The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1877-03-10
Court and Court Gossip.

| Monday 'B mCetlng OF OOuIb ulu NV NuA9 "'N~'
from previous occasions Of the kind except thao
the attendance, probably OWING to the tact tnat
the miners are again at work, was rather slim
l.. comparison to the opening days Of late Courts
Yet the Courtroom was crowded, aud the after
moons entertuinment al iC could have been de
sired, for no sooner were the several dilntOry
motions Of counsel disposed OF than Dan. Kalb.
fus. Esq, somewhat relieved the mOnoiony Of
the proceedings bv diving into the editor Of the
] Coal Gazette unsparingly end without gloves
{ Whether deservedly or not 1t is not for me TO
| say bull am one Of those who opine that the
several letters Of Campbell touching Mr.. X.
| having 10 connection nor bearing whatever up
on Kelleys confession. might as well have been
left unpublished. Unfortunately our coniTere
thought differently, ana for ms indiscretiOn re-
ceived as sound tOnRue.lashing as only Kalb-
| fus knows how TO administer. That MT h.
| should have moved the expulsion, indiscrimin'
| ately, OF reporters, was, think, rather more
than was warranted by circumstances, as in my
| own case. 1 think may well claim never to
have offended any of the legal fraternity, al
though for the last three years silently accord
ed the privilege OF the bar. That Mr.. Boyle
| should imprudently have used information in
his possession to tie prejudice OF Mr. Kalbfus
much as 1t is to be regretted, should never be
allowed TO work to the prejudice OF all. Besides
what are the oddsl Did you ever hear of law
| yer who refused to milk the COW SO long as she
was in milking condition. But here is where
the editor of the Coal Gazette made his grand
mistake. II, instead of particularly referring
to Mr.. Kalbfus, he hao referred to the entire
profession. the harm would not have been half
so great But why enarge3 Let Mr.. BOYLE
pocket the UruDbmg while your correspondent
| punn0VOr
the legal Maternity occasion for ousting him
| from The seat hitherto occupied by HIM. There's
policy in all things, and as st. Paul SAYS, tho
| thlhEs may be lawful, they're not always " ex-
pedlent" and ON The whole Mr. BOyle's was u
mistaKe Of expediencY."
Com. VS.. ThOs. Kitchen; surety OF the peace.
| This was the first case called by the common
wealth, and heard by the Court without jury.
From the evidence adauced, it appears tnat
| Kitchen and h. X. Shelhng, the prosecutor, are
neighbOrs, residing in Kldder township, and
| that sometime ago they had little squubble,
| III the course OF winch stones were thrown, and
| IN consequences of certain threatt ming expres-
stOns uttered by Kitchen the nelghbOr Smelling
considered his life IN jeopardy. The case occu.
| pied the Courts attention for about two hOuls,
and during its continuance created not little
melrlment among Court and auden In fnct
tne mimi aule Kitchen carried the house by his
| frequent uemOustra ION of facts and droll eX.
pressi0ns, not to mention his very frt qlent and
| fo'ci6le swearing. on the whole we should say
| that there was little In the case, and, although
the Courts decision Is not yet known. that Mr..
Kitchen may get OF with reprimand, be com.
PEELED TO enter into b nds to keep che peace
ana be permitted to foot the Oil. Siewers iOr
commonwealth Albright and G. aig for dert
| Com. VS.. Hugh Laughhn. VIM. b Taylor.
prosecutor F1Om tine evidence II appears that
one day, some time ago. the prOsr cutOr, while
| travelling the road in sleigh, encountered the
defendant in the public highway near RockpOTt,
| when defendant not only used ruffianly langu-
| age towards hm but dlO him some slight bOdi-
| ly harm, although the assault, 1t seems, was
quite unprOvOKed. There was al Igument by
| counsel and charge by the Court after which
| BertOlette addressed TO the Court what he was
pfrased TO CAL, an explanation from Mr.. BOvle
with regard TO the Boyle-Kalbfus difficulty.
The less said aUout 1t the better. Drop The sub.
| Ject, gentlemen please, and call 1t quits. it's
useless 10 waste ann unition over what certain
surfing which Mr. Kalbfus should not be blamed
| The jury IN the case OF Com. VS.. Iaughin
now enleI the courtroom with verdict OF not
guilty, but adjudging the pay ment OF twO-thirds
OI the costs to defendant.
III the KltCheI -She.lng matter. the Court
/ then directed the ueieuuaIt (Eiltchen) to pay
the costs Of prosecution anu euUer INTO $40 u
Keep me peace IOWards tho prosecutor (Shel-
lngl IOr one ear.
