Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1883-09-12

town began to talk about what he
knows about the building of the
stone wall and steps, at Cow alley,
down over which Hiram Ard drove
his horse and buggy. His statement
is that he helped to build the wall,
not for the Railroad Company, but
for the borough of Port Royal, and
this new, important witness, imme-
diately led to a motion for new
trial.
The second jury trial was that of
the Commonwealth VS.. William D.
Smiley. Indictment, Assault and
Battery. William Splitter, prosecu
tor. True bill. This was a prose-
cution from the S. o. School of Meal
isterville, against w. d. Smiley for Sc
verely whipping boy named Allen,
with a strap. Smiley was the proper
authority to do the whipping, but
he did it, so it was alleged, in bru-
tai manner. The boy was punished
for leaving the grounds without per
mission, and for riding on wheel
barrow on Sunday, against orders
The evidence was conflicting. Yer
dict, defendant not guilty and to pay
costs of his own witnesses, and the
prosecutor to pay other costs.
The third jury case was that of the
Commonwealth VS.. Lyman Aughey,
indictment, cruelty to animals. True
bill. Prosecutor, John L. Mussel-
man. This suit was caused by Mus
selman's hogs going into Augheys
oats field. Aughey's hired man put
the dogs on the two hogs and ran
them out of the field. Musselman
charged Aughey with abusing the
hogs. Aughey offered $40 for the
hogs that it was alleged had been
abused, but this did not suit the
plaintiff, and he brought suit as above
stated, which resulted in the jury
rendering a verdict of not guilty and
prosecutor Musselman to pay costs.
Lawyers for plaintiff, Irwin, Atkin-
son and Jacobs; for defendant, Ly-
ons.
The fourth jury trial was that OF
Jacob Bergy VS.. The Penna. Railroad
Co., No. 25, December term, 1852
Trespass. Defendants plead not
guilty. This was a suit by Jacob
Bergy, against the Pennsylvania Rail
road Co., for putting him out OF a
passengor-ca some where between
Altoona and Bells Mills, on the 22nd
day of July, 1882. Bergy's testi
mony in substance was, that, about
two weeks previous to July 22, 1882,
he bought 4 tickets from Bells Mills
to Altoona. One ticket ne intended
for himself, the 3 other tickets he in
tended for men that were working as
carpenters for him, he gave one to
David Watts. another, to Christ Lau
yer. and the third to Daniel Winey.
The three men Just named went to
Altoona on the first passenger train.
Bergy did not go by that train. be
went by another way and of course,
did not use the ticket that he bought
for himself. On the date stated a
bove. namely, July %, Bergy and
Winey bought tickets for return to
Bells Mills, Bergy put his ticket in
a pocket in his vest, and it seems,
from what took place afterwards, that
he put it in with the ticket that he
had bought to Altoona 2 weeks be-
fore. When the conductor came
around, he handed him a ticket, not
knowing that it was the wrong ticket !
The officer looked at it, punched if, |
and said '.this ticket is no good, and !
you must pay me a cents. Berry, |
then felt for the other ticket, and !
told the conductor, that it was the |
wrong ticket he had given him, and |
if he would give it back, he would 1
hand over the right ticket. The con-
ductor refused and ordered Bergy |
out. He went out of the car, the /
train having been stopped. When |
he was out, passengers that knew |
him, told the conductor that be, Ber-
gy, was all right The conductor !
then invited him to come in again
He went in, but when he was seated |
the conductor would not surrender |
the wrong ticket and he would not |
give the right one till the conductor |
surrendered the wrong one. The !
again stopped the tram,
and again put him out, and he was |
then without the right ticket, which |
he thought the conductor had grab
bed when he was about being put
out.
In substance conductor Blacks
testimony was that when he came to
Bergy, that he, Bergy, presented a
ticket from Bells Mills to Altoona |
and that he informed Bergy that the |
ticket was not good that way. and
that he returned the ticket to Bergy, |
and demanded pay, Bergy said ne
had a right ticket but did not give 1t
to him. and did not pay. He then
the train and put him off
When he was out, some one said to |
him that he had done wrong, that |
the man had ticket. He then III |
vited Bergy it to the car. but when
he came in and took his seat he was
stubborn and he could not get the
right ticket from him, and he then |
again stopped the car and put hrm |
out. The right ticket was afrerward |
found on the floor Of the ear and
sent to Bergy. Considerable other
was given, but none OF 1t
made the case any clearer than the /
conflicting testimony of Bergy and |
the conductor. Lawyers Atkinson !
and Lyons talked to the jury for
Bergy, and Ex-Judge Junkin and f. /
S. Doty, ST., talked to the july ior
the Railroad Company. Verdict for /
Beroy. in the sum of $40.