Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1883-12-05
Calathumpian Bands.

whlcn was reported IN the Bloomfield
Advocate with the charge of Judge
Barnett, last week, as follows:
This suit in the quarter sessions
against John Rhoads, Samuel Baum
gardner and wife, john Sitterly, Jr.,
Butcher John Rhoads, Anna Bolen
and John Kaffenberger, grew out of
calathumpian serenade given Eli
jah Davis, of Rye township, who had
not then recently been married, but
had left his wife and homo and mov-
ed to shanty on q coaling in the
neighborhood, and there took up his
residence. 1t was alleged that the
wife instigated the serenade and was
indicted with the above defendants,
but as Mr.. Davis and his wife had
come together since the suit was
brought, a nolle prosequi was enter
ed as to Mrs. Davis, but the others
for the racket they made with horns,
bells, musical boxes and their 9th
er proceedings had to stand the
''racket" of fine and costs That all
others may know how the law stands
in relation to the .'fun" of calathum
plan serenades, we give below the
charge of the Court in this prosecu-
tion.
To the jury: The defendants in this
case are charged in an indictment contain
ing three counts, first with the offence of
Riot, IN the second count with beiug guilty
OF riotous assembly, and in the third with
riotous destruction of private dwelling.
Blackstone defines an unlawful assembly
TO be "when three or more do assemble
themselves together to do an unlawful act,
as 10 pull down enclosures, TO destroy a
warren or the game therein-and part with
out doing it, or making any motion towards
it." A Riot Gas defined by hIm) is where
three or more actually do an unlawful act of
violence, either with or without a common
cause or quarrel; as if they beat a man or
hunt and Kill game in another's chase, war
ren or liberty; or do any other unlawful
act with force and violence; or do q lawful
act, as removing nuisance in violent and
tumultuous manner" Violence is defined
by Webster TO be physical force, strength
OF action or notion" Bouvicr's Law Die
tionary says it is ssthe abuse of force."-
That force which is employed against COM
mon rights, against the laws. and against
public liberty" Holt, Z. j., in delivering
the opinion of the court in Q certain case,
said that the books are obscure in the def
milton of riots, and that he took it, that it
is not necessary to say they assembled Tor
that purpose, but there must be an unlaw
ful assembly; and as to what act will make
a riot or trespass, such an act as will make
rf.f Ia.
arms. IN ferrOrem POpuL, though no act is
done SO if three come out of an alehOuse
and go armed" (Tom!In's Law Dictionary
See Riot.) "Wherever there is prede-
termined purpose OF acting with violence
aud tumult, the conduct of the parties may
be deemed riOtous. Thus, although the
audience in a public theatre have q right to
express the feelings excited at the moment
by the performance, snd therefore TO ap- |
plaud or hiss any piece which is represent
ed, or any person who exhibits on the stage, |
yet where number OF persons, having come !
TO 4 theatre with a predetermined purpose |
of interrupting the performance, so as To |
render the actors entirely inaudib.e, though |
without offering any injury to the house, 1t |
was held that they We're guilty of a riOt."- |
Clifford VS.. Brandon, 2 Camp. 25S) sit |
is riot if number OF people assemble in
town, in the dead of night, and by noise or /
otherwise, disturb peaceabie citizens. So
(Penns vs.. Critfs ct al Addison's Reports |
217) Time, place and circumstance are /
not without influence in characterizing hu-
man action. The ringing o. church bells in |
years that are gone was considered, if not |
absolutely necessary, at least altogether /
lawful. But now in densely populated pla-
ces and when clocks and watches are found 4
in every habitAtion, the same thing under /
certain circumstances has been declared a /
nuisance and restrained by injunction. Ger
tain conduct might be considered riOtous
in o church which would not be 50 In 4 bar
room on the Sabbath, which is not such
secular day and under our present. civili-
zltion which would not have been consid-
cred in ages past and gone. The evidence |
on both sides ia this case shows that the /
defendants or some OF them in the latter |
part of July last or beginning of the follow
ing August went to the cabin of the prose-
cutor in this county and with racket, boxes,
bells, bores, and discordant noises engaged |
in what they called serenade. 1t does |
not appear that they did any injury to the |
cabin, then forming the residence of the |
prosecutor, and Therefore We think there |
should be no conviction under the third |
coun' Vi 'le iluae'ihen'' pu, We ,hipA .hc
:. " 'uo
Jury. 10 coIs''tu'e tne onences Ihagcu IN
ment.
III oiuef " opeia'o 'ue ooAeS i,ouuceu
10 e'iuehce' Tue oe'is anu Tue morn 'h'' pro-
uu9ou ''i0 noi1.s nea'u i"''o ""a' 'ro"i
the scene Vi Hcuo,' sucn 'ioiehce was ne
cessafny eihplo.eu As was suiilcient 70 con,
ssi'u'e au eietien' AZ 'iie eii,ic Vi rio. anu
,he ae Is 50 peIlornleu "e 'ninA inus' no"
oe nciu " oe unia"iuI'
II - ui9 uu'l Vi ttie oour'' 81 ~ aulnin
ls'er 'he iass as 10 preserve INC pubic
peace. hnu ~" eNei "". nav
here'oioio peeu iesaiucu III 'no eolhihun-
ny, We 'ni.h IN II rs, - 'no uuiy ., ~. Coui' 10
30 usciare ~ 'ne ID" ~ oc, 'ua' 'uA. which is
no" cs,ouaeu i ~ uissuro tne puohc peace
20 ~ oo"' arc ~. 'ii''ahen
, Vi 'ni' Ai-u uN'o peen fesis'eu
IN se' ,aI eLai instances " .ne parties seienaa-
~ "a - :, -,a;ni, daoa,d. a. '"e use & " nie M"'
.u uu f inuSu upon