Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-04-23
COURT PROCEEDINGS.

The Hhse week OF Quarter sessions.
Friday gternoos-Com' tn vs. the city of
Lancaster. The city was indicted for
maintaining s,nuisance in allowing fish
market to be kept on Vine street, at the
corner of South Queen. A number Of wit
nesses testified that there was an offensive
smell at the market during the fish season
Drs. Herr, Bolenius aud Carpenter testi-
fed that the market was the cause of
sickness in the neighborhoOd. Some Of
the witnesses testified that the citizens ex-
perienced great Inconvenience by reason
of the pavements at the market being
blocked up with stands, barrels, ETC.,
while a number of wagons stand along
curbs. Fish are often cleaned there, and
the blood runs from them and sucks into
the ground producing very offensive
smell. Some witnesses thought that on
account Of the fish market property in
that neighborhood has deprecated in
value The ordinance creating the fish
market was offered in evidence.
The defense was that the city had .
right to establish a market for the sale of
the Decessaries of life. In 1927 this place
was selected by councils and the market
had to be some place. A number of wit
nesses testified that the market is kept as
clean as possible. 1t is washed every even-
ing. A number of witnesses who reside
in the ncighborhood testified that the mar
ket is no annoyance to them.
Friday Euening.-The grand jury re-
turned the following bills !:
True BiHs.--Cornelius Lanagen,
William Diveler, Elias Diveler, Henry
Hershey, William Kopler, assault
and battery Israel Marshall and Hen
dersOn Marshall, malicious mischief :;
Mary Manhart, felonious assault and bat
terry VIM. Mowery ct al, disturbing re-
lisious meeting.
Ignorsd.-Henry Leonard, obstructing
legal process, with county for costs John
Peterson, felOnious assault and battery,
with prosecutor for costs Owen COneys,
assault and battery, with prosecutor,
Michael Welsh, for costs Michael Welsh,
assault and battery, with Owen Coneys
for costs George Lawrence, assault and
battery, county for costs.
COm'th VS.. VIM. Lowely, ct. al, con-
sp;racy to break Jail, and breaking Jail.
The defendant and four companions were
confined in Bummers' Hall Of the prison
upon night recently. 1t was discovered
that the iron bars had been removed from
one Of the windows, which was broken.
These men, with sixth, who made his
escape over the wall, were found on the
outside of the building. The de-
fense cOntended that according to
law it must be shown that the men were
in prison upon some indictable charge
when they attempted to break out. This
was no: shown by the commonwealth, and
the court instructed the jury to render
vcrdicts of not guilty 1.-THE men had been
sent to prison for being drunk and disor-
derly.]
The case of Lancaster city, charged
with nuisance, was not taken up, as one Of
the jurors did not put in an appearance,
thinking that court did not meet until this
morning.
Saturday Morning.-The trial of com'th
VS.. the city Of Lancaster for maintaining a
nuisance was resumed. The defense
called number of witnesses to show that
the fish market was not a nuisance and
that it was kept as clean as possible. Yer
dict guilty.
Lewis Wilson, colOred, pleaded guilty to
stealing sum of money from the money
drawer in tho Office of the mill of E. B.
Trout in Paradise township Wilson is 81
years of age to-day and is but little larger
than Admiral Dot The defendant said
that he could not starve and took the
money. This being his first offence the
court senteEced to pay fine Of 81 and
costs of prosecution and undergo an i'm
prisonment of 3 months.
John Peterson, alias Longford, pleaded
guilty to carrying concealed deadly
weapons and was sentenced to undergo an
Imprisonment of months and pay fine
of 81.
Walter Marsbbank and Albert Reiden-
bach, convicted of malicious mischief in
breaking windows and doors of tho bark
mill, were severely reprimanded by the
court and sentenced to pay a fine of 81 and
costs Of prosecution.
All the jurors not empaneled in the
nulsance case were discharged. District
Attorney Davis said he had disposed OF
during the week 129, all on the list but 20.
OF these were fOrnication and bastardy
cases in which the children are not yet
born; 5 are cases returned within the
week and went over under the Today rule;
and the three cases against the Triples
and the Finney manslaughter case. If it
were not for the trial of these important
cases it would not be necessary to have an
adjourned session.
urAnu Jury Report
True BHls-Willialn Fulton, malicious
mischief.
lgnpred bMs-Abraham E. Croft. larceny
John Weller, arson; Peter Ashstal, su-
pervisor of Salisbury township, neglect of
duty; Lewis Kirk, assault and battery
and cafrying concealed deadly weapons
with prosecutor, Elmer Holsinger for
costs.
Surety OF Peace and Desertion Cases.
Augustus Kilcoyne was charged with
having threatened to kill Martin d. Hess
on The night of March Z, at Rohrerstown.
The defendant testified that he was not
present at the time the threats wcro alleged
to have been made. The court dismissed
the case on the payment Of csts by. de-
fendant.
John Schcrff was charged with having
threatened to kill Mary Bookmyer. Prose-
cutrix testified that defendant On several
occasions had threatened to kill her, once
with knife and the last time on March
81 when she was disposessed. The court
the case, and divided the costs
equally between the parties. For pointing
a pistol at her of which Offense Scherff
was convicted on Thursday, the court i'm
posed fine Of $40 and costs.
Emma Peiffer, city, complained against
her husband for desertion. She testified
that she was married two years and her
husband had contributed but little to her
support. He deserted her in June. The
defendant testified that he was willing to
support his wife, but in January she had
him arrested, since which time he has |
been in prison. The court continued the
case until August, the husband agreeing
4. l.