Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1884-10-29
THE QUARTER SESSIONS,
or ann ApJoussnu ocronEu ,rrNm

oF 1uE AuJuussEu oCTupEH TEtSa
The Testimony ,n tho Lsngthy Conspiracy
ost" AS~in.t Justios prauk ana Consta.
Die struck Sentences imposed.
~ Upon the re-assemblipg OF court on
TUESDAY Afternoon, tho trial OF tho con
spiracy case against Justice Frank aud
Constable Struck was resumed.
Mr.. North argued that there could not bo
conviction under tho indictment as
framed. He read tho act of Assembly
under which the indictment was drawn
and oontended thas no proof OF conspiracy
had been offered. Tbs justice aud oon
stable were performing public dnty
when they committed these meh to the
county prison and each was liable for hia
own action. II they took illegal feus they
may be prosecuted for that ofiense
The court said that conspiracy must
ba shown before overt acts OF tho defend
ants can bo proven. All thus far proven
show that each OF the defendants acted in
their respective stations in tho arrest aud
commitment OF the parties named in tho
indictment. 70 tho mind OF tho court
conspiracy had not yet been proven.
Mr.. Stotnmet2 argued that tho juyy
were the judges a. to whether con.
spiraoy had bseu proven from all the
testimony presented,
The court replied that thoy would
require tho commonwealth To lay the
foundation Of their case by lhJSI1g that
there was conspiracy bttwsnn Justice
Frank and Constable SGruok,
George Fisher, one o, tho pgACipal
witnesses for the commonwealth, was
allowed to testify to all that took ,laca
at the Justices otice before ms Was COM
mitted to tue county prison for drunken.
meas aud disorceriy conduct. His story
was substantially rs outlined in tho
| oouusers opening At It's conclusion ir.
North again arGu5d that conspiracy
between Frank and Struck had not ba3u
proven, even il all Fisher testified TO was
true.
Mr. Steiumotz, for the common wealth,
argued that a conspiracy had been shown
| by the testimony Of Fisher that he was
entrapped to the office OF Justice Frank by
Constable Struck, by his telliug him that
| he would take him 70 u boarding house.
aud thai ho was seGt IL prison without =
| hearing, foV drunkenness aud disorlsrly
conduct, whom he was perfectly sober.
The court ruled that suite foGn,ia
tion TO establish conspiracy had been
shown, and Fisher MAS allowed to con.
| tribute his testimony ~ To what t1nE
place outside the Justices office II0
continued: When the witness asked
Struck where they weTG going, aud Struck
| replied TO Lancaster. Witness said 'ho
| did not want - 90 60 Lancaster to soJ O
| boarding house, spi that he wanted tn rn
main in ColumSlG." S.guck then SAID "no
would have to go with hun. opened his
| coat, showed his badge 9ld said ne was p
| policeman" Witness was disposed 10
resist, and Struck then said be would put
| the hand-cults o. him and from thai tune
witness saw thoTe vas no u9o in resisting
and be went atong, He was brought co
this city aud lodged III Bummer's Hall.
The witness WAS crUss-eXamined ..
| lergth, but be stuck to tho samo ssaielRut
of facts as told by hin in his eSamlGa-
tion IN chief.
BENJAMIN Noli, who lived in Columbia
last year, testified that he saw George
Fisher late on the afternoon OF Decg IN Der
Is, as Columbia, and F!she. was per-
fectly sober. lie was well dressed IN
| dark clothes.
On cross examination witness said ho
could not tell on what day of the mouth
Christmas came, bot he was positive it was
on the 18th of December he saw Struck and
Fisher together at Columbia,
Prison Keeper Bark holder testified THAI
he was sc the pIison on the evening ui
December 10, when George Fisher was
brought shere by Constable SIuok,
Fisher was Tespeo5ably dressed and was
sober. The commitment was for five days
for drunkenness and disoTdSrly conduct
and Fisher served the term for wli3h he
| was sentenced
Joseph HOUcA, who IL is claimed waa
arrested under circumstances similar "a
those of Fisher, was the next witness called,
but before his examination was proceeded
| with counsel for the defense raised another
objection to tho indictment. They claimed
that each count of the indictment contains
three separate and distinct Otienses, while
the law only allows single olleuse TO be
named in each count. Before tue con
clusion oil the argument court adjourned
to 0 O'Clock on Wednesday morring.
SENTENCES IMPOSED.
John Ii. Finueirock, convicted at tEe
morning session OF court of the larceny of
q watch, the property OF young man
named Carroll, was sentenced 10 undergo
an imprisonment of fifteen days.
Frank Kreider, OF Quarryville, convicted
yesterday OF au Assault aud battery on
David MaIciowycz was sentenced TO pay a
fine of So and costs.
| Wednesday, Worniag. met at 0
O'Clock oa Wednesday morning, The
court decided 70 admit tha testimony OF
Joseph Hauok, Counsel Tor delendants
again raised the question that the trial
could not be proceeded vita ulCec tho in.
d:ctment as drawn, for the same reasons
as stated yesterday, aud cited additional
authorities in support of thei- position,
The court decided TO go on with the trial
aud Joseph HouUk told tho following
story
lie ecame from Baltimore TO Columbia oAr
evening at 6 o'clock, ard while witness
was with thres other men, Constable Struck
met him and asked him whare he was
going witness replied that he was look
ing for a hotel. Struck sgid h6 kpsw Of O
hotel where they would not have TO pay
anything witness aud tho men went with
him to q place and they were locked up for
the night; the next morning they weTo
taken TO Justice Franks office wituesa
was asked his name, aud after be told thc
squire, it was written On piece of paper,
and the paper handed to Constable Struck
the constable then went TO n cupboard
took out bottl, of whisky Gnd treated
witness to driuk, after which he also
gave him plug of tobacco Struck then
said they would now have to go. ard wit
ness with three others were taken TO tho
railroad station, placed on the cars,
brought to Lancaster and lodged in the
county prison witness was not given n
hearing was not drunk or disorderly,
and had one hundred marks in his pocket.
| Carl Peterson, the next Witness told