Com. VS., Benz Boyer in which a cert ain Mr.
H0uAer inquired as prosecutor, next claimed the
attention OF Court and Jury. AS the case was
developed IN court, it appeared that there had
been woman IN the case tia, Boyer IN endea-
VOri9g TO cause his wife 20 t turn hOme. had en-
i~SSered the premises of the prosecutor aud that
| 0Al occasion the trouble arose winch gave
rseao an action for assault ana battery, and
that, although HOuser figured as y, OsecutOr,
| most deserving sympathy.
Com. VS.. "; schooh, Jr.i assault and battery
MIS-. Ellen Weiua prOsecuGIix. At last and Tor
the first time in cur earthly pilgrimage. Lave
| we Wltne sed the arrangement Of youth scar
ceiy IN nus teens, lor The striking Of another
are still ,lving and even shortly after the tel n
| bic combat had shown no signs OF the Dreadful
encounter, IL appears to us that this action Is
brought into Court merely TO gratlfy the iligi-
| ous whims of the tender parents. In TACT 1t is
almost too ridiculous TO think that such an nc
suffered
attention OF Court or Jury. But somehow the
case got into Court, and the sequel will no
DOUBT be that both parties Will be bled. Yer
| dict not Rulty-each party TO pay half cOsIs"
The jury in the case of Roy or now re enter
| the court room with verdict of + not guilty"
| ana declaration that they have elected TO com.
pei the prosecutor TO pay one fourth and the do
tendant three togrtas of the COSTS. A very SEN
| slble verdict in the judgment of the Court
Com. VS.. VIM. IrumDaur larceny. II. D.
| Rouse prosecutor. Defendant apo ars in court,
| and makes his bow to the audience. lie Is
| Pennsylvania Dutchman, native OF Pea-Nu
| CITY, apparently between % ana 2s years Uf age
| aid JOeraDly well dres, ed. From the evidence
il appears that on the 9Th day OF Nov, 1919, de-
tendAnt hired a rlg frOnl Qlainth Ia resident Of
Weatherlyl, Just TO go up the valley toCrapps"
| the last he saw or heard of It. until u few DAYS
Afterwai ds telegram aDprised him OF Its pres
| enCe al MahanOy CITY, where defendant had
| represented himself as a drOver and had en-
| deaYOred 10 contract loan upon IL from tho
| of defendants reputation appears to be none OF
the best
Com VS.. Michael Mcmahon assault and bat
| teIy upon the person OF Mrs. Norah Gillespie.
| Defendant candidiy acknowledged the " corn
| anu was tined S5 and ordered 10 pay COSTS.
Com vs. Dan. Rex assault and battery upon
| the person OF VIM. Sitter. The parties TO tins
action are neighDOrs both residents OF MahOn-
| ing township AID on the Sth Of January last
| were out tOg ther to open a road through the
| fields, and. a nttle dithcuty occurring between
| Them the result Was-as is generally the case
| hiwh wOids followed by blows, in heu Of settle
| meut IN which plalntih rot rather wOrsted.
| Siewers and Craig ior commonwealth; Albright
| for defendant. Verdict " not guilty" Each
| party To pay half the costs.
In the case Of Com. Ns. VIM. TrImbaur. the
iury come into court with verdict OF "guilty )"
WhereuqOn counsel asks lOf tllne 10 NE reasons
| for new trial.
com. VS. Patrick IuI ley; malicious mischief
| Whether for the purpose OF securing ride. or
| from sneer wahtOnuess 1t did not Opear, but it
/ aid appear that the defend INT, Jointly with
others was IN the habit ot turning cars loose
| on tae Beaver Meadow Branch OF the l.. V. II.
| r., running them Gown the = ade, and leaving
| them on the track, aud that thereby he not only
greatly annoyed the company, bat also endan-
| gered the lives and limbs Of those on board of
| nDDIOaChlug trains. In August last defendant
was caugnt at The game anu LOGGED In an Tho
DrJ, &c ut on naVinR failed 10 estb ISL the fact
| OF malicious intent une would naturally look
| for a verdict OF acquittal but, t's LarO. you
| know, to fOreten what jury may or may not
| DO. Slewers and Craig for commonwealth
| LOngstreet for defendant The iurl found the
| defenOant mot guilty." wheIeupOn he was dis
| charged and soon lost 10 sight.
| A desre on the part of the judiciary to clear