The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1876-01-22
Court Proceedings.

charging OF the Grand Jury, the hrst case O'
any importance called. was
Com. ys wilfred Marx, charged with destr.
ton Dnnicl Kalbfus for plaintiB, ana Allen
Craig for defendant After hearing the ttsii'
mony. tho case was submitted Without higu-
ment with the exreOtiUn that the counsel for
niaintfT nsk ed the con TO impose ouunoel tees
on the defendant for the prosecution OF me case.
The Cou,t then made the following oiner aIlei
commenting on the evidPncei Ihut the salu
Wllfred Marx shall pay the sum OF ~ per week
from date for the pelioi ot TWO years tOWhiu
the support anu lnahtehnnGe ~ hutu M ~, W w, ~
his wife, and their CHI d. aud that ne nay tne
costs I'm this case And NJ IL ordered tnat shlu
weekly stipend be pad to the clerk OF theCouft
ut the end of every four weeks for the use OF tue
said Edith and her child. and the said WiiIed
be committed TO the county jail until the order ger
is complied with or he gives security III tne
sum Oi $500 for compliance thereto, ,,
The mex case called was Com. vs. AlfOnzo
Smith, charged also with assertion. ms case
was submitted without testimony, anu the De
fendant with his futher, J. II. smith, each en-.
tered into recOgnzance III t3OO, cOnditOneu tnht
Defendant shall appear at next term ,-,
Com. vs. Joseph Freely, CHARGED WIN iOrni'
cation and bastardy. was alled, ana Solomon
Freely entered $500 bail for defendnnCs appear
Com VS., H. w, Berfoss, charged with fornica-
ton and bastardv, was next booked, when de.
tendant and Reuben George each entered s5O1
bail for defend lnTs appearance next term .
tuesday mor1mg Court convened at 9 O'clk !,
and. after calling the panel of Jurors, che case OF
DOYLE, KELLEY AND KEkRlGAN,
charged with the murder Of J.. p Jones,at Lans.
Doyle plead Not Guilty"
Ills counsel tnen pre-. ented the following mo,
ton, winch cons lmed all the forenoon and atCer.
noon, VIZ: AND now, January 18th, 1916, Michael
Doyle, the aUove.named defendant, comes here
into Court IN his proper person ana moves 10
uuash the array of Petit Juror Tor this January
term of SAID COuIt and assigns the following
reasons thC rAfur:
lst II doe, not appear from the return that
the bnld Jurors were legally drawn,
md the rsCOrd does not show that the Jury
Commissioners were sworn before seitcting ana
drawing said Petit Jurors, as the 81 section OF
the Act of 10Th April, 1867, prescilbes.
3IG. That the jurors to serve Tor the year 1876
were selected ON t1e list OF qualin,d electors
OF the County OF CnroOn on the lIth day or NO
vember, A. ID. 1876 and that Ollver Breneiser,
sheriff OF said County, took the oath prescribed
as a member of snIu Board for the selection VI
Jurors, ana did actually participate therein, al.
though not legal qualified 10 discharge said
duty The 2nd section of the Act of lOth April,
1867, constitutes said Board Tor the selection OF
Jurors AS follows" The Jury commissioner $,
ana tine President Judge or Additional Law
Judge, of tue respccuye districts or m Joltty
OF them, snail meet, &c" All Of which facts
the sald defendant says he Is reany to veriiy
and prove. Signed MICHAEL J. DOYLE
The uelense waived their opening argument
on the above motion.
Frank f. Hughes then spoke Mt length in Op.
position to IT, aid, ut the ose of his remarks,
Court Adjourned ill y m at winch time the
argument was resumed by Judge Ryan, fOr lhe
defense, which closed at three O'Clock.
The court then stated II would hOld its decl'
sion under advlsement mi wednesday MOI nlng.
Some small cases were then taken up, which
occupied the rem Under OF the day.
Court opened OH wednesday morning at
Oc, OCk, and the judge then delivered his Opin-
ion on the mOtlOn TO quuSh the array OF Jurors,
which he had held under udvisement from the
day previous. After reviewing che three points
III the motion. the Judge cOncludedtlhey were
not sufficient ana the motion was therefore
Overruled Another motion was immediately
offered by counsel Tor defense, OF whiCn the FOL
lowing is Il COPY "And now, january 18Th,
1870, NChaei Doyle, one of the above named
defendants comes here intO court, in his own
M nd lt,V htT
answer said indie tinent, Tor the reason that The
above prosecution is not Instituted In any man.
ner prescribed as authorized Uy law, there be-
ing no information or preliminary hearing
therein, wholeUi he pays juupment, NC.
