The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1880-09-30
Saturday Evening, Sept. %, 1880.
CHARGE or JUDGE WETMoRE TO THE
GRAND JURY.

GcnHemen Of Me Juyy-Thc oflcnse charged
IN the Indictment, in this case, is murder.
For the purpose of sustaining the charge on
the part of the Commonwealth warrant is
offered in evidence, issued by Justice Nell, of
Wetmore township, Mexican county, to the
Constable of that township charging a felony
and giving q description OF the otfensc. The
Constable, NJ. O'COnnor on the 9TH of ,Ianu-
ary, 1880, went to the Borough of st. Marys.
Elk County. and he there saw Constable
Warmth. (There is an endorsement on this
warrant signed by Thos j. Burke.D Burke was
an acting Justice of the Peace, in st. Marys
borough at that time. This endorsement
gave OConnor authority to execute :he war
rant in the county OF Elk. OConnor, as we
learn from the evidence, saw Frank Warmth
eSnSta6le SniSia H of Bsnzinger township and also
ough, and with these persons together with
Thos. j. Burke, and perhaps with the driver
went to Caledonia, or near Caledonia, to the
house whore it is alleged the defendant Harry
English was then staying. 1t appears from
the evidence that Warmth stated 10 him at
that time, that he had Il warrant and told
him that he should take him as his prisoner by
virtue of the authority of the warrant that
details of what occurred at that time, there
was substantially an escape from the officer,
and they returned. The authority of the
officer to act after the endorsement upon the
warrant, by Thos. j. Burke, the Justice of
the Peace Of Elk county. was sufficient to
authorize the officer to whom that was de-
livered, together with the persons whom he
might call upon to assist in the performance
of his official duty, to go to the place where
Harry English was, and arrest him. And a
warrant with proper endorsement was au-
thority for the officer after it was endorsed in
due form II was sufficient authority for him to
call to his assistance persons in Elk county
10 aid him in the arrest which he was about
to make And the warrant that was thus
have said, for that purpose. We learn further
from the evidence, that about the 18th of
April, 1880 the constable of Benzinger town
ship had this warrant, and again undertook
TO execute it. On the 18th of April, 1890 tn ere
is this endorsement: Frank Warnith is
herphV AnthOriZpI hn Nuft
warrant in any part of Elk county, Pa
| Witness my hand and seal. Thos. ]. Burke,
Under this authority, as we learn from the
evidence, the constable of Benzinger town
ship, Frank Warmth, together with Philip
Vollmer, and Thos. ]. Burke, with the other
persons who have been named, after they
had met at Spring Run went to the residence
of Harry English, or the place where he was
supposed to reside, for the purpose of again
executing the warrant. 1t is in evidence
before you that the warrant was delivered to
him, and he had IL at Spring Run as some Of
the witnesses have stated, for the purpose of
executing II. question has been raised as
of the endorsement of this warrant on the
18th of April, 1850. The Act of Assembly
warrant that has been issued, by the Justice
of one county to bring IL TO the Justice al
another county; and on proof by oath or
animation OF the hand writing of the Justice
by whom the warrant is issued the Justice In
the county to whom the warrant is deIivered
py enuorsinS ms name upon the back of it,
authorizes the person who thus delivers h
TO him to execute the warrant, and it also
authorlzes the person or persons to whom
lne warrant was originally delivered to ex-
ecute the warrant. We say to you as a
matter OF law that the endorsement, dated
April 10, 1880, by Thos. j. Burke to Warmth
10 execute the warrant was without authority
OF law. There is no provision in the Act o
assembly by which an endorsement of thai
KIND could be made; there is no authority In
the Justice of the Peace in Elk county, tC
make special endorsement, authorizing
constable in the county of Elk, not the
person who originally brought the warrant