The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1889-10-02

impossible to do more than try the import
ant criminal cases at this term, SO the Court
directed the Sheriff to notify the jurors who
had b.,eTl summoned for the second week
that thay need not appear. An order was
also made continuing the entire civil list,
and all the criminal cases that were then
undis posed Of except that of the Common
wealth vs. James II. Lehr. The Witnesses in
this case were told that they could go to
their homes, but must be in attendance when
Court would open. at o'clock Monday.
Before adjournment Friday evening Henry
GaTno, the redonbfable shorty was
brought into Court and plead guilty to an
indictment for burglary. in breaking into
the store and residence Of Mr.. Elwell Ash,
at lockwood.
John o'Brien, who was indicted jointly
with Z. Shorty for The same offense plead
not guilty to the same indictment Saturday
afternoon
o'BRIEs ACQUITTED,
The first witness called was the proseeu-
tor. Mr.. Ash, who related the story of the
burglary; told what property had been
stolen, and identified watch that was found
on the person of Shorty when arrested,
as his.
Dr. Gildner next took the stand and told
how be traced Garno and O. Brien TO Cum
berland, Nd, and procured their arrest.
Charles Pitt related the story of the arrest
and produced kit OF burglar tools, con-
sisting of keys, dark lantern, gmlet, knife,
saw, screw driver pincers, &C., DC, that
were taken from the person of O. Brien when
he was arrested.
John Hoover, sworn Live in Black twp.
saw John 0'Brien and Garno at lockwood
the night the burglary was committed be-
tween six and O'Clock in the evening saw
them pass Miiler's store they were walk
ing along the street saw them next in
Cumberland, Coming up Baltimore street
Mr.. Gildner and arrested them: was pres
ent when they were searched at Justices of
flee. Tools shown witnessl These tools
were found on OBrien it was on the
morning of the 18th that saw them in
Cumberland
Henry Garno, sworn Have no regular
home; last home was on boat on Chesa-
peake Bay; was at lockwood on 18th of
July, 1889; got there at half past three, from
Somerset; was there iill half past four next
morning nobody was with me went into
the town and came back TO the car track and
met . Brien in the evening; | took him to
Hesro flr haA af
half past eight; O'Brien wanted place TO
sleep / took him TO a box car and we laid
down; that was about 10:45 got up three
quarters Of an hour afterwards and left
OBrien sleeping there; went and broke in
TO that gentleman's house; no one was with
me; met o'Brien the next morning; we
started east together | gave him the bur
glar tools wrapped up in paper and told
him they were some carpenter tools, and
asked him to carry them: he carried them
both arrested at Cumberland; buried the
money | told DR.. Gildner that il was buried
in the wrong place; afterwards told friend
Of mine, Thomas 0'Toole, where il was. and
he went and got it; | never received any of
il; be was to hiring me some but never
showed up; don't know where Thomas
0Toole lives; he came 10 the Somerset Jail
to see me; met him at Johnstown we
were both working for Contractor Mcknight;
am an Irishman don't know 0'Briens
nationality, but would judge from bis name
that he is an Irislman; work in the win
ter if can get it; il can't get work | beg,
and if | can't beg steal | got the tools
from gentleman at the coal yard below
Somerset.
Commonwealth rests.
John 0Bren, sworn l don't know
here / was born; never seen my folks;
have no home; met Garno at lockwood,
between six and seven o'clock he took me
to get supper never saw Garno before that
day we went to box car after supper and
| went to sleep; didn't see Garno again till
the next morning when was walking down
the track from Rock wood be gave me some
tools, saying they were carpenter tools !
didn't know they were burglar tools till We
were arrested at Cumberland; he didn't give
me any money; l didn't know he had com
mitied a robbery till we were arrested.
Cross examined don't know where !
was born think in Michigan never saw
my folks; am subject to fits. When the de-
fendant left the stand Judge Baer told the
jury, that there was not sufficient evidence
TO convict, and verdict of not guilty was
taken.
oBrien informed the Court that he would
like to stay in jail till Monday morning,
when he would go to Johnstown, where he
had been at work, prior to being arrested.
Sheriff McMillen took O Brien, who is
frowsy, red-headed, wild looking Irishman,
back to Jail. where he kept him ill Monday
morning, when he accompanied him TO tie
railroad station intending 10 buy him a ticket
to Johnstown.
As the Sheriff was about to purchase the
ticket, 0'Brien told him not TO do so, as
lie was not going to leave Somerset at pres
ent, so the Sheriff could do nothing but let
him go where he pleased.
SHORTY AGAIN PLEADS GUILTY.
Af;er the o'Brien case had been disposed
of the case against Garno for Felonious AS
sauli, in holding up Watchman Kiefer the
day the Nicely brothers made their desperate
dash for liberty, was called for trial.
The defendant plead guilty 10 assault and
was remanded TO jail The maximum pen
atty for burglarly is ten years in the peni-
tentiary, and one year. for assault. Sentence
will be imposed this week, and it is no;
likely that Shorty" win get of with
less than ten years
Com. VS.. Simon Wagaman; cutting and
removing timber trees, on information of
Henry Geary. Verdict, guilty. Motion in
arrest Of Judgment filed.
Same VS. Ezra Young assault with intent
to kill, on information of Harvey Speigel.
Verdict. guilty of assault.
Same vs.. Demetrius Bisel and Robert
Guthrie; A. & b. on information of A. J.
Ringler. Verdict guilty rs to Demetrius
Bisel, and not guilty as 10 Robt. Guthrie, Jr.
Motion for new trial filed.
Same vs.. John Boyer A. 4 B. and sure.
! ty, on information of L. c. Rhoads. case
called, and neither party appearing. case
was dismissed.
Same VS.. L. G. Rhoads. Neither of the
parties appealing, case dismissed.
Same VS.. Henry Risheberger; msdemean-
or in Office, on information of Frank Roberts.
Verdict not guilty, and the prosecutor and
defendant each to pay one-half the costs.