them, for the
purpose of settling the controversy The
cause was reached on last Thursday NOR
ming, and Jury sworn to we'll and truly try
the issue joined between the parties.
The Plaintiff proved that the title to the
tract of land on which Johnstown now stands,
was vested in Joseph Johns about the year
1900. That during that year, he laid out
the town of Conemaugh, now Johnstown /;
that sometime afterwards. he conveyed the
tract of land to Peter Livergood, including
all the lots in the said town remaining un-
sold. He then produced deed from Peter
Levergood to him for the square in controversy
The defendants proved that for more than
half a century, the Square had been spoken
of as the Public Square. that since the organi-
cation of the borough of Johnstown in 1882
the Burgess and Town Council of aid Bor-
ough had exercised acts of ownership over it,
that they had leased it to Menagaries aud
Circuses. that they had erected meat shops
on it, and leased them to different individu-
ais, that more than 81 years ago, they had
erected an Engine house and Lookup house
on it. They also proved, that Peter Liver
good was Burgess at the time the Engine
house and Lookup house were erected, & that
although he had not then conveyed to Ellis,
he not only approved of the erection of said
buildings, but exercised special supervision
over their erection. 1t was proved that the
Square had never been assessed TO Mr.. Lev
good or any other person. The charter of
the town of Conemaugh" executed by Joseph
Johns, when he laid out said town was read
in evidence. After designating one Square as
Market Square, another as place of pub
lie amusement, he proceeded to say that he
reserved a certain square, describing it, (the
one now in controversy for Court House
and other Public Buildings. and promised to
convey said Square to the county. as soon as
Johnstown became County seat. Mr..
John Barnes swore, that when he first moved
to Johrstown in 1882, Mr.. Ellis took him
around to show him the town, and pointed
out the Square in controversy as the public
Square. The Plaintiffs Counsel contended
that the clause in the charter did not 6edi-
cate the Square to the use of the Boron oh,
but to the County, in the event of the town
becoming seat of Justice.
We regret that we have not room this week
to lay before our readers an abstract of the
lucid and able charge which his Honor,
Judge Taylor delivered to the Jury in the case,
After reviewing the testimony. and dispos-
ing of several minor points, he instructed the
Jury, that in consequence of Peter Livergood,
while Burgess, having encouraged the Town
Council to erect buildings aud expend money
on the square in controversy. and even have
ing exercised supervision over the erection
of said buildings, that thereby he and those
claiming under him were estopped from main
tanning this action. He also instructed
them, that the title. ifany. remaining in
Johns after executing the "charter,,' was
not such as would warrant him or
those claiming under him, in maintaining
this action. The Jury rendered verdict
for the defendants without leaving the box.
The defendants counsel excepted to the charge
and the case VIII probably be reviewed in the
Supreme Court.