The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1866-01-04
COURT PROCEEDINGS.

Barrett, and his Associates, Leverlng ant
Mackey.
The first case tried was brought by A
mos Newhart against Charles Row 70
trespass. Verdict in favor of Plaintiff
for $50 37!,
Commonwealth VS.. William Schoen
berger. Indictment for Assault and Bat
terry. Grand Jury returned true bill
David Keller VS.. John Merwine. Al
action brought on Promissory note, up
on which the defendants name appeared
as an indorser. The plaintiff was obliged
to take a non suit for want of evidence tc
support his case.
Commonwealth VS.. Owen Carey and
Arthur Montgomery. Indictment fol
Larceny. Grand Jury returned true
bill. The defendants being arraigned
plead not guilty. Subsequently the plea
of not guilty was withdrawn as to Carey,
and the plea of guilty entered. The Ju-
ry rendered verdict of not guilty as to
Montgomery. This case possessed much
interest both on account of the serious
nature of the charge and the legal talent
exhibited on either side. The manner
in which the defense conducted the case
was novelty also. Carey first plead not
guilty. He attempted to support it by
first proving an alibi, the main witness
was myn,phe da pare from Scranton, CT
as one of the Commonwealth lawyers
more appropriately styled her harridan
A worse set of thieves, cut throats and
unhung scoundrcls could not be found
than Scott township, Luzerne County,
vomited forth to save the wretch Carey.
Perjury and ,subornation of perjury
were made use of but to no use as far as
Carey was concerned. When he found
there was no hope for him, he plead gull
ty to all the counts in the indictment,
one Of which charged felony, mounted
the witness stand, swore that all he had
to do with the entire transaction was, to
buy the goods, not knowing at the time
that they were stolen, though he subse-
quently ascertained they were stolen
All were satisfied that he perjured him.
self in his testimony, the sole object of
which was to clear his confederate Mont
gomery, and take revenge On Henry d.
Carey, a leading witness for the Common
wealth. The mawkish sentimentalism
exhibited by the Jury that acquitted
Montgomery, will have bad effect upon
the efforts to stay crime now so fearfully
on the increase. Carey was sentenced
to undergo an Imprisonment of three
years and ten months. He came near
breaking Jail on Saturday evening by
means of wrench furnished by some OF
his confederates from Scott Township.-I
Before leaving, he confessed to the whole
act of breaking open the safe and stealing
the goods from the store Carey is a
hardened wretch. The Judge prefaced
his sentence by endeavoring to impress
upon his mind the importance of leading
an honest life; the remarks were kind
and feeling, but when he had finished by
sentencing him, Carey arose and "thank
ed his honor for the nice New Years
present."
Commonwealth VS.. George Bush. In,
lictment for Larceny. The prosecutor
6arnabas Rodney charged the defendant
With stealing money to the amount of $40,
Which had been intrusted to him as bal
ee. The Jury acquitted the defendant {
Without leaving the box.
Commonwealth VS.. Jeremiah Diebl I
nd Ephraim Arnold, and Commonwealth
S. Reuben Hartzell. These were cross
Indictments for Assault and Battery.
rowing out of that fruitful source of con-
ention, water right As is usual in q
uch cases each Of the parties had to pay !.
alf the costs.
Commonwealth VS.. Peter Arnold. In 0
ictment for Assault and Battery. jury S
'turn verdict of not guilty, and Reu- P
en- Hartzell, the prosecutor, to pay half 7
lie costs, and the defendant the other 4
alf. n
Commonwealth VS.. Charles Z. Smiley a
ldictment for Fornication and Bastardy sc
oath of Ellen Evans. The jury re-
rncd verdict of not guilty, and Coun-
to pay the costs. 1t is quite remarka- Ii
e that out of the great number of gay Ie @
Aus the defence proved the prosecutrix d.
ID, the Jury could not find father to th
e child. But probably our friend W
Steve" of the Democrat Office, confused IN