The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1900-06-06
CRIMINAL COURT.
Costs Placed on Parties Interested Instead
Of County.

Although fifty cases were calendared
for trial at May term Of criminal court,
ali were disposed OF in time for Judge
Longenecker to take the 10 O'Clock Fri
day morning train for Bedford.
The case of the Commonwealth VS. Cy-
rus Hemminger, to which brief refer
ence was made last week, was decided
Wednesday morning, when the jury re-
turned verdict OF not guilty and placed
the costs upon the prosecutor, William
w. Young. Hemminger was the sur
viving executor of David Phillippi. de-
ceased. Among the receipts filed by him
upon final settlement Of the trust were
three bearing what purported 70 be the
signature of Mrs. Sarah Young, wife of
the prosecutor. whose daughters had kept
house at intervals for the widow of Mr..
Phillippi. Mrs. Young acknowledged
on the witness stand that the signature to
a receipt for $3.50 was genuine, but
claimed that the figures had been chang
ed from SIS 90 TO S25 so, and alleged that
the other two signatures were forgeries.
k<0bihO0 Ahot WIS.,
Young had signed all of the receipts In
question, but admitted that after writing
the receipt for $3.50 be discovered that
his wife had paid $1,000 20 one OF the
Young girls Tor services rendered the
Phillippi estate. and had changed the
Mrs. Young had signed her name TO it.
Experts on handwriting testified in be-
half of the defendant, and large number
of witnesses bore evidence to FIemming-
er's good character. The case excited
more than the usual amount Of interest.
owing 10 the prominence of the parties
concerned on both sides.
James d. Blouch, robber, who held
up William Jones, who appeared as pros
ecatOr, in freight car at lockwood, con-
cluded 10 enter plea of guilty AFTER sew
eral witnesses had been examined and
ineriminated him. He was sentenced to
pay the costs ofprosecution and to under
go three years confinement in the West
ern Penitentiary. Blouch was taken 10
the pen by Sheriff Saylor Friday, and on
the way down admitted TO the Sheriff
that he had "done time'' before.
The grand jury ignored the bill against
Fred Smith, Sr., and Fred Smith. Jr.,
charged with assault and battery, on in
formation of George Shaffer, and placed
the costs on the prosecutor.
The indictment against Cyrus Coleman,
charged with defrauding a boarding
house keeper, on information of Susan
Hoyle, was ignored by the grand jury
and the costs placed upon Susan.
James Diamond entered a plea of
guilty of robtdng Mrs. Mary Dulricht, of
Scalp Level, notice of which was made
last week, and was sentenced to the Re-
form SchooI at Morganza.
J A. Berkey, Esq appeared as prose-
cutor in a case charging assault and bat
terry against John f. Snyder, a we'll
known plasterer and Spanish war vet
eran of this place. From the evidence
sdduced it appeared that Snyder had
done job of patching for Attorney Ber-
key in tenement house. and that when
be presented bill for his services and
the material used-$2 50-Berkey de-
clared the amount excessive and refused
TO pay il, unless compelled to do so by
process of law. Snyder testified that he
had submitted a proposition to Berkey
wherein he agreed TO let the matter Of his
charge 10 any other plasterer in town.
THIS proposition was made in the Office
of the County Treasurer one morning
early in last April, and when Berkey
failed to agree to name an umpire. Snyder
accompanied him to the Office Of Koontz
& Ogle, TO the postoffice, and from there
to the top of the stairs leading to Berkey's
office, at which point, be testified, Berkey
kicked him on the shins and attempted
to push him down the stairway. where
upon Snyder struck him blow on the
nose, causing the blood to flow freely.
Berksy did not controvert any Of the
statements made by Snyder, except ~ to
what occurred at the top the stairs.
F. J. Kooser, Esq, conducted the case
for Berkey, and A.. C. Holbert, Esq,
looked after Snyder's interests. The trial
consumed a day and half, the jury re-
firing at o'clock Thursday afternoon
and remaining ont until S O'Clock that
evening, when they returned a verdict OF
not guilty and divided the costs between
the prosecutor and defendant. The an
nounceinent of the verdict was applsuded
by the crowd in the courtroom.
Thursday morning motion was filed
with the Court asking that the verdict be
set asise 50 far as the costs placed upon
the prosecutor were concerned, and pray
ing for ten days time in which to file the
reasons therefor. In case this is done,
one half of the costs will have to be borne
by the county.
Mrs. Frank Napoleon, at whose speak
easy in Windber five men were murder
cd on Easter Sunday night, entered a
plea Of guilty to charges of selling liquor
without license aud on Sunday. The
Court sentenced her to pay the costs Of
prosecution. a fine of $500. and 10 undergo
three months Imprisonment in the county
Jail on the charge OF selling liquor with
out license, and on the Sunday charge
imposed fine OF $50 aud the costs of
prosecution. Mrs. Napoleon is the mother
of four children, the youngest one, about
a year old, being with her in the county
Jail.