The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1897-12-22
IN THE CRIMINAL COURT
wILLIAH GIgBI0E CONVICTED OF The
sYITH ROBBERY. GEORGE YoDER
GOES FREE.
Herman ]. shafsr's rribalstIons.

Lsst weeks criminal conrt continued il
session mp until Saturday noon. Oaly
four or five Of the siNty-five cases set fol-
trial were disposed Of The grand jury
set an example for future grand juries by
ignoring two or three indictments and
placing the costs upon the prosecutors,
where it appeared that the offense alleged
could not be established. Following is a
summary of tho weeks proceedings:
The case Of the Commonwealth VS.. vii
liam Gibbion and George Hoover. in
dicted for robbery on Information oi
Hannah Smith, was taken up at O'Clock
Thursday afternoon. This was regarded
as the m Dst important case on the calen
dar for December court, and considerable
interest was manifested, inasmuch as the
robbery Of the prosecutor and her vener-
able husband had been reported as an
unusually bold and strocious one. y
iurv was not selected until O'Clock
Thursday night, when court adjourned TO
meet at $50 o'clock Friday morning.
The prosecutor, Mrs. Smith, was the
first witness called. She testified that she
was in her s31 year and that her husband,
past 81 years Of aga. was unable to be
present in conrt on account of physical
infirinities. The witness is remarkably
well-preserved for a woman of such ad-
vanced age, and gave her testimony
clearly and distinctly. The evidence
she gave was substantially as fJilcws:
Ny husband and / live alone in Shade
townships; between and o'clock on
Sunday evening, October 2ith last, there
was knock at the door. We supposed
some neighbors had called and opened
the door Two men entered, both carried
clubs about two feet long, and wore
masks made of window blind material or
skirt lining, over the lower part of their
faces. They demanded money. 1 asked
where they were from, when one of the
robbers replied from hi" They light
ed the lamps and lantern belonging to
Mr.. Smith, aud pulled down the window
blinds. One of the robbers compelled
the old gentleman to go with him to the
summer house, where they searched for
money, finding about 81. After they
had ransacked every c-anuy in the house,
and torn up the beds and searched the
clothing Of the aged couple IN fruitless
search for money they cut rope from
the bedcO1d and threatened to hang the
old man if he did not tell where his mon
ey was concealed. One of the robbers
pat his hand on the old mans throat and
said ne thought maybe his necktie would
be strong enough to hang him with. The
old lady said that she was terribly eX-
cited but that she begged the robbers not
to harm her husband. One of the rascals
took a gold earring from her ear and
when she raised her hand. on account
Of the pain, he said don't slap me-"
After the thieves had helped themselves
to some pies aud drank some milk they
took gun, a razor, and a fsv trinkets,
and left the house threatening b return
and kill the aged couple if they told of
the robbery. Mrs. Smith said that she
got a good look at the face of the man
who guarded her while the other robber
and her husband were at the summer
house, and she pointed out Gibbion as
the man. She said she had seen Glib
bion once before, about year ago when
he was at their house. She thought the
other robbe- was George Yoder, judging g
from his size. She had known Noder
for number Of years. The robbers left
a dark lantern on the sitting room liable
when they departed. After the arrest of
Gibbion for the crime and he was brought
into Mrs. Smiths presence by Constable
Zimmerman she recognized him as one
Of the robbers.
Constable Zimmerman and a witness
named Hamer testified that when they
arrested George Yoder for the Smith
robbery he said IF it hadn't been for
Gibbion, the sofa D., l wouldn't
have been arrested"
A humber OF witnesses testified to
declarations they had heard Yoder make
to the effect that it was id poor
country if the people didn't help him
out Of his trouble"
Other witnesses testified as TO Yoder's
having said that he was penniless, while
still others declared that they had seen
him with a roll Of money after the Smith
robbery.
The prisoners testified in their own
defense. Both declared that they were
innocent of the crime charged. Yoder
said that he was at the home of his father
on the Sunday of the robber until about
dusk when he returned home together
with his wife and two children. A score
Of witnesses corrobOrated his statements
in regard to this. He also accounted for
the money he had, declaring that he got
most Of it from his father, and that ne had
sold watch and horse.
Gibbion testified that on the day of the
robbery he had gone to the home of one
Shaffer, near the top of the mountain, a
distance of seven miles in order TO return
a bag, in which he had carried some su
gar to George Yoder's, at whose house he
boarded, and that he got back home
few minutes after the Yoder's had re-
turned from spending Sunday at the
home of Yoders father. GibbiOn said
that George Yoder had sent him with
500 to Specht's Sprucet0wn store TO buy
a suit of clothes for Yoder, whose baby
had died and who wanted the clothes 10
wear to the funeral.
Several witnesses testified to having
seen GibbiOn on the day of the robbery
travelling in the direction he said he had
gone, and two witnesses, George YOder's
wife and another, testified that Mrs.
Smit, had described the robbers in their
presencs when she declared that one
was tall man with a mustache and side
whiskers, while the other was small and
had three teeth missing from his jaw.
While Mrs. Yoder was testifying Mrs.
Smith interrupted with that is not So"
Two witnesses for the defense ad pitted
that Mrs. Smith had told them that she
was afraid to tell who the robbers ware
for fear they would return and kill her.
All of the evidence was in at $40 O'Clock
Friday afternoon, and the case was given
TO the jury at 5:3l. AT $3.50 that night the
jury returned verdict finding Gibbion
guilty in manner AMI form As indicted,
and acquitting Yodsr.
Friday morning JUICE L5ng5necker
sentenced GibbiOn 70 the penitentiary for
a period Of three years aud six months
GibbiOn is thirty-twO years of age and
halls from Cambria county. He init
mated his guilt to Sheriff HArtzsll, but
declared emphaticAlly that he would not
give his ''pal'' away, preferriag to safer
alone.
The case of the Commonwealth vs..
Herman J. Shafer, charged with forgery,