The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1877-09-14
CASE CALLED AT 1l:17 A. NJ.
WEDNESDAY, SEPTEMBER 8.
REPORTED BY S. N. WALKER.


and the indictment containing three counts,
one for burning the Exchange Hotel on the
night of the 22nd of May last, one for at
tempting to burn it on that night, and one
for subsequent attempt, had been read to
him, he refused to plead to the indictment
as joining two distinct felonies not .joinable
by statute, and asked the court to compel
the Commonwealth to elect upon which
charge she would go to trial. After argu-
ment, the court declined to do as requested,
whereupon the defendant moved to quash
the indictment. This motion being over
ruled, land exception taken the defendant
pleaded not guilty. whereupon a jury was
| impanneled.
In the Oyer and Terminer each Juror is
sworn singly, the practice being to call
one at time to the tribune in front of
| the bench where he is told TO look upon
prisoner, and the prisoner to look upon the
juror, and the prisoner is asked "what say
you, challenge or no challenge ?" he having
the right to twenty peremptory challenges.
Generally the prisoner, not wishing to ex-
| ercise this right too hastily makes no an
swer to the question, but has the juror sworn
upon a coir dire, Ito make true answers,) and
| asks him if he has formed or expressed an
| opinion as to his (the prisoners) guilt or
innocence. Upon his answering in the
negative, the Commonwealth who has four
peremptory challenges, may either challenge
or order the juror to stand aside, (whereup-
on he is passed, not "stood asde,' until the
remainder of the panel is exhausted J or as
sent to his being sworn in the cause if the
last, the defendant either accepts or refuses
him; if the former, he is sworn to try the issue
and takes his seat in the box. if the latter,
he goes back to his place in the courtroom.
If the juror says he has an opinion he is
challenged for cause, and, if the challenge
is sustained by the court, is rejected. Such
is the usual practice, except that. in capital
cases, the Commonwealth first asks the Juror
if he has conscientious scruples upon the
subject of capital punishment, and if he has,
| challenges for cause. Persons unfamiliar
with courts will now be able to understand
the following
John Cadman, Joseph Hickman, Archi-
bold Patterson, Isaiah Yeager, Allen She'll
hammer, William ]. Allen, Nicholas Kindt,
d. M. Thornton, James F. Kile, and c. G.
| Trench, ten jurors, were peIemptorily chal-
enged by the defendant, and Willis Hart.
man, who had formed and expressed an
| np;p;op ,voo oh o1 1lanna5 for oouso
Charles R. Housel, VIM. Z. johnson,
Aaron Grover, Thomas Merrill, Marvin
Kline, and William Beishline, six, Ezra
Hill, Jacob Artley, Chas. Reed, T. NJ.
Mensch, Thomas Brobst, Septemius Hess,
Allen White, Ezra Stephens, Dennison
Cole, George w. Ruckle, John F. Fowler
and Geo. P. Dreisbach, twelve, were sworn
to try the cause.
District Attorney, j. NJ. Clark, opened
the case telling the jury that, though no eye
| witness could be brought to swear that he
saw the defendant set the fire, many would
testify to seeing him in such suspicious cir
cumstances that the jury must infer his
guilt, as that he was seen in the afternoon of
the 22d at both the places, (the boxes of pa
per and the coal.oil barrels in the cellar, J
whence the fire first sprung, that he had no
business there; that his bed was not disturb
ed that night, that he had made inquiries of
various persons in the neighborhood of the
building in regard to their insurance, had
advised to insure, and prophesied fire, that,
after the alarm was given, he was found
completely dressed, though he had been the
last man up that evening, and that subse-
quently he was met by Mr.. j. q. Brown
coming out of room in which were several
hundred ignited matches, some on the floor
and some on table, scattered about.
&C. Brown, the first witness for the Com
monwealth. was called now only to the mat.
ter of four drafts of the building lone of the
cellar, and one of each hoor,) and of the
time and place of the fire. He testified that
he did not know whether he was walked by
the cry of fire or by the smoke, but that, al
about half past one, on the morning of the
23d of May, he was reused in some way
heard cry of fire, and noise in the hal
below, dressed himself as soon as he could
got his clothes and started, yelling fire ai
he went; tried to get in elsewhere, but coulG
not till he reached Meyers on the corner O
Market and Main came back and looked
for the fire saw that the cellar and part o
of the floor of the west wing were on fire
the dining room floor about half burned out
the first and second stories of the east wins
apparently on fre-all originating in tn,
cellar. lie did not knock at any door in hii
hall, saw no person there, but ran, screaming
freI
George b Kitchen sworn, said he WORKED
about the house and on the lot toward th,
river; was in the cellar, somewhere betweel
three and four o'clock on the afternoon O
the day before the fire, sprouting potatoes
when Kramer came in, passed withou
seeming to see him, and went toward tn
boxes of paper, soon came back, spoke I
witness, and said be had been looking for
board to make shelf for, one of the girl
and went back again to the boxes and run
aged about, and then came back past tn
witness and so out of the cellar. A coupl
9 of weeks before Kitchen had been dowI
gathered up the loose papers, put them
the boxes, nailed them In and piled them u
I in the corner. He thought strange of Kre