The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1892-05-11

Charles 3. Sparks. nephew Of the former
witness, Is q young man and vas greatly
embarrassed zs II Vas his frst appearance or
q stand IN eoart n answer % a question
asked as to what relation he bore to the pre-
vious witness, he said
Il an his niece
he described the apparatus, and his testi-
mony vas similar to that OF his uncle.
William X. Sparks. another ne2aeS, had
been in Miller's spring house and saw some
white stuff coming from the pipe He
thought il Was apple jack In explaining
how Equ0r Was obtained he sid
We would chip in and boy would go
up TO the mountains and bring back quart,
which costs 50 cents. Miller would also chip
in. He never sold me any. He has two
houses, and sleeps in one and eats IN the
other. He would 90 70 a room in his house
and lay down the money and 20 out When
be came back s bottle would be on the man
tel-pieoe- The ano1nt Of money laid down
indicated lie l1aniisy Of the staT be want
eI. M. Fletcher vas employed in the
house, BAT ] do rot knox whether she
put the bottles on the maniel-pieoe or
not
The witness admitted that he did not Ike
Miller very vel, and that there was fead
Of several yearz' standing bs;Eeea the two
families.
John Sparks testified 10 having aooOnpa-
MED his brother and tEo nephess to MI
er's spriag-h51se- He also admitted he hsd
sgrudge against the defendant.
John P. Bir5isy, Of Indian Head vas the
drst witness f5r the defense- He testified
that he had known Mr.. Miller for Is years.
that be purchased the MiIlerstOre ca april
/, ise0, and sold j; back 70 the original oEn-
er April /. Is22 He ssid that lie lived in
the building in which thsstOre vas conduct
ed within 80 yards Of Miliers house. Dur
ing lzsi sumner and fall, be said, be kept
their rnilk in Nr. Mlier's spTinghoase, il
which the still vas l0ca.el he was about
the springhozss frequently, but never saw
the distilliug spparz;us. He said hat Mr..
NiIleF's general repu,ad0a, and especially
his reputation for h0uesty, EEs good. Be
fore tins case was oomnencsd BE never heard
Of IL. Niier being charged with Illicit dis
6lEng. He knew the boy called Colonel
Hayes, Eho worked for Mr Miller, and
had -isent him 20 ihs mountains soueshs-e
after liquor for diphths-ia' Miller never
sold apple JACK that he knew OF, though
Eqa5rs Eere freq1eatly called f0r Al the
store.
Austin Blumgart. Who had lived about
Ind.su Hsas al bis lie and had known
Mi.er since boyhood, testified that be vss
an honest, law-abiding citizsa- he also
knez FLETCHER who worked Tor Mr.. Miller
lsst faii, but knew nothing sbovt the spring
house still
Lsmlel Matthews, Who bad resided With
in three miles Of MHlsr's store Tor l5 yeas,
and samuel D. Krams-. an old citizen Of
that locality. a,so testified to Niller's good
cha-scter
THEB1Ts GOULD SET AFFLE JACK
Jesse burke, formerly CLERK in Miller's
store, sad they frequsaily hsi applications
for whisky Al the store Sometimes they
told thsir customers ti.at they could serd
aEay for some7 Hsss.d that Millsr's rep
utaa5n Eas good, bat admitted On cross eK-
animation that it Wa understood among
the boys that apple JACK could be obtain
e5 a his employers h01se. Major Frank
Chambers. who had known Miller for -
years. was called and testified to his good
character.
John Il Miller, the defendant. was the
las, witness. He testified that be owned
farm ofI30 acres. which be operated, and
general store, besides being engaged in the
business OF baying and shipping wool.
Fletcher and his wife we're in bis employ
last fall They reside half nile from bis
place, but Fletcher has not been seen since
the case was eDmmsncsd Fletcher and
M.ller's boys made CIDER from the big apple
crop on the farm last fall He bad permit
tel Fletcher 10 Use large copper kettle in
which 70 make apple batter. When the
weather would Permi; they boiled the spple
butter out doors. and when Il was cold CT
rziny they boiled i II the spring houss-
Mr. Miller said that be first saw the crude
distiliing apparatus described By the Sparks
boys The night they were a. his h0use- he
sad that he then notified Fletcher 70 rs-
move it a; once, and ta.t il was taken away
the next day. Miller said be never made
cent ont Ok whisky OF apple jack. and II al
he had never sold Il Es would not swezr
that his wife hsd not, nor that his boy had
lot. he said his soa was q very bad boy.
When the boys chipPei in TO send - Colonel
Hzyes7 70 the mountziz fJr iiqao- he had
chio2si IN With them
raz N1LLEEs AGAINST TEE sFLREsE-
he testified that be bad had trouble With
the Sparks fsniiy, Who conduct an opPosi-
ton store. The story OF The Sparks boys,
that they frequently went to MiIlers house
and laid d0wn 50 cent. on the table and
sooa a quart Of apple jack would b laid il
It's place, was dsa.ed by him. Colonel
Hsyes,T be szid, had bought moonshiae for
him from the celebrated e Gsne-sl Sigel.
In his charge % the iuy Jndge Buaing-
ton insruc.ed the jury 70 Acquit tke defend
ants On the irst and third counts The frst
c,uut was for disEiliing without bond, and
the third for not notifying the eolls cior Of
his intention 10 engage in the distiiling busi-
ness- The court sid that II did not appear thA;
Nr. Miller had ever intended TO engage in
the distiliing busiaes- He also instructed
that on the second count-the charge OF
having on bis place ard in bis custody or
control distiiIing appaFatus-it wouid be
scessAry 10 show tina, the defendant bad
knoEledge Of the acts Of Fletcher The
decision Of not guilty was received with
satisfaction by al tie Fayette county people
present. except the spark. family, who were
badly sinEei daring the triAl.
Af.sr the verdict vas handed up and read
judge Bufsngton called M Miller before
the bench and gave him brief lecture, in
which be said
@Mr. Miller, under the direction Of the
court you have been acquitted EO1 are .
man Of properly and reputation l want
TO express the hope that you viii never
give OCCASION to be brought into this court
szain, either directly or indirectly, and tc
@ lfio1 yon not 10 allow still to bs 81 up
on yOaT PREMISE