Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1889-11-01
LEGAL NEWS.
NOTES


Monday. handed down decisions in thre,
liquor cases. arising under the Brooks
liquor law. one from Jefferson Co, one
from Somerset Co and one from Butler
Co., in each of which the lower courts wert
sustained. The first case was that of dis
tiller who applied for mandamus on the
| Court to grant him a license; the second
was that of three men convicted of illegal
| liduor selling after taking out a County
| Trcasurer's license. and the third was the
appeal of James Sellers of this county,
from the Judgment and sentence of the
| Quarter Sessions here at Sept t., 1887, on
grounds of the unconstitutlonality of the
act, defective title, etc. The Court in Its
! opinion holds that the act is sound and
constitutional, that the title is a true index
| to its contents, and that as the license was
granted in April, 1887, prior to the passage
of the Brooks law, sentence should not
have been passed according to the pro-
visions of that act. The Justice said the
object was to leave intact the laws enacted
prior to the adoption of the present Constr
| tuition, and when the defendant accepted
his license he did so subject to the laws
| then in force, or that might thereafter be
passed. The Commonwealth does not in
tend to barter away the right to legislate
on the subject of intoxicating liquor. Error
in the trial was not shown and the judg-
ment of the lower Court is affirmed and
record RENTED. No other Butler county
cases have vet been decided
The Supreme Court has refused to inter
fere in the case of Zach. Taylor, OF
Greene Co., sentenced to be hanged for the
murder of the drover McCausland, and who
appealed on the ground that one of the
jurors was incompetent for the reason that
he made the remark, 1--WE will hang the
whole gang OF them," and also that some
of the jurymen had read the accounts of
the murder The Chief Justice says: 1--WE
have repeatedly held that the test of the
competency of a juror in capital case is
his ability to render a verdict upon the
evidence alone, uninhuenced by any
opinion he may have previously formed
from newspaper or other reports of the
crime
In the L. S. Court, last Friday, the SEN
tence of r. G. Day, convicted of counter
feiting, was again suspended; and young
Texter, convicted of opening letters, was
sentenced to one year in the county jail.
At Pittsburg, last Saturday, Judge
White sentenced two young men, one to
six years and the other to three years in
the penitentiary, for enticing l5-year old
girl to the city for immoral purposes. One
of the men sentenced was merchant of
Scottdale
A novel point came up in the criminal
court of Delaware county, Wednesday, in
volving the construction of the Brooks high
license law, ysung man in Chester being
indicted for giving liquor to a minor. The
Brooks bill fixes penalty for giving liquor
to minor, with or without a license"
The court held the party was not liable to
indictment, as the title of the act was "to
regulate and restrain the sale of liquors,
ETC., ;" and that it only applies to persons
who are in the business of selling liquors,
who give to minors. The case was taken
from the jury by the judge and the defen-
dant acquitted.
General Rowley, of Pittsburg and sew
eral others have brought suit VS.. the p r.
r. Company for damages caused by the
accident at Sarver station.
Special Court for the trial of civil cases
meets in Butler next week. The following
cases are on the trial list: Pringle for use
VS.. Christie; Stayton for use VS.. Graham
ct al; Negley VS.. P. & W. r. r.; Stephen
son ct al vs.. Bovard ct al; McElroy, trus-
tee, VS.. Klingensmith ct al; Kaylor ct al
vs.. Kaylor ct al; Bole VS.. Mcbride; Wal
ter VS.. laval; Boyle for use VS.. Smith
man; Dalzell Bros. VS.. p. r. R. Company;
Titley VS.. Pierce ct al; Marshall VS.. Nc
Kee; Wilson VS.. Frazier; Gibbs g. Sterritt
VS.. Hazlett ct. al; Brackney g. Hunt VS..
Huselton; Bartneski VS.. Magee ct. al; A;
Donnelly ct. al VS.. Hilliard ct al; Don
nelly ct. al. VS.. Norcross ct. al; Dindinger
VS.. Emrick Cranmer for use VS. Tebay;
Knapp VS.. Earhart; Hartzell VS.. Titley;
Magee Us. W & A. Pipe Line; Kennedy
VS.. Crawford; Kelly ct. al. VS.. Hildebrand
ct. al; Kilroy VS.. Poor District of Petrolia;
Magee VS.. McCrea; HARRISON VS.. Shuster
2 cases; Daniel VS.. Hays Bros; McCandless
VS.. Humphrey ct. al; Scheel VS.. German;
Armor VS.. Yogeley et al; Tiff Sons & Co.
VS.. Stoughton.
Letters of administration were granted
to Eva Kehling on estate of Jos. Kehling
of Summit township, also to Adam Byerly
on estate of Eliza Byerly, of Buffalo, also
to Emiline Group and Samuel Schlagel on
estate of Lyman Group, of Butler township.
Chas. Harkless had John YOgel returned
for stealing dog and W. E. Reed re
turned Paul Mcbride for surety of the
peace.
The will of Samuel Sheldon, of Parker
township, was probated and letters to W.
A. Fleming and John Il. Barr; also will of
Elizabeth PfeiSter, of Oakland township,
no letters; also will of Rheinhart Drushell,
of Forward township, no letters; also will
Of Henry Rape, of Zelienople, and letters
to Adam Rape.
L. s. Merit is in Jail on charge of as
sault and battery.
The County Commissioners are sending
ont the election papers this week.
LATE PROPERTY TRANSFERS.
Jas. Bredin to II. II. Goucher, lots in
Butler for $3 600.
L. Hammond to w. E. Reed, lot in But
Ter for 81 200.
G. X. Keck to Ada Albert, lot in Butler
for $3.50.
A B. Eshenbaugh to W. D. Eshenbaugh,
SO acres in Clay township for So, 600.
John Berg to d. b. Campbell, lot in
Butler for SO, 500.
j. G. Hoffman, trustee, to S. NJ. Gold,
100 acres in Butler, Centre and Franklin
townships for 81.
G. c. Roessing to j. NJ. Leighner, lot in
Butler for 81, 800.
NJ. E. Cooper to j, NJ. Leighner, lot in
Centreville for $40.
d. A. Renfrew to R. S. Kirkpatrick, lot
in Renfrew for $75.
NJ. E. Bole to Mary Gray, lot in donegal
for 5000
f. N. Campbell to Eliza McNaughton lot
in West sunbury for $400.
W. II. Ritter to Geo. II. Loidecker lot IN
4 H.. ., e..