The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-05-19

Judge pershiug Gives His Views ON Rights |
to Petition.
.PorTsviILE, May i0th.-rhe May term Of
civil court opened yesterday morning with |
Judges pcrshing and Bechtel ON the bench. |.
Judge Slvidge, of Northumberland county,
came down at noon to assist in the trial of
eases.
Among the civil cases tried here yesterday
was one of Mrs. Annie Iloldcrmau against
NJ. S. Boscuzwcig q Co., 60 the use Of Samuel
Cohen, ON a feigucd issue TO determine the
title TO the stock, fixtures, etc, of the iewclry
business of A. llolderman on North Main
street. shenandoah The case was tried
before jury and a verdict was rendered in
Mrs. IIodeman's favor, it being shown that
she purchased the property at Sherih's sale
in 1883 and had continued to own it ever
since. S. II. Kaercher and S. G.. NJ. Hollo-
peter Esqs., appeared for Mrs. Holderman.
The other side was represented by $. Burd
Edwards Esq.
The court refused t. grant a rule asked for
by the County Commissioners to compel
petitioners for new road view in West Penn
township to give bonds for the payment of
costs. In doing so Judge Pershing read an
opinion questioning the validity of the Act
Of 1895, under which the rule was asked. He
]
should be compelled to come into court and
give bond for their petitions when the law
gives them the right to petition. The court
did not think it could compel the 81 petit
TONERS for viewers to give bond for exercis-
ing right almost as old as the Common
wealth itself He further stated that if the
road is not necessity, then someone must
pay costs. Also, that citizens have a right to
petition court for the appointment of viewers,
and it would be interfering with the rights
of citizens to compel them to give security
before the viewers are appointed, in order to
cover any damages that might arise.
As the court was not able to say whether
the road was a necessity, it would have to be
laid over until the court was possessed of
such knowledge otherwise it would seem
like hasty action to compel the petitioners to
furnish security.
+ The report of the viewers to view a new
county bridge in Ashland was approved by
the court, the viewers having reported thu
y bridge completed Us per contract.
The county treasury is so low, and take
are coming in so very slowly, that the Com
~ missioners have negotiated for another ten
= porary loan Of $1,000.
Judge Pershing sentenced George Verne
u on two indictments for roDbing boat house
), at Tumbling Run. On the first indictmen
c he was sentenced to pay fine Of 50, th'
II costs, restore the stolen property, or tn,
value thereof, and one years imprisonment
ON the second he must pay fine Of 81, th
costs, restore the stolen goods or the valu
thereof, and undergo one years imprison
ment Judge Pershing stated that if tn
e property was restored after proper applica
0 ton made, the sentence may be modified.
] la, L., Nl,al EGp
+ made a motion on behalf of NJ. J. Lawlo
n and John j. Cardin, both of Shenandoah
aud Jonathan l.. Jones and Philip Z. CoylC
both of Mahanoy City, praying court t
quash the petitions filed by citizens Of tn
10 above named boroughs, relative to the lille
c gality of their election as Justices Of tn
&c Peace. A. W. Schalck, Esq, for the pet
IS TONERS, said he had examined the papers an
p was willing to submit them without argu
is ment. The rule was made rcturnable o
O Monday next.
While working at the new extension to tn
Philadelphia aud Reading Company's office
on South Centre street yesterday, CharlC
u Hocpstinc, in descending a ladder, slippe
Id and fell thirty feet to the ground. He wa
Il badly bruised about the head and is suppose
IL to be injured internally. The young ma
as has been very unfortunate, having had h
a leg and hand broken within the past tW
Ia years. The injury to his hand has ju
healed.
The following officers have been elected fC
the ensuing year by the Sunday schO
IL committee of the First Presbyterian church
MS superintendent II. S. Thompson assistal
rd superintendent, A. w. Shealcr; superinten,
he cmt primary department, Miss Clarissa NJ
e., Cool; secretary, b. +. Troutman treasure
,- H. G.. McGuinness librarian, Charles
=, Downey; assistant librarians, John
Il Kanady, Thomas w. Mckee chorster,
oI W. Wourrath organist, Harry Iimmerma
IT. Misses Mary and Lizzie Beck, of town, a
&c visiting friends in Mahanoy City.
ed John l. Matthias, of Mahanoy City, was
VS. town last evening.
TO