Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1882-03-22
COURT NEWS.

dan Eyth. Merchant-Geo. X Jacot
Reiber The County Detective is di
rected to make information in this case
according to presentment of Grand
Jury for selling to persons of alleged
known Incorporate habits, and if COD
victed, or if it appears to the Court
that petitioners sell or permit liquor to
be drank on their premises their license
| will be revoked.
Millerstown.-Tavern Henry Lock.
hart johnson Il Campbell. Both on
conditions as stated last week, of being
revoked on conviction of charge pre-
sented by Grand Jury.
Zielienople le-Tavern, James Oester
ling.
Concord twp.-Tavern John A.
Harding.
CRIMINAL CASES DISPOSED OF LAST WEEK.
Commonwealth VS.. Mary E. Smith.
indicted for concealing the death of a
male bastard child, March Is, 1882.
Jury returned a verdict of not guilty
in manner and form as defendant
stands indicted and the county to pay
the costs.
BRIEF REPORT OF THE CASE.
This was in many respects one OF
the most remarkable cases ever tried in
the Courts of Butler county. The de-
fendant is daughter of Squire John
Smith, of Cherry twp She is a young
lady of the age of 2l years, of very
slender form and delicate constitution.
Her personal appearance sad demeanor
all through the trial were such as to
dispel the idea of guilt. 1t seems that
her father had considerable litigation
with his neighbors and relatives and
had incurred the displeasure of some
of them. The crime was alleged to
have been committed on the l4th of
April, 1880. Shortly after that time
number of suits were brought against
persons living in Cherry twp, on ac-
count of the neighborhood talk These
cases were finally settled on payment
of costs and a small sum of money
The matter then rested until Decem-
ber 1881 when it was brought to the
attention of the Grand Jury and pre-
sentiment made to Court charging the
ofIense. Upon this presentment the
Court directed the County Detective
to make an information The defend
ant was arrested about the latter part
of December, 1881 and gave bail for
hearing before Squire Walker of But
Ter on the 9th of January, 1882. In
the meantime, and after the arrest, she
was married to Mr.. o. S. Bolinger, to
whom she had been engaged for some
time prior to the happening of the cir
cumstances upon which the charge was
based The hearing took place before
Squire Walker and the defendant was
held in $500 bail for her appearance at
Court. The Grand Jury at the March
term found true bill against the de-
fendant. On Saturday March II, 1882
in the absence of the defendant and her
father, her counsel made a motion to
auash the array of Grand Jurors, for
reason that the Sheriff and Jury Com
missioners had not been sworn before
drawing the Jury. While this was TAX
ing in Butler the defendant, her hus-
band and father were IN New Castle
consulting DR.. John W. Wallace. The
Court was about to hold that the OBJ
jections to the Grand Jury were well
taken, but held the matter under advise
ment until Monday The defendant
and her father came into Court on
Monday morning and earnestly pro-
tested against their counsel taking adj
vantage of a legal technicality. The
defendant signed paper waving all
informalities and demanded speedy
trial, saying, she did not want to live
any longer if she could not be vindica-
ted. The Court permitted all objec-
tions to be withdrawn and on Wednes-
day the 18th, she was arraigned, plead
not guilty, and Jury selected.
The Commonwealth proved by Dr>
Patterson, of Centreville, and DIR.
Hockenberry, of Sunbury, that Miss
Smith had applied to them for relief
for suppression of the menses. They
both testified that from personal ap-
pearance and other signs they suspect
ed pregnancy. The Commonwealth
also proved by some ten other witnesses,
and among them three aunts and her
grandmother, who were frequently at
the house OF Squire Smith in March
and April, that from her peculiar shape,
enlargement of the abdomen and
blotches on her face, they suspected
pregnancy.
Mrs. Jennie Maxwell, nee Jennie
Young, daughter of r. II. Young, ex-
County Superintendent, testified that
she went to the house of Squire Smith
to do house work on the 5th of April,
1880. That she was there on the IA
of April, she had finished work at
night and went in search of Miss Smith
to 90 to bed, she found her in the par
lor humming tune; she did not say
anything to her but went to bed and
the next morning Miss Smith was in
bed with her, and told her that DR.
Hockenberry's medicine had began to
take effect, and she was not able to
get up; that she got up and came
down stairs and was Mortified to find
blood in tho hall leading from the par
lor door out to the porch and in the di
rection of the coal house, and down
into the cellar where a large quantity
of bloody clothing was found. The
witness testified to finding moro bloody
clothing In box in the room ant
something else of suspicious charac
ter.
Miss Laura Shull, testified, she wen
to live at Squire Smiths on the 29th 0
April, 1880, when Miss Young left
that on the first day of May the chill
dren told her there was something un
der the coal house that had toes. She
went out there and found little baby
u g.. IL lLA,r.Ia L.. iha u rl