MICHAEL j. DOYLE
The above motion was ovorruleh by the Court
One Of the prisoners, Mlcnael Doyle, was then
arraigued, ANA the nuctlnent beng read To
hun, plead, "Not guilty" after which he was
Asked how he wOulu be tired wnen he answered
by God and my country
After some delay the sciecting Of a Jury was
proceeded with, which resulted AZ follows, we
give name, occupation aud residence OF each
Juror az chosen. only two jurors were called
and examined before noon, when court adjourn.
ed to convene at I;jO +. NJ, when the seoctng
Levi Harieman, Weatherlv, dispatcher, chal
lenge0 perem moIuriiy by defense.
Charles Frilz' Nesqueh3nlhg, CARPENTER chal'
lengeu peremptUriy y by defense.
| l.-Wm; Blose jr, L' rowalnehsing, laboier'
no challenge.
2-JOnas I}eck, East Penn, Ooatman no chat
Marx Meos, Weatherly, machinlsL. challengei
for cause by deiendanG
| II. h. SwartZ, Penn Forest -, challenged Tor
cause by commonwealth.
Andrew Graver, ir, Welssport constable, chal-
lengen for cause OI defendant;
J. T. Mcdaniel, MahOning, landlord, excused
for sCruples.
| Daniel Keener, Mahoning, -, challenged for
cause by defendant.
VIM DeFrshn, East Mauch Chunk, carpenter,
challenged for cause by defendant
3.-JOcl stroll, East Maucn Chunk, farmer, no
| Alex Sandel, East Mauch Chunk, carpenter,
challenged peremptOriIy by defendant.
| 4.-AndTew j. Christman, rem Forest, faI mer,
BE. II. Keller, Franklin, !aborer, no challenge
Chas IL. seiIlle, MahOning, merchant, excused.
L. +. Krider, March Chunk otrpenter' chal'
| stephen MiXell, Beaver Meadow, challenged
Tor cause by defendant
| e. Nell Boyle. Mauch CHUNK, editor, chaleng'
ed foI cause by defendant: ,,,.,
| E. T. HOovon, East Mauch Chunk, challenged
for cause by commonwealth.
| 6-Danlel Bower, jr, Franklin, carpenter, no
Benz Yelger, Mauch Chunk J.P., excused.
| Thomas koons, Lehighton, challenged for cause
N an. Acker, FRANKLIN laborer, set aside by the
| commonwealth.
lenged peremptorlly by defendant.
| George Warnke, bridge builder, challenged for
| cause by defendant.
| Pursuant to order, Court opened on Thursday
morning ut O'Clock. The stenOgrapher having
arrived, was sworn end entered upon his duties
| at once.
The selecting OF jurors was then proceeded
with, with the following result:
| James Bleber. Franklin, bOatbuilder, excused,
| @. H. Bower, LehightOn boat mspr, excused.
| Levi Heny, Franklin, blacksmith, challenged
peremptOriy by def
II. A. BrudheaG, Maucn Chunk. coal operator
chat perem by com.
| Anthony SNYDER, excused.
| 7.-Daniel Ramaly, l.. TOwamensing, farmer Il
! teacher, no challenge.
| Abraham MOser summit Hill, carpenter, chal.
| tor cause by deit
| Geo. Kenerer cnal. for cause BY com.
| Isaac smith, MaIch Chunk, dispatcher, chal
! peremp. by dett.
| ThOs. X. Williams, Ashton, laDOrer, chald fol
cause by deit.
A. II. Com ert chal. for cause by com.
| WIN. Rauch, Kldder, shipping agent chal. for
cause by de1t.
VIM. Wagner, Lehghton, burge 's, chard for
| cause bY deft.
]. @. Heberlng challenged for cause by com.
samuel uOOven, Weatherly machinisl, chald
for cause by deit.
! Henry BeltZ, l.. TOwamensing, labOrer, chard
for cause by delt.
| VIM. CTaIg, Lehigh Gap, excused.
| n. II. Arner, Ashton, cnal. for cause by deft,
| Danl. kOcher, challenged for cause bv com
| VIM. Ross, East Penn, onal. for cause by com.
James Koons, Meatherly, foreman, chaPd for
cause by deft.
]. W. n us6aum, Lehigbton. saloonist, chal. for
cause by com.
| Ii. q. Leyanway LehightOn, broom manufacI'r r.
chal. for cause by dett.
| s -Abrm. Henry Frauklin. huCkster, no chal.
| 9-Levl West. Kiuder lum bel man, no challenge
| Lew Kern, challenged for cause by com.
| David Zlegenfusa, chal. for cause Dy com.
| T. nfutn "a baI fnr ~ hu 1pt