The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1892-10-07

statute and subjects the seller to fine
and imprlsonment--to a very heavy
for the second offense.
and to revocation of license for the
first oifense, if the court sees fit to add
that to the fine fixed by the act.
The testimony in this case has dis.
closed what appear to be serious Of
lenses other than that charged in this
indictment We propose, before the
persons implicated depart from this
court, to put them under bond to ap-
pear and answer to matters developed
during the trial 1t will not do for a
court sitting to administer law to wink
at violations of law testified to from the
witness stand, or allow such violations
to pass, though not then formally be-
fore the court. We cannot pass by
unnoticed declaration under oath
that crime has been committed-di-
rect testimony in our hearing to facts
that we know to be criminal and to
constitute defined offense under the
common or statute law of this com.
monwealth.
Though the testimony developed is
not perhaps sufficiently explicit to
prove violation of the election laws
a witness has said that, he, when un-
der age, was persuaded by two persons
(whom he named) to make oath to-
oct n er with ona o,l, or ,,,J - ,,,>.., a. .
borough election in Berwick, in open
violation of law. If it should be
found that he is correct and that
he voted at any time within two years,
then he and the other persons men,
toned should be made to answer 1t
also appears from some Of the testl
mony heard here upon this trial that
an attempt was made to dissuade
witness or witnesses from attending
court in obedience to the subpoena
served upon them. For such an Of
fense there is heavy penalty provided
by law The persons named in that
testimony must answer. Two Of
them were held in recognisance for
appearance at next term of the
quarter sessions. This was done
soon after the jury had retired. One
minor testified that he had represent
ed himself of age in violation of the
act of assembly in such case provided.
1t is also clear from all the testi-
mony given here, that a scheme was
concocted to entrap this defendant in
to the very violation of law with which
he stands charged before you. This is
not merely unfortunate, it is repre-
hensible. We do not impugn the
honesty ofthe prosecutor.-the purity
of his motive; we do say that he went
too far. Before expressing ourselves
fully upon this matter, let us refer to
the testimony of the witness Price,
called by the defense. From his testi-
mony in chief-that Dickson had met
him here in front of the courthouse
at time when this case was for trial,
had asked him whether he was wit
ness in this case, and learning that he
was, had taken him aside and had
given him money-it would seem that
the conduct of Dickson was from a
corrupt motive to influence the wit
ness but Price himself, upon cross
examination fully and clearly explain.
ed the whole transaction, so that it re-
suited to the credit OF Dickson as a
man of noble mind and generous
heart, and totally removed any sus-
picion of improper motive for his con-
duct and hence we thought it our
duty, when Dickson was recalled, to
say that he owed no further explana-
ton to this court or to this jury in that
pect.
But, while we do not impute a
wrong motive to the prosecutor in
sending whom he did to the defen
dant's saloon, and in concerting and
arranging the action of the witnesse:
for the commonwealth-of the young
men who were to drink the intoxica
ting liquor, and of the older ones who
were to see them do it-while We
think the motive was to remedy wha,
he deemed an evil, and that he un
doubtedly intended nothing more thar
the breaking up of a pernicious practice
IN that borough of Berwick; yet we
are bound to declare that the means he
took are not approved by the law Of
the land. He has described to yor
what his observations had been in re
gard to seeing young men, minors
reeling and staggering drunk upon the
streets, and has told you that hi
effort was to discover the source "tc
find out where the most of it came
from" He had seen a man to whom
he had paid large sum of none!
squandering it in the saloons, and ht
had seen one Of the witnesses here,
minor, about to drink In one of the
Berwick saloons in short, he had n'
doubt seen enough to justify any gooC
citizen in the desire and the attemp
RI sion Dernetration of the crime. tC