The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1880-03-05

DoINGs IN COURT THIS WEEK.-Tht
| March term of our county court opened at L
| O'Clock on Monday forenoon of the presen
! week, and continued in session until
O'Clock, P. NJ, on Wednesday, Judge Dear
/ presiding and Associates Thomas and Elan
agan on the bench. The first business in
/ order was the calling of the names of the
/ Grand Jurors, all of whom answered to theil
I names, two Of the number, Messrs. Jas. A
/ Gray and A. j. Haws, being subsequently
/ however, SeXcused from serving. Then fol
/ lowed the list of Traverse Jurors, five of
whom, to wit: MesSrs. John Freidhoff, Lew
! Wingard, Samuel Kuhn, David Greed and
/ James little, were allowed to depart hence
| the same day, the reason assigned by each OF
I them for seeking the privilege being esteem
/ ed good and sufficient by the Court.
After this the various constables of the
/ county made their returns and the several
/ cOnseTvators of the peace chosen at the last
/ election presented their bonds and were
| sworn in, each to serve a term of one yeaI
| from the first of April next.
These and other preliminaries, such as the
reading of the list of attorneys in order 70
afford an opportunity for the presenting of
motions, petitions, etc. Court adjourned
until o'clock p. N.
MONDAY AFTERNOON.
Upon reassembling at the hour indicated,
/ District Attorney Rose moved for noIle prose
qttts in such of the following cases as are not
marked continued:
Com'th vs.. William Carney. mayhem; settled
J
Com tn VS.. David Watson, surety OF the peace
and assault and battery settled on pay ment o.
Comith vs.. Henry Peden, Daniel Grubb, and
John Bird surety Of the pesce; settled on pay
ment OF costs by defendants.
Com tn Andrew Leonard settled upon pay
ment OF costs by defendant.
Com'th vs.. Samuel White John Baldwin, and
David Layton, afray; settled on payment OF cost:
! by defendants
/ Com'th VS. Edward Sharretts. fornication and
bastardy; settled by the defendant giving tho US
| Com'th vs.. Mary Durbin, fornicaton; settled
/ Com'th vs.. David Burket and Harriet Burket
su6ornatton OF perjury continued.
Com til vs. Stephen Goughnour, desertion; con
/ tinued.
/ Com'th vs.. G. W. Stab, adultery and bastardy
/ Com'th vs.. Charles Rice, tornication and bas
tardy; continued.
! Com'th VS. Caron Leahy-assault and battery
/ Lewis Delahunt, prosecutor. Continued.
/ This done, the criminal calendar was taker
/ up and the following cases disposed Of:
/ Com'th vs.. Patrick Henahan. selling liquor
/ without license. Defendant entered plea o
guilty and was sentenced to pay a fine Of 5000 anC
costs In default Of payment defendant was take1
Com'th vs.. Thomas Kennedy. The defsnden
was charged with the larceny OF a carpet-bag con
tanning clothing from man named Marcus
/ Ha ines, passenger the p r. Il. This cas-,
/ was tried at the last term of Court but the iur,
| present trial was the same a at the former one
Marcus Haines was seen to alight from the Wa
/ fasSehgcr traln At Johnstown on the 10th OF Sep
/ tember last in an intoxicated condition and hav
! ing with him an old carpet-bag. The defendant
] an elhploye At the steel works, Mt this lunctur
I appeared upon the scene. and while engaged IL
talking to and drinking with Haines from bottle
which the latter had with him, the train let. A
dispatch came soon afterwards to tho depot maste
4 rom the conductor OF the train requesting tina
I HaineS, whose ticket was held by t1c conductor
I and who was bound for Chicago, should be for
| warded by the next train. 4 search being mad,
ior dalnes, he was found too drunk to proceed OF
his way, and was put in the lookup until he be
came SOBER when IL was discovered that his carpet
/ bag was missing. H was sent west. however aut
has not been heard from since. The defendant
/ having been seen about the saloons with the car
pctoaE IN ms possession, was suspected OF havin.
stolen il, and search being made at his house tn
. missing property was found in barrel in an out
was drunk-that he took tie carpet bag to taveri
at which Haines had formerly stopped, where he
asked for liquor. which was refused him &C
count of his condition-That Haines Ioitered abou
and finally started out without the carpet bag, bu
&c along with him. There was other testimony il
The case showing that Haiues knew the next da,
that hc had taken the Carpet-bag, and also In con
nedy guilty As indicted. Sentence deferred.
