The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1882-05-26
NUMBER Is.

Hoffman, 20 P. F. Smith, 81. The fees and
/ expenses cost more than the land was then
| worth; but if the 80 tracts.now stood In theil
| primitive integrity they would be worth more
/ than one million dollars. Imay here remark
1 that Rev. Demetrius Augustine Smith was
| involved in more than one of these land TRIALS
before he had resumed his family name OF
Gallitzin.
Speaking Of lands, find this entry in the
minutes of the Court; Esd December. 1913
John Murray, High Sheriff, comes into open
| Court and acknowledges his deed to Peter
LevergOOd for two certain tracts Of land sit
uate in COnemaugh township, one of said
| tracts, surve yed for Charles Campbell. con-
tanning 249 acres, which on said tract are one
forge, one gristmill, and one sawmill; the
other tract, surveyed for Henry Wise, con-
tanning 2S3 acres, adjoining above, sold to
him for the sum Of six dollars" These tracts
embrace great part Of the borough OF Johns
town. This seems TO be low figure. but
bear in mind it was a cash sale, and property
there has advanced in value since that time
seriously speaking, on no part of this $50
acres could one square yard be bought at this
day for that sum. 1t is within the bounds of
young city, whose increase in population
and material wealth seems fabulous.
Leaving the Common Pleas, 1 cannot re-
frain from noticing two of the criminal cases
which our annals afford, On the Sd OF july.
1841, q well remember it, for there was a
midsummer frost 1 was called upon, as a
Justice of the Peace, upon the Information
or John WherTy, to issue a warrant against
two good citizens of our county for the muir
der of Betsy Holder, an old ladv whose cot
tage stood close by the turnpike, one mile
east Of Ebensburg. The murder was COM
mitted, but those then charged with it were
wholly innocent. A reward was offered.
pursuit made, and Patrick and Bernard Elan
agan we've arrested a few days afterwaTd
They were strangers to the cOunty-theiro
ject, plunder. At October Term. 1912, they
were tried and convicted, and a motion for
new trial Overruled by Judge White, and
sentence pronounced No death warrant
was signed, but the following winter an act
was passed authorizing Judge White to hear
motion for new trial, and, in case of his
refusal, to notify the nearest President Judge
to hear the motion. Judge White promptly
refused the motion, and notified Judge
Woodward. He refused Also and pro-
nOunced the act unconstitutional. The year
1s43 then passed, and in 1874 an act was
passed for the hearing of the motion for
new trial before a Judge of the Supreme
Court. Accordingly Judge Motion c. Ro-
gers on the 4th of July, 1914, heard the ar
guments and refused the motion. The
night before the election in 1874 the death
warrant was received by the Sheriff. On the
same evening the Flanagans escaped from
prison. They owed their escape from prison
to the heroic devotion of sister. They were
never retaken. =
In the argument Of Commonwealth vs..
Houser and Buser. Judge Woodward, then
On the Supreme Bench called attention to
the similarity of their case to that of the
Flanagans. In both cases the victims were
females in both cases the murderers were
strangers to the county; in both cases the
object was plunder; in both cases the attack
was made in the dwelling house in both
cases innocent parties were first arrested in
both cases the conviction was mainly upon
ciTcumstantial evidence in both cases there
was mistake in the identity of the offend
ers, and in neither case did any witness see
the killing The only difference was that
the killing of Polly Paul and Cassie Munday
was double murder, and the perpetrators
underwent the extreme sentence of the law.
Connected with this case is something per
haps without parallel in judicial proceed
ings. Riddle aud Ream were first arrested,
imprisoned, tried for murder, and acquitted
But only one of the victims was embraced in
the indictment. They were remanded to Jail
- e A-s-, IN.
broke Jail and escaped and had not been re-
taken when Houser and Buser we've tried.
And the same witnesses, truthful witnesses
too, who identified Riddle and Ream as
prowling in the neighbOrhood before the
murder, transferred the identity to Houser
and Buser when they came to be tried.
The Michael Moore homicide was equally
atrociOus, but so recent as to be in the recol-
lection of my audience. L shall therefore not
dwell on its horrible details
Several panics have passed over Cambria
county, in common with her sisters-uotably
that of 1912. The distress and sacrifice of
property induced the Legislature to enact a
"stay law" which provided that if property
levied on did not bring two-thirds its ap-
praised value, the writ should be STAYED one
year. Then 1 first heard of borrowing a
levy" and supposed it a very small loan. I
afterwards, however, learned the true mean
ing of the term. Executions were issued
against nearly all in the north of the county
They took advantage OF the ''stay law" and
it was done thus An immense pile of lum-
Der vas stuck up at Dan Swyers' saw mill
Dan loaned this to his neighbors for a levy,
and whenever the Sheriff OF any constable
appeared with an execution, the defendant
whoever he was, showed this pile of Lumber
An appraisement was had by three citizens,
ard as the property of course would not bring
the necessary twO-thirds, the writ would go
over for year. Thus lumber, not then worth
fifty dollars, stayed claims amounting to
thousands.
This was in the autumn and winter of AZ
and '43 In the spring the rains fell, the
waters rose, the lumber was RATED to market.
and before the year expired the debts were
liquidated. Then, as now, that portion Of
Cambria was like the roof of hOuse-sup-
ported by the rgfters
An anecdote IS told Of my old friend, John
Westover, about the same time constable Of
Susquehanna township. Henry Learner, an
old teamster, through the vicissitudes of bus
iness was reduced to a four horse team of the
sorriest old animals that'ever performed duty
IN harness An execution against Henry
was put in Westover's hands, which in due
time he returned, No movable property.
The plaintiffs lawyer took John TO task and