The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1863-09-17
CoM'rH. VS.. JAMES J. KAY1oR-The

case Wnlcn eXclseQ the most interest at
our Quarter Sessions, last week, was that
of the Commonwealth .vs. James j. Kay>
lor, Steward of the Cambria county Poor
House. This was an action for assault
and battery, alleged to have been COM
mitted in June last, upon the person of
one Richard M'Willianis, fhe prosecutor,
pauper and inmate of the Poor House.
The facts of the case, as elected by the
evidence Of the prosecutor, we believe to
be substantially as follows Kaylor, for
some alleged infraction of the rules of the
Poor House ON the part of M'Williams, in
June, made an assault on the latter, pre-
cipitating him to the floor, kicking him
in several places, choking him, and 9TH
erwise doing him bodily harm. Altho'
the province of the Steward to infict GER
tain descriptions of punishment upon
refractory paupers was not denied, this
exercise of brute force was thought to
transcend his authority in the premises.
Accordingly action was brought to de-
termine whether knocking down and
dragging out was IN order in the Poor
House. The case occupied couple of
days in its trial, and many facts relative
to the inside workings of the Poor House
were brought to light, which, if strictly
true, reflect no little discredit upon those
in power in and about that institution
Eminent counsel was employed on both
sides, and no stone was left unturned to
prove the guilt and Innocence, respective.
ly, of the defendant. Although the evil
dence of the prosecutor on some points
was pretty full, and his story of wrong
and oppression confirmed to certain
extent by the evidence of others, still it
was thought insufficient for the conviction
of MIR. Kaylor After retiracy to their
private room for about an hour, the jury
returned with verdict of not guilty, but
that the defendant pay half the COSTS
In his charge to the jury, the Judge laid
down the maxim that the application by
Mr.. Kaylor, or any other man, of any
unnecessary amount oc force 70 compel
obedience to the requirements Of the Poor
House regulations-all unnecessary, or
excessive, or too finely wrought demon
strations of physical characteristic
unmerciful beating and disiguring of
fellow man-constitute assault and bat
tery-which is not only law but common
sense. The evidence against Mr.. Kaylor
was given principally by inmates of the
Poor House.
We rejoice that Mr.. Kaylor-a Cam
bria county public oficial-has thus been
vindicated from the charges preferred
against him. Had the result been other
wise had he been convicted on the evi-
dence of MWilliams and the others
then indeed would he have been proven
and written down tyrant-
'<Whose whitening influence ran
Through all the influence of the mind,
And smote ard mildewed man -
ORDER No. Annexed is the initial
ordinance relative to the government Of
our Market House as promulgated by the
borough authorities
An Ordinance: 1t is hereby ordained and
enacted by the Burgess and Town Council of
the borough of Ebensburg, that regular
Market shall be established within the limits
of the said borough, to be held at the Market
House in the borough that the market days
shall be on Tuesday and Saturday of each
week, the market to be opened at 5 o'clock
marketing shall be exposed TO sale, sold,
bartered, or huckstered, within the borough
on Monday and Friday of each week, on
said market days before 10 o'clock, A. NJ;
that this ordinance shall go into operation at
the end of ten days from the publication
hereof by handbill, (at which time code of
rules and regulations for the government of
the market will be. published J and that all
persons violating this ordinance shall be liza
BILE to forfeit and pay to the borough a fine
of not less than one more than ten dol
lars, at the discretion of the Burgess.
A true extract from the minutes, certified
this 5th day of September, 1868.
JAMES MYERS, Burgess.
GEO N. REED, Sec'y.
FROM A DIsTANCE.-The Bedford In
quirer pays the following merited compli
ment to gentleman with whom the
majority of our readers are we'll acqua:n-
ted: owe notice that our old friend,
Capt. Litzinger, of Belsano, Cambria CO.,
is an independent candidate for Register
Do,orJor &C xbot oo,pfy IUo Iop'f