The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1878-06-15
Court Proceedings.

The constables of different boroughs and
townships were sworn and handed in their
reports. No violations of the liquor law
were reported.
John Conway, John Sherry, II. P. Levan,
James Walker, and John Painter were ap-
pointed tipstaves.
The list of grand Jurors was called, the
jurors sworn, then charged by Judge Dreher,
when the body proceeded to the grandeur
room. The following gentlemen compose
the grand jury: Josiah Ruch, foreman
William Ash, Fred. Beer, Josiah Bowman,
| Paul Buck, George Boyle, A. j. Christman,
George Carroll, Alexander Early, Patrick
English, Alven Froy, Jacob Ginder, sr.,
Isaac Ginder, jr., Jacob Hettinger, Thomas
| Kuehner, Frederick Leuckel, William Ees-
ley, David O'Brian, Wilson Peters, Rein
| hard Ruff, William Ruch, jeremiah N.
Snyder, and John Yaeger.
Commonwealth VS.. Benton Horn, was the
first case called. After hearing testimony
or both sides, the case was dismissed by the
Court at the cost of the Commonwealth,
TUESDAY.
The case of the Commonwealth vs..
Phineas Kibbler, desertion, by continuance
from last court came up Tuesday morning.
After hearing testimony, the Court ordered
that defendant pay the sum of $4 per month
toward the support of his wife and child,
pay the costs in these proceedings, give
security in 5000, and that he stand COM
mitted to jail until compliance with sen-
tence,
In the case of the Commonwealth VS..
George Krick, General Albright moved to
quash the indictment, and the motion 10
quash wue sustained by the Court
Court then adjourned until two o'clock.
After court opened the District Attorney
called the case of Commonwealth VS.. John
Freideman, charged with larceny and receiv-
ing stolen goods. There being no testimony
offered against the defendant, the jury rem
dered verdict of not guilty.
In the case of the Commonwealth vs..
James Durkin, charged with the murder of
George X. Smith, District Attorney Siewers
made motion for noHe proSsgui. The
counsel for defense, who wanted either o
final discharge or trial, were granted per-
mission TO file objections. 0..
Com. VS.. Manoah Schockency, Harry
Header, and Jacob W. Gray. Defendants
pleaded guilty.
Com. VS.. George Krick; charge, attempt
to practice medicine without having been
legally qualified.
George Kibbler, the first witness for the
init Hill told of being sick and of Krick
giving him medicine.
In ross-eXamination said he took Krick's
medicine for three weeks.
DR.. DeYOung was sworn, and testified that
he lived in Mauch Chunk, and practiced
medicine in that place that he met the dc,
fendant in Upper Mauch Chunk and had q
conversation with him, he asked Krick
whether he was regular practitioner, and
the latter answered negatively; the defend
ant also said to witness that he had no diplo-
ma or license.
Harry Albertson testified that defendant
had handed him a circular two or three
years ago. The defense objected to this tes-
timony. .l,
C. NJ. Ebbert testified among other things,
that the defendant came to his store had q
conversation with him defendant told him
that he had no license witness told him
that he didn't need any; that, if he got into
trouble in court, he would write to the Gov
ernor, and the latter would make it all
right.
Thomas Kemerer was also sworn, but his
testimony was unimportant. ....
George Williams testified that he arrested
Krick defendant told him that he had not
been to any college, and had not taken out
a license; that he did not need any of those
things also told him that he had made
cure in East Mauch Chunk.
DIR. DeYoung, being recalled, testified that
Krick had told him that he would continue
to practice medicine in spite of the law or
any thing else.
The defense offered q certificate from
Luzerne's Prothonotary, and had number
Of wonderful cures made by DR.. Krick.
Com. VS.. Reinhard WINNER; assault and
battery. Settled by defendant paying costs.
Com. vs. Harry johnson, jr. assault and
battery. Settled by defendant paying costs.
In the case of the com. VS.. Fred. Miller,
in which Jacob Shingler was prosecutor, the
gVand jury ignored the bill, and ordered the
prosecutor to pay the costs.
WEDNESDAY.
The jury in the case of Commonwealth
vs. George Krick returned Il verdict of not
guilty, and put the costs on the prosecutor,
DR.. II. DeYoung.
At this point the matter of granting to the
District Attorney not pros. in the case of
Thomas Durkin, claimed the attention Of
the court. The defense had been instructed
to put their reasons in writing. They did,
and the reasons, as sworn TO by ThOs. Dur
kin, are given below:
First. That he has already been in con-
nnement over more than two regular terms
of the court of Oyer and Terminer Of this
county.
Second. That, if the Commonwealth after
this lapse of time is not ready to try the
prisoner, he is justly and legally entitled to
his discharge as provided by the act of as
sembly.
Third. That he is prepared, and has been
prepared ever since the first time of his ar
rest, and is now ready to go to trial, and de-
mands from the court either his absolute dis
charge or trial before jury, to which the
law entities him.
To the objections of the defense, the Dist.
Attorney replied that two regular terms at
which the defendant might have been tried
had not passed, that the April term was ex-
hsusted in the trial of James Mcdonnell and
Charles Sharpe.
Wednesday morning the court, after hav-
ing held the matter under advisement,
granted the motion of the District Attorney,
and allowed him 10 enter n0iie proSe9ui.
To this ruling of the Court the defendant
excepted, and prayed the Court to seal for
him bill Of exception, which was granted.
Freeman Woodland, larceny, was the
next case called. IL. J. Woodring, prosecu-
ton.
Monoah Shockency, Harry Header, and
Charles W. Gray were in two indictments,
OH . A.. l.. UN-F- 4 l.. IL