The New Bloomfield, Pa. times. (New Bloomfield, Pa.) 1877-188?, 1878-08-13
Reported by cnAs. II. SMILEY. ESQ.

Reported by CHAs. II. SMILEY, ESD
Court Proceedings. Monday morn
ing the citizens of the county, some seek
ing justice, and some to crafty curiosity
began to assemble to be present at
August Court. At l o'clock p. NJ,
Judge Junkin and his associates were
ready for business. After the transac-
ton of some miscellaneous matter the
following cases were tried
COMMON PLEAS.
David Kistler VS.. The School District
of Madison twp. This action had its
origin during the late war, when
drafts were made to fill the appor-
tionment of the different Districts for
the ranks of the army. When the last
call for troops was made by the Presi-
dent of the U. S.,a general meeting of
the citizens and school directors of Mad
ison township, was called for the pur-
pose of determining whether tax
should be laid to bounty the District
The result was a very heavy vote in fa-
vor of raising the bounty, and in addi-
ton to the $400 allowed by law, it was
determined to raise another 800 for each
recruit by subscription, and David Kist-
Ter and VIM. l.. Beale were appointed
committee to fill the township quota. In
pursuance of this appointment, % men
We're put in by Mr.. Kistler, who, after
having exhausted the available funds of
the District, assumed the payment of
the balance. From bounty funds subse-
quenuy raised Plff, was recompensed in
part for the money he had expended,
but he claimed a balance of several
hundred dollars still due. Deft. al
1nnnJ Il hoH hoat, ,Nnt1 IN fill for oil
that the Township was liable. The
evidence disclosed the fact that the
parties relied on the integrity of each
other at the time of the transaction and
now after the lapse of 10 years, papers
were lost, pledges forgotten, and the
evidence on both sides necessarily vague
and indefinite. After full hearing of
the case, it was agreed by both parties
that substantial justice would be achieved
by verdict of 5000 for Plff. which was
accordingly rendered by the Jury. Nc
Intire and Smiley for Plff. Barnett for
Deft.
Philip Kell and Simon Kell VS.. Benz.
Rice and b. +. Rice was an action upon
scirie facias given originally to secure
purchase money of real estate. There
was private right of way over the
land purchased by Defts. which it was
alleged Plffs. promised to buy from the
parties entitled to the same, so that
Defts. should possess the land free from
all encumbrances. Plffs. denied that
there was even any such agreement or
understanding. In order to settle the
difficulty, the court opened the judg-
ment to the extent of $400. After hear
ing the evidence on both sides which
was directly contradictory, as was also
theexhaustive arguments of the counsel,
the Jury received an elaborate charge
from the court, retired for deliberation
and returned with a verdict for Plffs.
for $432.40. f...r
After the termination of this case the
QUARTER SESSIONS
list was taken up. The first case called
was the
Commonwealth VS.. William Dearing.
Defendant owns kind of peripatetic
saw mill that stalks into locality and
devours all the growing timber within
its reach. Sometime since, this mill To-
Gated itself in the Raccoon Valley in the
midst of the hickory groves that cluster
there, and hickory trees and raccoons
alike disappeared before the rattle of the
wheels and the whiz of the saws. Dear
ing had purchased some hickory trees of
Jacob Yohn who had said thus far shalt
| thou 60 and no farther. Yohn alleged
that Dearing had taken three trees more
than were included in the purchase, and
that the peace and dignity of the Com
monwealth might be maintained, he
deemed 1t his duty to prosecute him for
stealing these trees. Dearing alleged he
took the trees but did SO under the be-
lief that Mr.. Yohn had sold them also.
The jury believed the story of the aged
prosecutor, renderd verdict of guilty,
and the court sentenced him to pay a
fine of SIS and cost of prosecution.
Commonwealth VS.. Amos Rodgers and
Robert @. Boden. This was an indict-
ment for the crime of abortion. Rodg-
ers was not arrested and the jury was
sworn as to Boden. The Commonwe ealth