The New Bloomfield, Pa. times. (New Bloomfield, Pa.) 1877-188?, 1878-01-15
[Rsported en cnas. II Smiley, ESQ ]

Reported by Chas. III Smiley, ESql
Court Proceedings. one o'clock p
NJ, on Monday the 7th day of the pres
ent month the January term of the
several courts of Perry County began.
The afternoon of Monday was occu-
pied in the usual way, receiving the re-
turns of the constables from
the different districts, getting the
machinery of the court into operation
and disposing of the numberless. items
of miscellaneous business that must pass
through the court which are of individu-
al interest only, and never come to the
knowledge of the public. The term of
Office of the Hon. John A. Baker, Asso-
ciate Judge having expired, his successor
Hon. Samuel Moss, was duly qualified,
and his Commission from the Governor
of Pennsylvania for five years, dating
from the first day of January, 1873 was
read in open court by the Prothonotary,
and David Mitchell, Esq, was also sworn
in open court and entered upon the per-
formance of the duties of the office of
County Surveyor. The majority of the
Bench being Democratic in politics, their
civil service reform theory necessitated
the appointment of subordinates of like
political faith, and accordingly William
Wallace was appointed Court Crier and
Thos. Sutch, Jr., Tipstaff, The retire
ment of Judge Baker from the Bench
was an event regretted most by those
who knew him best. An experience of
three terms peculiarly fitted him for
the position, and the uniform kindness
aud courtesy displayed towards those
who sought him in his official capac-
ity, as well as his integrity and decided
abilities, made him a justly popular and
valuable judge. He retired from his
position with the regrets and best wishes
of the Bar, and well earned reputation
wide spread and well known. His sue
cessor, Judge Moss, created favorable
impression and will doubtless make his
term creditable to himself, and useful to
the public.
The Grand Jury received an unusually
elaborate and lucid charge from his
Honor Judge Junkin in view of the fact
that certain crimes of high grade would
be presented for their consideration.
In the Common Pleas there were three
civil cases in which Judge Junkin had
formerly been interested as counsel and
for the purpose of securing an impair
tial and unprecedented trial beyond any
peradventure, Judge Bucher was called
TO preside.
The first case called by his Honor
Judge Bucher on Tuesday morning was
Henry Keci for use of John Rynard VS..
Henry f. Drawbaugh. This action grew
out of the following circumstances =
Henry Keck some years ago was the
owner of lot of ground in Spring twp,
upon which he had erected a Distillery.
In the month of March, 1869 Keck sold
this Whiskey mill to Drawbaugh, ia king
either for the whole or part of the pur-
chase money a Judgment bond for ST 900
after fee simple deed had been deliver
ed to Drawbaugh. Some time afterward
Keck transferred the judgment above
mentioned to John Rynard, and Draw
baugh conveyed the Distillery to Aaron
Egolf. After five years had passed from
the execution of the 81 800 bond, Egolf
rendered re-conVeyance of the premises
to John Rynard and demanded surren-
der of the bond, alleging that at the
time of the first sale there was col
lateral agreement not reduced to writing,
by which Drawbaugh was to have the
privilege of surrendering up the Dis
tillery, and receive back his bond, and
that the alienee of the premises, and the
assignee of the bond were bound by the
original agreement. To this Rynard OBJ
jected and sought to recover the amount
of the bond. Under the instruction of
the court, and the evidence in the case,
the jury found a verdict for deft
The second case was Samuel Fravel
VS.. John Witherow. This was an action
on the case brought by plff. to recover
damages from deft. for the filling up of
his mill dam with saw dust. AT the
farm of Oliver Rice in Centre twp,
spring of water of considerable volume
bursts out of the bank by the road side
and flows down through the meadows
for about half a mile where tits confined
by dam and utilized by the saw mill &
fulling mill of Jno. Witherow. A short
distance further down is the dam of S.
Fravel for the purpose of running his
Grist mill. Fravel complained that the
saw dust from Witherow's mill came
down in such quantities that it had ac-
cumulated to depth of feet in his
dam, rendering 1t almost useless. In
the development Of the case 1t was shown
that there had been a suit at law some
years ago between Witherow and a
former owner Of travels mill, which