Com'th IS. Patrick FIynn-assault and battery
oath of his wife. who also declared that he was
in her opinion. of uuSOund mind. Other witnessc
testified tocxcentricties Of conduct upon HIS part
committed the ofense charged. but that at the tim
I he was insane. he was therefore acquitted Upo1
Com'th vs. Michael a NcGonigIe. assault an,
! battery; Mrs. Ann Wynn. prosecutriN Defend
ant entered plea Of guilty, and was remande
to jail for sentence
MONDAY EVENING.
y special session of Court was held Mon
day evening to dispose of the several appli
cations for tavern, eating house and quar-
licenses, This work had scarcely been com
menced before Chal. J.. Dick, Esq, arOS
and presented remOnstrances against no les
than fifteen applicants for license frOr
JOhnstOWn and vicinity. These TemoT
strances, Ike the several applications, wer
read aloud by Judge Dean, but the Cour
reserved its decision. All the other applica
tions except that Of Joseph Weiser, who's
petition was refused because he does not OC
cupy the premises for which license wa
asked, were thereupon granted.
TUESDAY FORENOON.
Com III vs.. Alhert Ream. The Indictment in tn
case charged the defendant with assault and ba
terry with intent to commit rape upon Miss Sara
Jane Prycc, in Nodcr township, onithe evening
Nov. 3oth, 1879. Miss Pryce testified that at Il
time stated she living at Cyrus Gulidlesber
ant, who lived about mile away, came 20 reque
her to 20 with him to wait upon his wife, who ";
ill-that she at first refused. but afterwards Co
sented, and while on the way Ream made indccel
proposals TO her, which she Indignantly relecte,
! whereupOn he seized her and choked her, declariT
MS intention To commit an outrage upon her pc
son; she, however, still resisted and finally su
ceeded in making her escape; The details Of I.
to be published. The defence rested upon the a
missions Of the prosecutriX to the nature Of Il
! conversation Whlch occurred hetWeen the partl
previous to the assault, as well upon the tes
5 mony Of the defendant himself. who admitted tn
ne made the prosalS testlhed to by MISS l'ryce- D
/ that he desisted when he found that the giTl "
. not what he supposed her to be. Although q
Court instructed the jury that II they found &
defendant not guilty Of attempt to commit ra
/ they could fud him guilty upon the second cou
. in the Indictment, which charged him with simp
q I assault and battery. The defendant was acquitt
: Z of both charges, hCveyer, though he was requir
, to pay the costs
. Com tn vs.. Yost Hochstein. indicted for comm
, ting nuisance. The testimony in this case sho
e COnemaugh and Somerset Turnpike Co. plac
/ some finely broken stones upon a bad piece Of rO
o on Morris street JOhnstOwn, contrary to a ceTta
Nfrf FFH ffstf Tfrf4 -
: upon any Of the streets alleys Of said bOrou.
without PERM SION from the authorities. In
Q Tense u was claimed that the portion OF the sire
; repaired by Uochstcin 4 part Of the turnpil
- which was in existence before that locality d
been embraced within the borough limits, and th
therefore the franchises Of the company owni
the turnpike had never been aiicuat ed from
= company. Tho object Of this prosecution was
=, test the respective claims of the borough and OF
y turnpike company to said street The Court ht
Il that the Court Of Quarter Sessions not {
5 : proper place to try the title 10 the street, and
T this case. where, instead OF showing that the
{ fendant had committed q nuisance it was sho'
= that he endeavored to remove n nuisance-name
! the ruts In the street. by hling them with stone
.C there really nothing for the Court TO pass uT
d except instruct the Jury that the body OF the
Y tense had not been made ont. and that the defer
ant should be acquitted. which was done.
o THE CONEMAUGH BOROUGH MURDER CAS-
/ The trial of the colored man Andrew NJ
IS latt for the murder Of Joseph Gibbs, a.
d coIored, in Conemaugh borough, on the Il
< of January last, was begun on Tuesday
l. teTnoOn. Thirty-nine jurors and one tai
man were called before Il satisfactory jU
was empaneled The commonwealth w
= represented by District Attorney Rose a
t Chalmer l. Dick. Esq, the defenSe.by Ca
$ Kuhn and Col. Linton. Mr.. Dick open
s. the case for the Commonwealth, after viii
n the following named witnesses were call
e to establish the crime
IS JoEv Best being sworn. testified that JOSE