Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1884-05-31
IN COURT.
JupuE rArrrRsON ON rsr roLrs.
windIag W tue Quarter sessions-An
opinion pY the court Friday Aucr-
noon Proceedings

guilty woro taken. Ebcrsolc was convicted
| on Thursday Of burglary and thoro were
! charges of burglary and arson pending
! against him in Lebanon county, for which
hc will bc tried before no is sentenced on
the burglary conviction by our court.
Daniel IIornborgcr, al alleged member
| of the Ephrata mountain gang, was placed
| on trial on the charge of burglary. Doteo-
| tive Bartholomew, tho principal witness
| for the commonwealth, testified that on
| tho night of January lS, tho dwelling
houses of Joseph Gehman and DAVID
| Zimmerman were burgaruuSly entered aud
of Iimmermau's house thero wore brace
and bit stolen. Tho defendant admitted
being with Bartholomew ON that night,
| but claimed that Bartholomew suggested
burglaries. The jury rendered u verdict
| Of guilty.
Daniel Singer, now o resident Of Ches'
tor county, was indicted for false prctense.
| Randolph Frey, the prosecutor, testified
that at sale in March, 1888, in Manor
| township, the accused purchased horse
and COW for S20j, giving in payment a
note representing that he owned property
| Tho note went to protest, and II was then
learned that Singer never owned any pro
crty. The defendant denied having made
any false representations. Ho said he
bought the stock and all that was asked of
him was note, nothing being asked him
about his owning property. number OF
witnesses testified that defendants rcPu
tation for honesty was good. Jury out
when court adjourned.
Daniel Hornberger pleaded guilty to fol
oniouSly entering the outhUusO OF David
Burkholder aud stealing quantity OF
meat.
| In oil the remaining cases against Hciuoy
| aud IOrubcrgcr, vordIcts of not guilty
were taken, the district attorney stating
that they would be sufficiently punished
| on the conviction, already had, la the case
Of Isaac Broneiscr and Julia Ann BuZzlTd,
vGrdicts Of not guilty were taken, tho dis
triCt attorney stating that the cases could
| not DO made out.
.SI.u rily N2rHIRg.- jury in the
| Daniel Singer, false pretonoo case Ictulnsd
n verdict Of guilty. A motion was made
in arrest of judgment aad rsaso1s were
filed for q new trial.
Eli Neiuey, one OF the Ephrata mOuu-
tain gang, convicted of ten charges OF
burglary, larceny and ieloUeOuS entry, was
sentenced 10 undergo an imprisonment of
six years.
charges OF burglary, larceny, 20, was
*
four years and months.
The dessrIion case against John OyeC-
deer was dismissed on payment OF costa,
he having provided 4 home for his wife.
Matthias Heingcn, city, was charged
with descrtinS aud falling 10 provide for
his wifc. The court directed the defeCd
ant 10 pay the costs aud pay his wife $50
per week for her maintenance.
The surety of the peace case against
Benjamin ). Bgensmau was dismissed,
with county for costs,
Peter WIneberger, city, wa8 charged
with dessrting his wife. Peter said no
was willing TO provide for his wife, and
the court continued the case 10 the August
Sessions.
Adam and Thomas Bauey, indicted for
| the murder of Bernard Short, were brought
into court and their cases continued 10 the
| August sessions.
The restaurant license of Charles Rust,
Marietta, was transferred to +. L
| hrauss.
| The Electric Lignt Poles,
| In the case of the city of Lancaster VS.
| Abraham Hirsh, oGo Of the civil suit:
| growing out of the cutting down Of the
electric light poles, certiOrari from Alder
man Spurriers 8 docket, Judge Patterson
has filed an opinion reversing the alder
| mans judgment against defendant. The
essential part Of the opinion reads az fol
| lows :
The action in this case, whether or not
sustainable, because of it being 9uL tIm
| action, II brought for violation of Sec 30
| Of ordinance Of f.h Of January, 1925
(unGor head of Lamps page 02, of ordi
nance book, the only ordinance or section
We can discover, which seems TO have any
reference to the act charged 70 have beer
| committed by the defendant, the penalty
| Inflicted by said section going In part t
the infOrmGT, and part - the city, the in
| former should have been named as plain,
| tiff suing for himself as well as for tht
city Of Lancaster.
| The alderman's transcript Tecites, thai
defendant "has violated the provisions o
the city ordinances, sec, 30 of March llth
1868, by having cut down or caused 70 bC
cut down an electric light pole erected OF
! North Duke street, in said city, by au
| thority OF plaintiff 1.-The city OF Lancaster
tor the purpose of lighting the streets oi
said city,
| Now il mas been held that in gui tan
action before an alderman for the violation
Of an ordinance, the record must show wha
tho ordinance is-the substance Of it, a
least, enough for the court TO determine Q tha
he had jlrisdiotion-if not in hGc UeTbd
| should be designated by number, section
or date of passage" I'D Parsons ! =. case
232 ; Fraley vs. Sparks.
In all those particulars, ruled TO be eB
sentials, the alderman's record is ertirel
wanting.
The ordinance Of sec. 9rd Of March /
1865" reoited by the alderman as tn
ordinance violated, imposes no penalty 70
anything, but defines tho duty Of thI
lamp committee in awarding supplies o
coal, oil or other material for lighting
The alderman must have misnumbered
both the section and the date Of the Ordi
nance, and as he has failed TO quote tn
ordinance, or the substance Of it, unde
which ho rendered his judgment, wha
is there that appears, by which, the cour
can determine the jurisdiction of tn,
alderman, or the law of the case Tn
alderman has indeed shown enough on hi
transcript TO induce us to doubt, bu
nothing on which We can pronounce witt
certainty, the whole record being slovenl
and defective.
lit was clear that the judgment rem
dered by the alderman, was rendere
under the 3rd SEQ. of the ordinance of At
Jan, 1925, the words recited by him, /
wit " Cut down an electric light pole
erected, for the purpose Of lighting N
streets Of said city," might possibly b
construed to cover this case. For tina
section of said ordinance reads, If an
i n. ,,arannu shan xyilfulty nr cara