Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-04-22
APRIL COURT.
THE REaULAR ouAkTKk SESSIONS
Surety OF Peace and Desertion Cases-Gran,
Jufy'a Report &c.

saresy Of Peace and Dssertion Csses-Grand
Jury's Report &c.
Friday Afternoon.-Com't vs.. John
Backett, of this city, assault and battery.
The prosecutor was Christian Nixdorf,
who alleged that on the night Of the 7th
of March while he was walking around
Centre square, in front of the postofice
the defendant struck him on the breast
with his fist. The defense was that these
two men had met at the postofice to
settle former quarrel Nixdorf got
angry and struck first. The jury
rendered verdict of not guilty, with the
costs to be divided equally between the
prosecutor and defendant.
Tho Triple Case
The case of Charles D. Triple and Geo.
A. Triple, charged with embezzlement,
was to have been taken up this afternoon.
Geo. Nauman, ESQ.,, one OF tho special
counsel for the prosecution, stated that
during the last three months of Charles
D. Triples term as clerk at the prison
in 1879, his brother George acted for. him.
During that time there was a deficiency
in the clerks account-hence this suit.
Charles Triple now proposed to pay the
amount alleged to be due the county, 1926,
together with the cost of prosecution.
After consulting with his colleague, w.
F. Boyer, esq.,, they thought there was
some doubt as to whether conviction could
be had. They had como to the conclu-
aioD, with the permission of the court, to
enter mol. pros. Mr.. Boyer stated that
some one had torn out the leaves of the
cash book from pages 9 to 5, and from 1G
to 81. These books are kept in the clerks S
Office at the prison and the leaves were
torn out some time in the latter part of
December, 1881. These leaves contained
number of items in dispute and it made
it difficult for them to make out their case.
Samuel II. Reynolds, esq, counsel for
the defendants, stated that he desired to
say in justice to the defendant, that since
this suit has been brought and from the
first they have always protested that they
the books had not boen damaged :hey
When the counsel (Mr. Reynolds and j.
tent of tho mutilation of the books they
pute being so small. As far as the Trip
Piles were concerned neither of them have
been at tho prison since April, 1880. nor
The court stated that if the common
wealth felt satisfied that tho amount
which the defense offered to pay was all
that was claimed, and if it was doubtful
whether conviction could be had, they
could not SEQ why a mol pros. should not
DO entered. The mol pros. was then en-
tered on the conditions as above.
Com'th VS.. Benjamin Morton, assault
and battery. The prosecutor was John II.
Miles, who alleged that upon one day in
January last, as he was walking past the
home of defendant the latter ran out on
the pike and struck him. The defense was
that the men had words and the prOsecu
tor becoming angry struck Morton first.
The jury rendered verdict of not guilty :;
prosecutor to pay one-fOurth and defend
ant three. fourths of the costs.
Saturday M0rning.-1n the case Of
com tn VS.. Lewis Sanders, charged with
malicious mischief, the jury remained ont
from yesterday at noon until Q o'clock this
morning when they rendered a verdict of
not guilty, with the defendant to pay two
thirds and the prosecutor, John A.Shober,
one.third of the costs.
surety of tho Peace and Desertion.
The above was the last jury trial and
the jurors were all discharged. The surety
of peace and desertion cases were then
taken up, and disposed of as follows:
Com'th VS.. H. 3. Stauffcr, desertion.
Mrs. Mary G. Stauffer, of Mannheim, testi-
fled that her husband has done nothing for
her support since November, 1879: The
defense was that about two years and
a half ago Stauffer assigned his property,
valued at $1,000, to his wife she then
told him to leave and he did. Tho de-
fendant also claimed that his wife treated
him badly, but prosccutrix said that she
only demonstrated with him in regard to
his drinking. The court directed defend
ant to pay 81 per week to his wife and
costs of prosecution.
CONT VS.. Zachariah Alexander, surety
of the peace. Daniel Brown, of Eden
township, was the prosecutor, and it was
shown that defendant had frequently
made threats against him and his family.
The defendant is insane, and that wasad-
mitted by all parties. He is in tho asy-
lum, and the court directed him to be
kept there as long rs he shall remain in
that condition.
Com 'th VS.. John Kissinger, of this city,
desertin. Mrs. Kissihger testified that
her husband has not supported her for
some weeks. Both parties were willing to
live together. The case was continued to
May term and the defendant was ordered
to give bail in the sum of $500 for his ap-
pearance here at that time.
Com'th VS.. John Speidle, of this city,
surety of the peace. The defendant was
charged. with having threatened to kill
John Kresbach and his wife. The defend
ant denied having made any threats. He
was ordered to give bail in the sum of
S200 tn ha Of COOd hohovinr ood +o rov
costs.
Com'th vs.. Jefferson Cole, of Carnarvon
township, was charged with surety of the
peace by John Sparr. who swore that he
threatened to kill him. This the defend
ant denied. The defendant was ordered
to give bail in $500 to keep the peace and
pay costs.
Com'th VS.. Henry Struck, of Columbia,
desertion. The wife alleged that her hus-
band had not supported her for some time.
Henry swore that he has been trying to
get house for some time past but was
unsuccessful. The court ordered him to
pay So per week to his wife and pay costs.
The case of surety of the peace against
Joseph Hinder was dismissed, as the de-
fendant was sent to Jail for six months for
assault and battery on his wife
The case Ell desertion against Samuel C.
kendig, was dismissed with county for
costs, as the parties are living together.
Tho district attorney stated that all of
the cases which he had ready were fin
lshed. lie has tried all of the Jail cases
except one, and the only person there
awaiting trial is Samuel II. Miller, charged
with murder.
The grand jury returned the following