The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1879-03-14


Court met at Il o'clock, a. m. on Monday
| last with President Judge Dean aud Asso-
/ ciates Flanagan and Thomas on the bench.
| The names of attorneys were called, to
! hear motions, petitions, etc, after which
| came the list of traverse jurors. The entire
panel, with the exception Of FIVE jurymen,
answered to their names. Constabies John
! WHEREBY, of Ebeusburg, and Henry Byrne,
/ of Cambria town ship, were appointed custo-
] dians of juries while in deliberation-
A. V. Barker Esq, asked leave Of the
Court to make a specia! motion that the case
of the County Commissioners VS. Ex-Treas-
| urer FreidhCf an action brought to reopen
1 certain accounts allowed as credit TO Mr..
! Freidhoff by the late board of County Aud
| itors, should be placed first on the list for the
/ second week of JuneA term next Allowed.
! Mr. Barker also asked, through motion, for
I the board of Commissioners, that the pay per
day for the maintenance of prisoners now
allo wed the Sheriff, so cents day for each
I inmate of a cell, should be reduced 10 Z5
( cents A rule was granted by the Court TO
show cause why the proposed reduction
should not be allowed.
The list of causes was read, and all but
I half dozen so were ostponed, Tor good
! and sufficient reasons assigned.
/ At II o'clock, IN, jury In the case OF
Tierney vs. Wilkinson was called, and Court
! adjourned.
AFTER NOON SESSION.
Court met at O'Clock, when the case Of
Tierney va. Wilkinson was resumed. The
merits of this action, in brief, are that f. 2.
Tierney, ESQ, endorsed for James Wilkin-
son in the sum of S165 in the year 1872, and
/ afterward was obliged TO pay the note at the
| ban king house of Collins, Johnston & Co.,
Ebensburg. AS guaranty against loss,
some notes and accounts were subsequently,
/ transferred by Mr.. Wilkinson TO Mr.. Tier
new amongst others one against Rev R. g.
Christy for the sum of about SI5. The re-
yerend gentleman is since dead, with no es-
tate. Claimed, on the part of the plantih,
that the account against Father Christy was
{ pSfo rad n he def
should not therefore stand as a set-oh in the
settlement of the note. The re-transter was
denied by defendant, who claimed that the
Value of the note was lost to plaintln through
want of diligence in the collection thereof,
After argument by counsel and an able and
impartial charge by Judge Dean, the jury
returned verdict for the defendant.
| The rest of the afternoon was consumed
In listening to an itemized account of a store
bill Mr. p. E. Sbaffer, of East COnemaugh,
made an assignment some time since 10 Esq.
Strayer, of JohnstOwn, for the benefit of his
| creditors, and the Indebtedness OF a McClar-
rem family to him, for his assignee, was
proven. II amounted to nearly S400. By
order of Court, the jury recorded verdict
for plaintiff in the sum asked for, with IN
terest.
EVENING SESSION.
ATT O'Clock, the case of Cree VS.. Cree was
/ reached John a. Cree was plaintiff, aud
David K. Cree defendant. They are
( brothers, and they and their families reside in
u.
to which owed the other arose, and this cause
. comes as an appeal from Esquire Fiske s
docket, White township, to Court. The sum
claimed by plaintiff was about S35. Prior
to the taking of testimony, and after jury
I in the case had been sworn, counsel for de-
I fendant made tender TO plaintiff of S1S-
the amount in full owing by defendant 70
the plaintiff, claimed by the latter. Re-
fused, for the reason that the question as to
who should pay the costs OF the suit, the
plaintiff or the defendant, would yet re-
main open. A large volume OF testimony
on either hand was elected, the tenor oi
which went to show that it would be a good
. thing for the general public il brothers could
go arrange it that they lived in no other con-
} ditiou than in a condition of harmony, and
} Court, at $50 O'Clock, adjourned.
TUESDAY MORNING.
Court met at 9 o'clock, and arguments ot
counsel were listened to. Mr.. Reade spoke
for plaintiff, and Mr.. Johnston for defendant e.
The jury retired at 10 o'clock and the verdi CT
, in the case was that John A. failed to make
, out the claim as against David X, and some
. costs must be paid and the family unhappi
: ( ness will doubtless continue.
The case of Stewart VS. Dunmyer was ta-
ken up. 1t was acforeign attachment issue
the amount involved being $3.50. The de
fendent in the case lives in Kansas, but wal
formerly a resident of Cambria county. Hi
? name, in foil, is Simon P. Dunmyer. The
trouble was about some lumber, to the claim
, ed value as before given. The jury patient
I ly listened to much testimony, and went ou
aud some time afterward brought in a verdic
, in favor of plaintiff in the SUN of S1S1.7
D TUESDAY AFTERNooN.
i, The case of Bredemyer VS.. Ryan occupied th
4 attention of Court. The defendant in this cas-
: / is Sheriff Ryan, who, in the exercise of what b.
: / understood to be his duty public officer
a Claimed. on the part Of the Defendant, that tn
e properly sold was the property of thir
: testimony and to a speech made BY Mr., Nc
:. LaughIin for the Sheriff, and likewise to re
snr. lot In nF c.
n Donmyer, occupied up to the hour of . o'cloc
g at night, an intermssion having meantime en-
. sued Tor supper.
; WEDNESDAY MoRSISe.
Y Court met at O'Clock, and a plea for the dc
If fendsnt in the above was heard from Ja
. the jury. which then retired and subsequent
:, brought in a verdict for the plaintiff
a The argument in the Stewart DOnmyer cas-
" was continued, and at its conclusion the juT
|. ! retired and were not long in deciding upon
n verdict FOR the plaintiff.
d George NJ. Cree VS.. John A. Cree. Verdict fc
Is the plaintiff in the sum Of ss "a.
d dict for the defendant.
4 Ex Treasurer FreidhoG, through his counse
: L: G. Kerr, Esq, made admission OF his indeb
: eduess to the county in Il certain sum not Ut
o puiated, aud averred his willingness TO pay ov'
n the money on order of the Court. The Cou
a the sum he is indebted to the county.
/. THURSDAY FORENOON.
- The case of Susquehanna Township VS.. Lu tn
and Helfrick completed the list for the presei
St Uf tfFR 1Pi. Judgment for the plaintiff ini0e 'u
SENTENCES.
The following sentences were imposed
- John Lahner alias Metzgar, convicted of 70
y gerry, was sentenced to three months impriso
OF ment in the county Jail.
Mt Noah Murphy, found guilty of stealing a sa
q more upright than himself, will enjoy ;he nc
y pitalties OF the Western Peni.entiary for
: term of two years, and as a further mark OF E
e TEEN will be requested to pay fine of eco al
E. costs of prosecu ton.
q, james Sinsabau9h, who plead guilty to Il
at CnhrRSs OF forgery, was instructed 10 prepa
ia himself for a two years residence in the Yves
II Penitentary.
g, Joseph Brown, for carrying concealed wea
T, ons, will remain Hp inmate of tie county j,
a. for the period of three months.
. Court adjourned finally at IL O'Clock, A. NJ
Y, -
O. SHOCKING MURDER AT BRADDoCK's
70 lad named Hunter, driver of a cinder ca
ne at the steel works in Braddock, near Pitt
OF burgh, was brutally murdered on Wedne