Johnstown weekly Democrat. (Johnstown, Cambria County, Pa.) 1889-1916, 1890-03-14
NOT so ELAG~ AS PAINTED.
~" Gru:h About the Charges Made in the
" Tribune Against the Cambria County

ID" truth About the Charges Made in the
Tribune Against the Cambria County
Court.
Under the caption of Some Curiosi
ties of our Court" tie Tribune descauts
in IA manner that would make one be-
lieve that anything is possible in a Cam
bria County Court. II what is stated in
last evenings issue of that paper were
true then we have only u travesty and a
farce instead of Court of Justice. The
truth is that either the 7libwne or its IN
formant nlisstdted some facts and put
some others In such light t,t ;.c"., "c CON ~.
clusons would necessarily be drawn
from them.
The Tribune alleges that the counsel for
the defense in the Peters gambling case
prepared the Indictment for the prosecut.
ing attorney, aud asks the question, us it
likely that defendants lawyer would
prepare bill of Indictment against his
client that would stand ?" We answer
tins by saying that it is not likely that an
attorney for the defense, if so employed,
would undertake TO prepare an indict-
ment against his client at the request of
the prosecuting attorney. But if he dil
so it would be grave charge for any
newspaper to make or even ultimate that
lie did it in bad faith or with view of
taking advantage of it. The truth is that
the indictment was prepared for the dis
trict attorney by no less than four compe-
tent attorneys, the return having come in
gagged in the trial of causes before the
Travers Jury, and in giving Instructions
to the Grand Jury. The counscl-W.
Horace Rose. Esq.-who defended Mr.
Peters was not employed or re-
| tained for the defense until sew
eral days after the bill of indict-
ment was drawn, 1t is certainly a very
grave reflection, if not n libel. on the
counsel for the defers sc to intimate that
he acted in bad faith, and no other con-
clusion can be drawn from its remarks.
uC blulli III lGSulh W NhC SdAhblluS
case is that in the information against Mr..
Peters he was charged with keeping Il
gambling house on Adam street, in which
money was won and lost in game of
cards known as poker. 1t was not
| charged that he was hotel keeper or per-
mitted playing for drinks. The keeping
of gambling house as alleged in the in
| formation is an offense under the penal
code of 1860. The matter of landlord
permitting gaming for drink alone is an
indlctable offense under an act of 1881.
This was not alleged in the information,
and if ii had been alleged in the ndIct
ment the indictment would have been
quashed for the allegations therein were
not contaiacd in the information. The
information contained only an otfensc
under the penal code of 1860. The IN.
dictment could contain no more. Ii was
not quashed by the Court nor is it true,
as has been alleged, the indictment didn't
"hold water" On the contrary the in
dictment was sustained as being perfect
in form and sufficient under the penal
code of 1860, but the Court charged the
jury that the testimony would not war
rant the jury in finding Mr.. Peters guilty
of keeping gambling house as alleged
in the indictment, but would have war,
ranted conviction of permitting gam.
bling for drinks; yet the information did
not charge this, nor could it have been
contained in the indictment framed on
the information as returned to the District
Attorney.
In regard to the other matter, already
twice printed by the paper named, this is
the truth 1t was in the case of the
Commonwealth VS.. McMullen. 1t will be
remembered that the December Court
McMullen made statements IN regard to
where he received the money. The jury
disagreed and the case was tried again
this court. The defendant told a very
different story at the March term of court
In referring to this Chal. L. Dick, Esq,
in arguing the case for the Common
wealth pointed out this discrepancy in the
two stories of the defendant and in the
heat of his argument said that he regard
ed the defendant as one of the d--est
liars that ever periured himself in the wit
ness stand in our temple of justice.