Montour American. (Danville, Pa.) 1866-1920, 1901-09-26

O'Clock esrerday afternoon. Theiudge' 5
charge was clear and impartial, defining
the different degrees of homicide and
laying down the Law that had to govern
the verdict Unless il had been proven
that George Sommers and Miles Sassa-
man were impclIed by passion or malice
unless they were characterized by de-
pravity of heart and disposition Of mind
regardless Of social duty, even though
they may have caused the death of Wei
lington Hartman, he said, the defend
ants could not be found guilty of vol
untary manslaughter.
r. S. zimmerman for the defense went
to the jury about 10 o'clock yesterday
morning, occupying the time until noon.
Edward S. Gearhart for the Common
wealth addressed the jury in the. after
noon speaking nearly two hours.
Upon the announcement Of the YER
dict William Chrisman, attorney for de
fense, moved for an arrest of judgment
and a new trial, reasons to be flied with
in three weeks.
Both Sommers and Sassaman were un-
der $1,000 bail. In view of conviction
Judge Little stated that he would have
to demand additional bail. In the
case of Sassaman, who was recommend
ed to the mercy of the court, the Judge
was content to let the bond remain at
its former figure $1,000. Sommers' case
was different and the court asked that
he enter bail in $500, both men to APP
pear at December term of court
Mrs. Elizabeth Burke, who charged
with making threats, was the defend
ant in a case which was heard before
the court on Monday, was yesterday the
defendant in a case of assault and bat
terry, which was tried before a jury, the
prosecutor being Mary Jane Knorr, who
resides with William Meyers, the pros
ecutor in the surety of peace case on
Monday. The testimony of the two
cases reveals a state Of belIigerency be-
tween the two families, who are next
neighbors residing on Railroad street,
which keeps things pretty lively in that
part of town. Mrs. knorr, William Mey-
ers, Mrs Meyers and their boy Willie all
told how on August p the defendant as
Sauled Mrs. knorr as she was leaving
the well with bucket Of water. The
testimony agreed that Mrs. Burke seiz-
ed Mrs. Knorr, banged" her up against
Sarvey's house and then struck her with
stone, after which She >e.zcd one of
the boys of the Meyers family an! threw
him into the creek.
DR.. kimrrer who was called upOl to
treat Mrs. knorr for the injury sustain
ed at the hands of Mrs. Burke, also tes-
titled. There was a hrui~e, be said upon
Mrs. knorr's thish badly dIscplored,
which was alleged to have been caused
by the stone thrown by Mrs. Burke
Mrs. Burke, the defendant, when pac-
ed upon the stand gave altogether a diff
tSfffatf pGfGtayef ayeeFfat at 2t6 2t6t the sv affair fair She had
the well is located and notified William
Meyers and family that they would not
be permitted to get water there any
longer. They continued, however, TO
tres pass when she Mrs. Burke unable
to stand it longer had merely pushed" "
Mrs. Knorr off the premises. The only
stones thrown she said, were by the
boys of the Meyers family who accom-
panied their mother.
Mrs. Burke was followed by her son,
John Burke, who corroborated her testi-
mony.
The jury returned a verdict of guilty
in manner and form as indicted"
Mrs. Burke in both cases was defend
ed by Ralph Kisner, Esq, E. s. Gear
hart being associated with the District
Attorney.
The case of COmmOnw ealth W. James
Quinn was next disposed Of, The de-
fendant, who was charged with the lar
ceny of brass from the d. l.. < w. rail
road company, pleaded guilty.
Commonwealth VS.. Edward Splain was
on trial when court adjourned last even
ing. The defendant with his brother,
William Splain, was committed to jail
about two months ago to await trial for
the larceny of jewelry and other valu-
ables from the home of Sabna Clayton,
this city. William, it will be remember
ed got out of Jail, while Edward, who
had the same chance to escape, elected
TO remain and stand trial.