The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1871-10-07
Local correspondence.
JoHNsrowN, Oct. 4. ISL

MY DEAR FREFMAN--A man named John
Murphy was killed last Saturday on the
Penna r. R near New Florence. He lived
IN INDIANA county. His remains we're brought
" ouilns.o"n and an Inquest was held which
! resulted In verdict of accidental death
A convention of delegates met in Union
nSii on saturday last and nominated Hon Jas
fotts Tor President Judge and l'ayid Ramil-
ton ana VIM. Flattery for Associates. The
meeting was harmonious.
District Court met on Monday and took
rohstaoIes, returns and received the returns of
justices. The question of forf.;ting recngn;
zances came up ard the debate on it was quite
animated The reader will understand that
there has been no judges here for nine months.
aithon2h there was law requiring a court and
returns o. Justices were regularly made to said
court. VI course matters are greatly muddled
here in this respect. One set of LAWYERS ar
gued the right of this court to forfeit recopni-
Zances and cited 9Th Cosev, page 1913 SC The
other side argued that this was not a court TO
do anything but meet and adjourn and that If II
was court 1t could not compel the fuflment
o. contract now that was completed and full
filled at a certain prior day A contract tn
Gehver up a prisoner at April term was full
hlIed by delivering n prisoner at the timo .re
clneo, and though there were no Judges to try
MN vet the contract was evidently fulfilled
he discussion was animated. but his Honor
Judge Potts ruled that this Court and these
Judges conld declare and adjudge recogni
Zance forfeited. given in January to deliver in
April, although the persons were there and
then delivered. The question turns on what
the word term means. 1t NAV mean an nc
tuai court or II may mean time to. hold a
ourt.thOugh there may be no court If thew
mad asked Rob Roy" about it he would bay.
old them that this session was 10 court at all
A District Court-that is our District Court
to be such. must have Judges, Prothonotary.
Sheriff, Clerk and Jurors, regularly constituted
.F,Ar flfNr,F q - =.
more than twenty members of the Pa Senate
is a Legislature. The Senate is not the Legis-
lature, the Assembly is not the Legislature the
Governor is not the Legislature The Judges
are not the court the jIries are not the court.
the sheriff and prothOnotary are not the court
1t tax all to make the court But there was
no jury drawn. The Commissioners had not
time to act. Consequently one element of a
court was wanting. What is a court for To
try prisoners. But the Constitution guarantees
trial by jury. Now there being no Jury there
was no court. This body might probably have
met and adjourned some societies do lust TO
keep up the appearance OF an organization but
1t had no more power to take" or Forfeit
recogniZnnces, than the Johnstown Water
Company. The terms of the court, viz Jan
uary, April, July and October, are fixed by act
of Assembly. the actual sessions of court are
controlled by circumstances. They may han
pen at the term or they may not. The Senate
OF Pennsylvania can meet and organize but
they cannot pass or make law. The Judges
OF court may meet and organize, but they
cannot try cases in nvolvng facts. without iuries
Stlll, there seemed to be an imperous neces-
sty for the decision arrived at as otherwise
dozens of offenders would have been discharged
Some things are expedient, if not lawful.
There must be at present over one hundred
cases, criminal and civil, now set down for
trial. January term will be very throng and
a perfect harvest for lawyers.
The Fair, on Tuesday morning, received a
dampener in the shape of rain, but the day
eventually cleared up fair aud there as a con-
siderable number of persons present at the
opening. The display of stock and other arti-
cies WAS grand. On to day (W WednesGav) the
attendance OF pleasure seekers and sight-secrs
is exceeding large and the next two and last
days will probably bring many moro. But
full description of matters must be put off till
your next issue.
couple OF men came here on Sunday last
and registered their names Kelly and Johns
ton at the Brady House On Tuesday morn
ing they were arrested by some Pittsburgh DO.
licemen. assisted by our policeman Harris and
Constable Li'z at Schmerbers drinking sa-
loon. One of the men fred at the police, the
ball passing between the legs of Constable
LitZ. Their real names are II art and Hurley,
and they are charged wi stealing $500 from
some person at Port Perry. in Allegheny coun.
ty. They were taken to Pittsburgh and lodged
in Jail to answer.
The District Court adjourned from day to
day IN order to give parties concerned a chance
TO be heard. A large number of cases
heard on Thursday, some recOgnizarces were
forfeited. and many persons entered into new
recogniZances TO appear at anuary term.
We had the extreme pleasure OF meeting NJ
r. Neagher at place on Monday and
Tuesday last Mr.. Meagher is an agent for
a publishing firm in New York City, and in all
that makes a man he is true as the needle
to the pole. None doubt his integrity
This is saying much in these days of swindling
and corruption, but we speak whereof we know.
The reason We did not write a letter last
week was because we supposed that your paper
would be filled with the old Russian order of
''I o the Poles! to the Poles - and We wanted
to leave you room. When Jove ia absent from
Olympus some lesser god might hur his bolts.
The Cambria Iron ComFany's or the Manu-
featuring COmPany's press brick ests blishment,
near the Fair grounds, burned down on Tues
day night or rather at an early hour this morn
ing Furnace, engine house, sheds and other
material were destroyed. Loss not known yet.
premises since last Saturday, the presumption
IS very strong that the buildings we're set on
hre, probably for the purpose of attracting the
police from the Fair grounds and thus afford
ing an opportunity for stealing without him
d-snce at the Fair
1 must close. but as feel poetical, you will
excuse one stanZa:
Mary had little corn,
Which grew upoL her toe
And everywhere tn at Mary went
The corn was to go.