Sullivan republican. [volume] (Laporte, Pa.) 1883-1896, 1894-04-20

LANCASTER, ArR!L I6.-Judge
Brubaker created a sensation to-day
ut the opening of the April term of
Quarter Sessions by instructing the
Grand jury to bring IN an indict.
ment for conspiracy against exPro-
thonotary Lewis S. Hartman and
Clerk John B. Miller Judge Bru-
baker arraigned Prothorotnry Hart
man last December and bills were
presented to the January Grand
Jury, bat the latter ignored the
charge of conspiracy. Judge Bru-
baker declared in his charge to-day
that he twas not satisfied that either
sufficient or proper evidence was
submitted to justify them in placing
the defendants on their trial. I am
convinced Of this fact when | find
not only lack of names of witnesses
on the Indictment, who were within
easy reach of the prosecution, but
also that the names of two witnesses
were endorsed on the indictment
who should not have been heard,
were too closely connected with the
interest Of their employers to stule
tify themselves. | refer to two of
the Prothonotary's clerks.
''Ample testimony could have
been procured outside of that office.
The arraignment of those officials of
itself, which is a court record, indi-
Gates plainly that the Prothonotary
and his deputy were notified by the
Judge of the court then presiding,
in March, 1898, that he would not
permit this species Of pilfering from
individuals. They have seen fit to
openly and notoriously defy the
warning by continuing to charge
illegal fees from that day until the
same of the arrignment by the court,
which is evidenced in nearly if not
all the cases disposed of in suits
that have been brought and exccu-
tions that have been issued ever
since, which could not have been
done unless these defendants had
acted in concert for the heneft of
the Prothonotary or for their joint
benefit, TO the prejudice of the pub
lie or the oppression of individuals.
CRIMINAL CONSPIRACY.
"This is criminal conspiracy, and
the case if properly worked up can
easily be made out. A sense of
duty of higher obligation than any
human consideration imperatively
demands that the Court should un-
hesitatingly give you its opinion, so
that there may be no miscarriage of
justice in this case. Public Justice
would he wicked mockery if we
permitted our clerks to go unpunish-
ed for crimes committed in the
temple of justice. | therefore feel
constrained to direct the District
Attorney to draw up Il new indict-
ment and submit it to you, The
case of which | speak is one of no
torious character. There is not a
member of the bar who does not
know that the Prothonotary and
his deputy have deficd the warning
J..
1898, and from that time on illegal
fees have been charged. Should the
District Attorney send in the proper
witnesses, you will have no difficulty
in finding a true bill on the con
spiracy count"
ROTTEN CLEAR THROUGH.
When Judge Brubaker had con-
cluded District Attorney Franklin
said he had personally examined all
the witnesses called before the form
er Grand Jury, and endeavored to
bring out all the facts. The Judge
replied that he had made q mistake
in calling the Prothonotary's clerks
to which the District Attorney re-
piled that their testimony fully
corroborated everything that was
contained in Judge Braubaker's ar
raignment at that time" The col
loquy became somewhat warm. being
closed by Judge Brubaker with the
remark that the Prothonotary's office
was rotten clear through
Clerk of Quarter Sessions NJ. s
Fry, and ex-Clerk, Il. f. ". Urban.
to-day presented to the Court their
answers to the arignment by the
Court on March 6, when the Court
charged them With making improper
returns TO the State, aud with
charging Illegal fees. The answer,
disclaim any intentional violations