The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1889-06-05

Cumberland Has been IN iail here tWC
weeks. Went from Pittsburgh to Redwood
in a freight train because We had no money
SAID before the Justice that we slept in a
barn said il because he was scared and ad
miited that he bad lied to the Justice
Miehaei BrDderick, the other prisoner les
tified that he got into the box ear At Rock
wood with tive buns IL L years Old. and
lives in Pifssbugh; jumped in another cal
at Salisbury junction, bat was not in ten
inmates; don't know who took candy ane
nuts; was goingso Cumberland TO get a JOB
saw two zen e! out OF car ia which eau...s
and nuts were; changed car, hoping 10 dnd
Ere didn't take any candy.
joan q Ogie, in his address, said thers
was distinction between burglary and lar
eeny the prosecution hss abandoned ths
burglary charge. and seek TO eJnvist On lar
eeny- Witnesses for prosecution had failed
to shox anything connecting prisoners with
The theft not one Of thea said the boys
took the articles even il they, beng
hungry. did take little candy and ieS
peanuts. who would say they should be put
behind iron bars fer months be illustrated
taking from necessity hy reading the SeriptMr-
al incident Of how the Saviour and Disciples
ate corn when passing through = field and
only pharisees condemned them. There j.
fhatin man that will lead him to seek noar-
ishmeni il is 50 now. and always has been,
ard always viii be tie idea Of the B. & o.
Railroad arresting two little boys and trying
10 send them TO prison for five pounds Of
candy and a handful of peanuts was absurd
The District Attorney said the B. & o.
Railroad vas as much entitled to protection
as any other corporation OF individual. The
value Of the goods taken has nothing 10 Do
with tie ofense alleged Crimes are hos
usually measured by the amount taken The
question simply is, was i theii. and were
these prisoners the thieyeS2 Remember,
these tramps stealing rides on cars without
any plausible reason are tbs most dangerous
element Of general society TIE presump-
ton is that these boys, being found in the
broken open car, and jumping OF and Tying
TO escape when discovered. are the parties
who did the stealing.
The Judge charged the jury that the ones
ton was simply guilty or not guilty, As to las
ceny that a jury they must weigh the
testimony ard ascertain, not who broke
open tie car. but who took the candy and
peanuts2 None Of the goods were hund on
the boys-the mere fact that the boys wsre
in the car is no PROOF that they took the
goods. Tie Commonwealth mEss prove the
boys took the goods. To convict You must
be satisfied beyond reasonable doubt that
the boys stole the goods
The jury having gone to their room for
deIiberstion, the jury in the case Of COM
monwealth vs. c. H. Benford was call
ed into the box. The testimony in this
case was published in last weeks HERALD.
The argument which had been postpon-
ed was opened by the counsel for the de-
fense. after submitting the following
points 70 the court.
l. That there can be no conviction in
this case for selling liquor without license.
inasmuch as theaet of May 1851 provides
that druggists and apotbecarIes shall not
be required to have licenses under the
revision Of this act and the uncontra-
dicfed evidence shows that the defrnd-
ant was a druggist having a certificate of
competency from the State Pharmacu-
teal Examining Board. the verdict must
be not guilty.
. That as there IS no count in the in
dictment charging the defendant as 8
druggist with any violation Of the stat
ute, the verdict must be not guilty.
The conrt refused 70 affirm the points
aad said. The two points raise qnes-
ton whether on this indictment the de-
fendant could be convicted. The points
are refused, aud the question Of Law viii
be duly considered on = future motion Il
necessary
Mr.. Koontz addressed the jury at
length saying that uuder existing laws
certain persons are allowed 70 sell spirit
uous and vinous liquors under certain
restrictions and qualifications He then
took up the evidence Of several witnesses
claiming that not one Of them sustained
the charges OF the Commonwealth. He
was particularly severe in his criticism
on the attempt to convict on such testi-
mony as was offered. He held that Hoi-
bert's evidence amounted 10 nothing in
view. Ist, Of his own admitted condition
for the three months specified; 2i
Because Of his connection with Mr..
Benford as his counsel; 3rd. Because Of
the personal difficulty now between them
involving suit in court.
Val Hay Commented at large on the
evidence, ridiculing the idea that the adj
mixtures were bought a. me.iici ne-ani
especially in such quantities as pint,
pint, ete. said Doctors prescriptions 5"
was simply dodge 70 get WHISKY Ii
on Holberts evidence which
was 50 severely criticised BY opposing
counsel, said he was now reformed
man and his evidence WIS entitled to
full eredence, and though not on frieua-
Is terms with Benford at present is does
no; follow that he would perjure him
self in this or any other ease, being ar
honorable member OF this ar
The jury in the HER and Broderisk
cases returned a veriiet # not guilty.
The Court gave the boys some sound al
wee ia regard to stealing railroad rides /;
told them 70 try and get honest work
and dischaeged them
Ad iourned 70 80 ?. m
AFTEESoox sES7ox.
Judges charge in Benford case.
The Indictment consains Eve counts.
The act Of 1857, 10Th section, provides
thai druggists are not required to procure
licenses, but shall not sell liquor except
for mesiieinal or mechanical Ialrposes.
and ihat il shall only Be sold for meii-
zine On a physicians prescription and
not more than once on the sane pre-
II he sold only on ssrh pre-
be could not be convicted. II
he sold wbiskey with medicine. and sold
as medicine, he cos.ld nos be eonviete'i
Second eount WIS throxn out. 81. Sell
ing to one visibly effected BY liquor II
there was any evidence Of such sales he
eould be convicted. 9Th Selling on
sunday: Y0u mnst determine from al
the evidence. 9th counf- Prosecuted as
a drngzist. Thrown OCT.
The defendant IS entitled 10 the bene-
If Of a reasonable doubt. As % the