The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1879-01-18


Estate OF peter Storm administrators re.
turn of 6 lie Of real estate Sale COZ frtned.
Estate Of Fred. Schuebel order of Court TO
eXcCutrix to sell real estate. Confirmed NlsI
Tue first ano final account Of Henly Boyer
administrator Of the estate Of Aquilla Reed.
Ac cunt confirmed NIsI.
Firs and final account Of VIM S. Ha1pel
guardian OF Elsie j. Weaver. Account con
Flst account Of Elmina Yeager, executrix OF
the estate Of Benjamin Yeager. Account con.
First account OF f. C. Wilson administrator
OF the estate Of Peter steel. Account confirm.
The first and final settlement Of T. ] and
W. HeOerlng, executors Of Daniel Heberling
Account confirmed NISI.
The first and final account of Thos Kemerer
administrator Of God1eo Nesley. Account con
Account OF Margaret q. Davis aud VIM. Gold.
straw admit istrator of che estate Of Thomas
@; Davis; Account confirmed NIsI.
Robinson. Confirmed E1sL
Account of Daniel Wentz administrator of
the estate Of WIN Peter Confirmed. NlsI
supplemental Of account of WIN GOidstraw,
administrator OF the estate OF Thomas G. Davis.
Conf med NIsI.
Ian and John W, lIarlan, executors of the viii
OF Malgaret Harlan. Confirmed NIsI.
Hirst and tiBal account OF VIM. Kemerer,
guardian Of a nCtta Shve. Confirmed, NIsL
First anu final account of Franz X. HarrinF,
execu tor OF the viii Of WIN. Strawn. Confirm
First and final account OF Philip Drumhellcr,
executor of the estate Of Jacob George. Con.
tilmed. Nj 81.
Widows appraisement Of the estate Of VIM
Miller. Confirmed Nj
First and dual account OF Mrs Ann Campbf Il
Confirmed, NlsI
First ana flual account Of the administrat tx,
Mrs. Fred Newhouse OF the estate Of Fred.
Schuebel
QUARTER SESSIONS.
On MOnnay the jurors were called and sworn,
nnd the following tlpstaves were appointed,
John Stronl, ~ ancis StOcker, James Walker,
John Dugan. Tavern, saOOn, and wholesale
liquor LICENSES were glanted to So applicants.
the Coustables were called and SwOln, and the
Court proceeded 10 the REGULAR routine Ousi.
ness.
Com. VS. Sarah Miller selling liquor without
license. Sentenced to nne Of $50 aud costs.
Com. VS.. hlcha Judktns, Jr.. TN eats OF in
jury sentenced to pay costs of prosecution.
Opinion of the Court was filed ill the contest
ed election of CDus. Meendeen.
Com Vs. Flank Munday surety OF the peace;
sentenced to pay hat the costs.
Com VS., Michael Boyle, as aut and battery
on Bridget Boyle; pleads guilty sentenced to
pa, line OF So aud cOsts.
The Grand JuIy return true bills as follows:
Geo. freezing, assault Frank Wood larceny
from cars,5 cases; Reuben Sc foss, rape Caroline
Brown DrosecutTix Geo. Hopper, J0nn Hoo
anP, John Riley, samuel Barnes. larceny, two
cases.
Inque on the bodies of owen GALLAGHER and
BelJ. Griffith Commissioners ordered to pay
order of the Court to lay out a highway in
Towamensing township.
Report OF viewers in the matter Of laying out
a pu ic alley i'll the borough of WeathGrly.
Confirmed nj 81.
Report OF viewers to lay out a road in Banks
township. Confirmed nj ST
Com. vs.. PatllcN Q Iiuu perjury; T.. r. Slew
ers,prosecutoI Grand Jury ignOr mus the bill.
Joan Riley, Geo. hipper, Joseph HOOlsng
plead guilty to larceny.
The case of libel, Commonwealth VS.. Joe.
Lynn, Robert Klotz, prosecutor, was brought
before the court at the afternoon session of
Tuesday. Gen. Chas. Albright, E. G. Fox,
Esq, of Easton, and District Attorney Slew
ers, appeared for the commonwealth, and
Hon. +. W. Hughes, of Pottsville, and p. j.
Meehan, Esq, appeared as counsel for the
defense.
The hon. gentleman, from Pottsville, i'm
mediately began legal skirmsh on the
front that was alarming to the prosecution,
as to the attendance and attaches of the
court who he had hoped for a speedy pro-
gress Of the case, He made a motion to
quash, on the grNpnd that no witness ap-
peared on the Indictment that the witnesses
on the back Of the warrant were sworn. After
an argument Of an hour, Judge Dreher over
ruled the motion.
Mr.. Hughes then motioned to quash, on
an affidavit filed by defendant, that his
name was not Joe, but Josephus Lynn. Com
monwealth moved to amend, which being
cation, setting forth that the defendant was
properly known as Joe, and not Josephus,
to which the defense filed demurrer, and
a jury was impanelled to try this technicali-
ty, and witnesses were called from different
parts of the county, all of whom swore that
he is popularity called Joe, and not Joseph
or Josephus. The commonwealth put in
volumious evidence to prove that defendant
has answered for years and has written his
signature to legal documents, "Joe." Mr..
Hughes plead that Joe was a nickname and
that man cannot be indicted by his nick
name.
Defense put in a number of letters and
kilograms purporting to have been written
by Robert Klotz,and signed Robt. Rob. Bob.
and Il. klotz addressed to C. B. Brockway las
evidence that the use of nick names are COM
mon. The prosecution objected, and the
objections were sustained. The defense then
put on the stand a number of expert witnes-
ses to prove that abbreviation of proper
names are equivalent to the tull name, and
that certain abbreviations are ncknames,
while used even by the persons themselves.
Tho Judge charged the jury that if they
find that the defendant although he may
have been chrstened Josephus, in after life
If he prefers to adopt different name, and
uses it in business be may he indited by it.
On the other hand if they find that the de-
iendant used the name "Joe," to indicate an
abbrevication, why then it is not his name.
man may,of his own accord, adopt name
different then the one by which he was
christened. If the commonwealth failed to
prove that the defendant had adopted the
name g. Joe" as his name, they must find a
verdict for the defendant. If on the other
hand they find he had adopted the name by
his own acts, they must find for the common
wealth.
The case was given to the jury at $3.50 p.
M, and their verdict was for defendant, set
ting forth that defendants name is JOsEPHUs
LYNN, and not Joe. Thus the indictment is
quashed, and commonwealth bring a new
indictment against Josephus Lynn. Grand
jury find true bill. The case was called at
the afternoon session of Thursday, but as
certain "oral and documentary" evidence
iD behalf of detendent, had "fold their tents
like the Arabs, and as silently stole away"
and besides senior counsel had imperative
business in Schuylkill county; and there
tore defendant prayed that the case be con-
tlnued, which the Court granted setting the
case for Friday afternoon.
The Court then proceeded to the trial of
the four young men implicated in the re-
cent burglaries in Weatherly and Beaver
Meadow, holding night session, in order
to retrieve, if possible, time lost by the exc
cution on Tuesday, and the misnomer case.
The Reading Railroad.
At the annual meeting of stockholders of