The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1880-06-18


Burke indictment murder, on trial. Able
arguments were made Dy Chal. Dick. Esq,
and District Attorney Rose for the prOsecu-
ton, and by Messrs. Johnston and Linton for
the defense. The jury retired about supper
time Thursday evening, and couple of
hours thereafter returned with a verdict
which recited that the defendant was mot
guilty." 1t is understood that the result OF
the first ballot as taken in the private room
of the Jury, was for conviction for murder
in the first degree for conviction for muir
der In the second degree, ar d for acquittal.
Some manifestations of applause were In
dulced in by a portion of the large audience
upon the rendition of the verdict, but these
ebuIlitiOns of feeling were promptly nipped
in the bud by the decided manner in which
Judge Dean gave it to be understood that
rowdyism should not be tolerated in Court
over which he presided Burke went to Al
lcgleny township the next day, to visit some
of his relatives, and the following Sunday
took the train to JohnStOwn, where his
mother resides. He made an exceedingly
narrow escape from the penitentiary, or pos
siblV something even worse, and should be
ever again come before Cambria county
Jury on a criminal charge, it is likely that he
will fair badly, as it is beyond dispute that
the verdict in his case does not meet with the
approval of everybody.
Court adjourned Immediately after the
verdict had been handed In, this order hay-
ing meantime been declared That Charles
Calbert adiudped insane, should be sent to
DixmOnt hospital to remain .here till he
should be cured or till such time as further
action in his behalf should be found necessa-
ry.
SECOND WEEK.
The Second week Of Court, which is devo-
ted to Common Pleas business, met on Mon
day morning last at eleven O'Clock, a full
bench being present. The list of attorneys
was first called, for motions, etc, after which
every traverse Juror on the list answered to
his name For reasons assigned. half
dozen of these were subsequently excused
from service.
The trial list was read, and several cases
marked continued or ''settied."
MoNDAY-AFTERSooN SESSION.
The first case taken up was one which bore
this captiOn-"The Peoples Fire Insurance
Company vs. John Quirk.'' 1t was in the
nature of feigned issue, and occupied all
afternoon in the trying. This Company Is
bankrupt concern, whose headquarters are
in the,CumberIand Valley. and it was sought,
through assignees, to recover certain assess
ments claimed to be due it. The testimony,
chiefly documentary, was in at 6 O'Clock, and
the pleas of counsel listened to, when Court
adjourned
TUEsDAY-MORNING SESSION.
Court met at o'clock. His Honor Judge
Dean charged the jury on the preceding case,
LAYING down the law as it applied to corpora
tionS, and specially to fire Insurance cOmpa-
nies, and at 9.40 the jury went to their pri-
yate room.
The next case was identical with the for
mer, save and except that p NJ. JS j. Brown,
of Summerhill, figured as defendants The
Jury went out at IL 40 O'Clock, when the case
of BrindIinger VS.. Pringle, feigned issue, was
reached.
AFTERNOON SESSION.
The jury in the case OF The Peoples Fire
Insurance Company VS.. John QuiTk returned
a verdict in favor of plaintiff, in the sum of
SD.
In the case of the same Company, vs. p.
VI. ard J. Brown, the verdict of the jury was
for the defendants.
BrendIinger VS.. Pringle-feigned issue.
After listening to testimony, jury went out
at 1 80 O'Clock.
The Peoples Fire Insurance Company VS..
Adams. In this case a note was given by the
Company, in the war times, and owing TO the
absence therefrom of a correct revenue
stamp, plaintiff becomes nOnsuit.
Court adjourned at O'Clock.
wEDNEsDAY-MoRNING SESSION.
The jury in the case of the Peoples Fire
Insurance Company vs. James Adams made
return The plaintiff not having by conpe-
tent testimony made out a case the Court di-
rected the jury to find for defendant.
The other cases of the Peoples Fire In
surance Company against citizens of the
county were continued.
In the case of BrendlingeT, vs.. Pringle, a
verdict of 1926. 26 was rendered.
Bradley vs.. Risban was the next case in or
der. 1t was an action of debt, and consumed
all the time of the Court up to the hour of II
o'clock, when an adjournment was had.
GEN. GRANTS MARROW ESCAPE IN 1S45,
We all know that Gen. Grant was crushed
in spirit as well as in his Presidential aspira-
tionS at the recent Republican National con-
vention at Chicago, but it will undoubtedly
be news to all our readers to learn that in ear
~ life he came so near being crushed in body
as well, that it seems almost miracle he
was spared to become not only great Cen
eral but also President of the United States
for even one term, much less a second, to say
nothing of his aspirations for the third one.
We get the story from our esteemed friend,
Henry Hughes, of Summitviiie, this county,
who was one of the principal actors in what
came within an ace of proving a shocking
tragedy, and as it in this way becomes to
some extent matter of local interest we
need offer no excuse for assigning it to this
department.
In 1845, Mr.. Hughes, who was then work
ing in the lead mines at Galena, Ill, was
employed to go to the extreme northern part
of Michigan, to assist in opening up a copper
mine on land owned by a company in Phila-
dephia, of which DR.. Petit, of that city, was
the managing agent OF superintendent. The
land of the company on one side adioined
Fort Wilkinson, a military post of the Gov
ernment, and where at the time stated quite
a number of United States troops were gar
risoned. Grant was then Lieutenant in
the army, having only recently graduated at
West Point. 4 company of the regiment to
which he belonged was stationed at the Fort
and was commanded by Capt. Albertis. DR..
Petit, the agent, decided to sink shaft on
the land of the company at q point about
thirty yards from the fence, which on that
side enclosed the Government property, and
Mr. Hughes was detailed with some of the
other employees to commence the work 1t
became necessary to blast the rock which was
encountered short distance below the sur
face Mr.. II. drilled the hole, placed in it a
very heavy charge of blasting powder, and
sary to a successful explosion. While he was
engaged at this work, young Grant walked
down from the Fort and stepped into an out
house, distant probably twenty yards from
where the blast was to take place. Neither
Mr., ii. nor any of the other workmen saw
him, and only a moment or two before the
explosion occurred. Grant stepped out and
was walking in the direction of the Fort. So
powerful was the force of the blast that
large section of the rock, weighing between
three and four hundred pounds, was hurled
high in the air at an angle from the drift, and
falling SquaTely on the roof of the small out
house from which Grant had just emerged,
crushed it completely to the earth. Mr.. H.,
the other workmen, and Grant himself who
returned to the spot, all came to the cOnclu-
sion from the utter and complete flattening
of the structure by the descent of the rock
that Grants escape from certain death, had
he not left it Just in time, was simply out of
the question. In the following Spring Grant
left the Fort with his company to go to Mex
leo, with which country war had just been
declared.
The Altoona Cal credits an Indiana
county man who was in that city on Satur-