Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1894-02-07
Court Proceedings.

Court convened on Monday. Great
interest was attached to it from the
beginning on account of the Carpen-
ter murder case. All other common
wealth cases were first disposed of
before the murder ease was taken up.
The first case was the Common
wealth VS.. Philip Rank, for threats,
Plead guilty, and in default of three
hundred dollars bail was sent to the
county Jail.
Com. vs.. Harry Pannebakcr, who
plead gnilty to the stealing of coon
skins. Sentenced,t to pay a fine of
one dollar, costs of prosecution, and
to undergo and Imprisonment of 80
days in the county jail.
Com. VS.. Harry Deim, stealing an
overcoat and lap robe, plead guilty.
Sententenced to reformatory.
Com. vs. Cloyd Bender, stealing an
overcoat and receiving stolen goods.
Verdict not guilty.
Com. VS.. Bruce Donaldson, charge
with wantouly pointing gun at
Josh Buchanan a school teacher, and
for carrying concealed weapons. Yer
dict guilty rs to the pointing of the
gun.
Com. VS. f. J. Shirk, of " film
county, charged with the forgery of
Ii pI Iomisaory note IN Andrew and
Banks Beashor, and obtaining the
money on the note from the First
National Bank. Verdict guilty.
The case of the Com. v5. James b.
Carpenter and his mother for the
murder of his father in Port Royal,
in December 1898, was called on
Tuesday afternoon in the presence
eff n room full Of eager spectators.
The prisoners were brought in by
sheriff Lapp and his deputy A. b.
Evans Mrs. Carpenter the wife Of
the murdered man was dressed in
mourning, and her son was neatly
clad in business suit and nicely
! lauudried shirt and cuffs.
Quiet was scarcely mole than re-
stored when the defense moved to
quash the array of jurors on the
ground that the jurors for this Court
bad boon drawn from the jury wheel
that had not been filed in accord
ance with the provisions of the law.
1t was contended that by n special
act passed in 1865, that two Jury
Commissioners elected by the people,
shall fill the jlry wheel, and draw
the names foI Jurors to try cases III
court. For this court the jury had
not been filled in that way. The
President Judge and one of the Jury
Commissioners filled the jury wheel.
The reason the President Judge
assisted in the filling of the jury
wheel was because one of the Jury
Commissioners could not attend to
the duty of assisting at the wheel on
account of the death Of his wife.
The Commonwealth contonded
that the President Judge had the
right to assist iu the filing of the
jury wheel when a vacancy was caus-
ed as in this case under the provis-
iors of a general act of 1867.
Court adjourned at ) in the even
aud reconvened at 7 in the evening,
when the defense contended that the
general act of 1867, did not repeal
the special act of 1865, and therefore
is not applicable in this case.
The Common wealth contended
that the later act or law repeals the
former law when the laws are incon-
sisttnt and cannot be construed
together, Cases were cited on both
sides.
Without ruling on the point Court
adjourned till Wednesday morning.
Ga Wednesday morning when
court convened, Judg ge Lyons, terse-
ly and clearly reviewed the scope of
the special act of 1865, under which
the motion to quash the array of
jurors had been made, aud rendered
the opinion that the act of 1867, re-
pealed the special act. The general
act is for all this Commonwealth, ex-
cept Philadelphia. In the enact
ment of the general law the intention
of the Legislature was to provide
and establish a uniform law for the
Commonwealth and that carried the
repeal Of the former special act. The
motion OF the defense was overuled.
As we so 70 press the jury is being
drawn.