The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1880-09-17

/ and Thomas on the bench
Tho list of traverse Jurors was called, and
all but five answered to their names. vi
I those who answered, about a dozen were eN-
cused from serving, for satisfactory reasons
The trial list was called, for the purpose
of hearing any motions to be made
AFTERNOON SESSION.
Court met at o'clock. The list of law
yers was called, for motions. petitions, etc
jTne applicatiOns for new trials in the cases
of c. T. Schubert and Casper ROeth. con-
victed of libel will be argued at next Argu-
ment Court.
The first case taken up was that Of VIM.
s Patterson, of JohnstOwn, against lis
wife. Laura PattersOn-actiOn in divorce.
Adultery was the complaint advanced by the
plaintiff, his own brother, Samuel Patterson,
having been the despoier of his domestic
bappi0ess Two female witnesses testified
point-bank as to the guilt of Laura, and the
Jury speedily arrived at verdict IN favor
of the respondent. Both suitors and witness
es are colOTed, and so was the case through
out-highly colored with utter nastiness.
Francis Cooper vs.. L. a. CraVpr and Aug.
IIott was the next case reached. CraYer mad
borrowed money from Cooper, and his father-
in-Iaw IIOtt, had endorsed for him. a juGg
ment in favor of Cooper as against defend
ants for SS62 Il had been rendered. On the
allegation that uSuriOuS interest had been
charged, the judgment was opened and tins
trial had Though very long and very dull
the end, the difference rs between the claims
of plaintiff and defendants being a mere
trife BY direction OF the Court, the Judge
ordered the jury to render verdict OF
SS79. p for the plaintiff-judglnent and inter
est to date.
Adjourned at > 40 O'Clock.
TUESDAY MORNING.
Court met at Q o'clock \. NJ
The case of Bendlinger ". Dunmire ct al,
and the case of Bcndlinger ". Wendell, were
continued.
BradIey'S executriX VS.. Sheehan was case
wherein n difference as to the valuation of
certain personal property, to-wit: Three
hundred and odd feet of lead quarter-inch
pipe, existed between the estate of John
Bailey, deceased, and Timothy Sheehan.
The iurv after due delibcTation, found for
plaintiff in the sum Of S26.
The next case taken up was that Of Somer-
vile VS.. Hips K LloYd-aSSumpSit. This is
the opening Of a book account, brought TO as
certain the exact financial status existing be
tween the several parties. After hearing
some testimony, Court adjourned for dinner.
AFTERNOON SESSION.
The case of Somerville VS.. Hips 81 Lloyd
developed unexpected proportions. The
sum in dispute was not to say large, being less
than S4O0 hOwe'er the cat swings, but the
testimony occupied nearly ali the afternoon
in the hearing. The details, being eXcep
tionally dry, we omit them. Testimony
closed at 40 o'clock, when Mr.. Scchler, for
defendants, addressed the jury for half
hour.
Adjourned to meet at O'Clock.
NIGHT SESSION.
Upon re-aSsembling, Mr.. Readc, for the
paintiff, spoke for a half hour; when, after
the usual charge by his honor Judge Dean,
the jury retired to their private room for de-
liberation.
The case of FIattery V. Flattery was
reached at SD O'Clock, and a jury was called
and sworn, though not till after the panel
had been exhausted and one talisman was
cited into the box. The hearing of motions
and exceptions and other like legal methods
of delaying justice retarded business until
the hour Of 10 o'clock, when Court adj
jOurned.
WEDNESDAY MORNING.
Court met at Q o'clock, when the list of
attorneys was called.
The verdict of the jury in the case of
Somerville vs.. Hips & Lloyd, which had
been scaled about the hour of 10 o'clock the
night preceding, was handed in. 1t found
for plaintiff in the sum of s204. 50, with in
tereSt from September, 1876, to date.
The case Of FlatteTy vs.. FIattery was re-
sumed. 1t is claimed by plaintiff. Mrs Flat
terry, that the defendant, Judge Flattery, is
indebted to her in the sum of So 40, and
this action is brought to enforce payment of
the claim. All the testimony was in at I.4j
o'clock, when Court adjourned.
AFTERNOON SESSION.
In the FlatteTv case, after SundTy rendi-
tions of the law made by Judge Dean, Mr..
Potts engaged in lengthy argument for the
defendant followed by Mr. Johnston for the
plaintiff. The jury, after listening to the
charge frOmltheC retired, and ultimately
returned with verdict for the plaintiff in
the sum of s., 740.
NIGHT SESSION.
The case of Kearney W.. Leiden came next,
p. r. Kearney being the plaintiff, and Adam
and Jacob Leiden the defendants. This ac-
ti0n was brought by plaintiff to test the right
of defendants to have or hold any real or per
Sonal property. Court adjourned at 10 o.
clock, with the case still undecided.
The case OF FlatteTy vs.. Horne was set
tied by the pay ment of costs by defendant.
SCOOPING THEM IN.-Thc Bchc-Dmm
burglars appear to be coming to where they
belong. The first parties arrested We're Am
brozc LantZey and John SwOpe. After
them, were gathered ia Emanuel Vent, Luke
Platt, Hudson Oaks and - Miller. Some
of these, or all of them, may be able to eS-
tabiiSh their innocence of the grave charge
brought against them, and we hope such may
be the case. But the uncrrlng finger of JUS
tice points straight out in the direction of the
guilt of at least two persons who are now in
mates Of our county jail. One, who gives
his real name as Frank Scott, was grabbed
up Monday afternoon while visiting the iail
in this place and a hearing was accorded
hm before Esquire kinkcad Tuesday after
noon, at the hour of one O'Clock. Mr.. Behc.
one Of the victims Of the gang, was present,
with his wife. and both of them testified.
tice Of Mr.. Bche, indicating the accused,
who sat only three feet away Il do. was
the answer: he is the man from whose face
! tore the mask on the night of the Both of
August 50 To Mrs. Behc was put the inter
rOgatory " Do yOu recognize that man . -
II do" was the reply. " How DO YOU know
me? asked the accused. 50 BY your eyes
your nose, your size, and your general ap-
pcarancc," was the answer. District At
tOrney Rose represented the Commonwealth
at the hearing, and on the strength of the
testimony of &Ir. and Mrs. Behe, that officer
instructed the Squire to commit - California
Jack to Jail without bail, the charge being
one within the pUrvicw OF the over and
Termner. The instructions were needed.
and, though the accused pr0fcSSed his ability
to prove an abb, and suggested the proba-
bility Of a recourse to a writ of b0beGS corpus.
he was escorted back to jail with the brace
lets on his wrists. The second seemingly
guilty party to whom we refer is a man Of
many aliases, to-wit j. ii. GaTnan, Jack
Tibbott. Ike Tibbot, and Texas Jack. -
This exceedingly numerous individual as to
name was arrested in .TohnStown early Tues
day morning and was brought to the ial in
this place the same evening. He is hy Cener-
al consent accredited with having been tine
chief engineer of the burglarouS plot. 4
mark such as would fit the club which was
wrenched from one of his aSSailautS by Mr.
Behe and laid over the head of said niscrp-
ant is discernibe on the froutispiece of
Texas Jack" Besides, it is given As a fact
that he was quasi resident of the north end
of the county. with headquarters at or near
PlaJtvilie, where, though not married, he
lived with n bTevet wife. According to the
JohnstOwn Tribune, when arrested, the out
fit Of - Texas Jack - consisted of the follow
ing articles 4 long piece of railroad
candle, - several pieces Of mould candles, a
piece of white cotton rope and two of hemp,
q 4