Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1893-12-22
sErrLEMKNr oF rnE KELLY cAsE.

the matter went over till next morning,
VI hen the parties came together again; Nc
Donald concluded To let up on Kelly, and
the paper below, written by Thompson was
signed by Kelly and accepted by McDon-
aid.
1t was then presented to Court and a
nOlle prOsequi was allowed, though Judge
White expressed some doubts as TO the
legality of the proceeding; and dictated an
opinion which the Court Stenographer took
down.
The paper filed in the case reads as fol
lows.
Whereas, have been indicted for per-
Jury at No. 26 of September Sessions, 1898,
and for forgery at No. % OF the same term,
| agree in case these cases are noil pressed
to pay all costs, including record costs and
Commonwealth witnesses costs, as also
fees of private counsel for the Common
wealth; further state voluntarily that l
know nothing derUgatory Of the private or
official character Of my late colleagues, B
n. Duncan and A. J Hutchison, or of the
Clerk of the Board, of which | was MEM
Der, Enos Mcdonald Esq, and | further
agree to pay To the County Treasurer one
hundred dollars, paid the late Hon. Chailes
McCandless as Counsel fees in the case
with interest TO date.
Witness my hand and seal this 18th day
of December, 1898.
J. c. KELLY, [SeaI1
Signed, sealed and
delivered in presence of
LEV MCQUIsTIoN,
WILLIAM A. FohQUER.
And now to wit Dec. 10, 1898. these Q
cases settled by the parties with leave of
Court on compliance with the above terms.
A nolle prosequi 10 be entered on cOmpli
ance with the terms OF settlement.
Witness the hands aud seals of the prose-
cutor and defendant this 18th day OF Dec,
1898.
ENos MCDoEALD, (Seal.
j. &C. KELLY TSeal.
Witness.
WM. A. FoRQUER,
JonY NJ THOMPSON.
That in view of the agreement in writing
by the defendant To be filed herewith, and
OF the public interests involved, hereby
apply To the Court for leave to enter a
noile prosequi in both prosecutions, No. %
and No, 20 of Sept Session, 1898, believing
that such course will not be detrimental
to the interests Of the Commonwealth.
IRA MCJUSKrS
Dist. Atty.
And now Dec Is. 1898, for reasons stat
&C III an opinion this day written and filed,
leave is now gwen TO the District Attor
ney TO enter nolle prosequi as applied
for above.
BY THE COURT.
Judge Whites opinion has not yet been
filed.
In the robbery case lately tried at New
Castle, the NeiCS gave Pizor's story on the
witness stand as follows:
Harrison Pizor, the defendant, was the
first witness called Witness first met
Harry Millson nine years ago; never saw
him again until little over year ago.
He was at witness house several times
last winter. On the Thursday before the
robbery Miiiison was at witness place;
said that be was hunting work. After
wards be asked witness: "DO you think
that old widow has any money!I Witness
replied that be didn't know, lut thought
that she had SOLD nothing % get any mon
ey. Denied making any admissions to III.
W. Williamson at the Justices office at
Enon Said that Millison had said in jail,
in the presence of several persons, that he
had never said that witness had told
him that the Williamsons kept a large
amount Of money in the house or gave him
plan of the house. On crOss-examina
tinn il was brought out that three men,
neighbCrs of his in Butler county, had
warned HIM to leave the county or he
would be prosecuted for stealing. Witness
was put through a merciless cross examina-
tion by District Attorney Emery, and in
the main stuck to his original story. In
conclusion he said that be had never
threatened to lick Millison for telling on
him.
Mrs. Pizor was called and sworn. The
burden OF her evidence was principally to
show that Millison was acquainted with
the locality about the Williamson place.
Ida Bell, who was wanted as witness
in the case against II. J. Thomas, the
saloonkeeper, at 2403 Penn avenue, was
arrested in remote town in Butler county
by Detective Demmel. The woman said
she Lud been sent away to avoid appearing
in court against Thomas, who was charged
with keeping a disorderly house.-Pitts-
burg Times.
An interesting case will be tried in
Meadville this week that of Alfred Taylor
vs. Mercer county Two years ago Tay lor,
who lives in Pymatuning township. was
driving load of coal across n bridge in
that township The bridge broke and all
fell into the stream, twenty feet below.
One of the horses was killed. and Taylor
had leg. an arm and a shoulder blade
broken. He claims that the Commission
ers had been previously notified to repair
the bridge. He now sues for 500. 900
damages.
In February, 1887, 0 L. Smith of
Lawrence county. Pa. died suddenly. 1t
was the generally accepted theory at the
time that it was q case of suicide. Smith
held a policy in the Connecticut Mutual
Life Insurance Company for SO 600 The
company refusing to pay, alleging that
Smith committed suicide by taking lauda-
mum The case was started in the Law
renee county court, but was subsequently
removed by the company to the q. S.
District Court at Pittsburg. where, after a
jury trial cf fonr davs. a verdict was given
against the company for the amount of the
policy with interest.
The company then sued out writ of
error to the U s. Supreme Court, which
reached the casr few days ago, and at
firmed the Judgment Of the lower court.
After a wait Of over sly years the family
of the diseased will now get the money.
An opinion handed down last week by
Judge Duty. of w estmOrland county, Pa.
affects theatrical people in an important
way in every county in the State, except
Allegheny AMI Philadelphia He decided
that under ~ laws of this State theatrical
companies must pay license of $50 TO the
county treasurer before performance can
he given therein. unless a State license al
81 600 is first paid. The peneltv for viola
tion Is fine Of not less than 5000, or more
than 81 900
Thomas Shannon, was placed or
trial at New Castle this week. charged with
emhezzIing 80 100 while cashier of the
Pittsburg e. Western railroad in that city
There are seven counts. against him. The
defense caused some surprise by denying
the existance of corporation known a:
the Pittsburg d Western Railroad. This
brought matters to a standstill. and an
active search was begun at once to find the
charter.
The charter was found and Shannon was
convicted.
A school house case heard in Merce
county il reported as follows: Some tim,
ago the school directors OF jackson Center
concluded that new school building wa
necessary for the accommodation of th'
pupils. and by regular action of the board
contracted for new site and new build
| ing and applying the proceeds to the pay
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