The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1903-05-14

asked for a continuance, owing to
the absence OF principal witness.
John Huber, who was stricken with
sickness, and unable to appear.
Plaintiffs counsel objected to con.
tinuance and agreed to take Mr..
Huber's affidavit of information as
evidence, and the Court SO ruled. Mr..
Huber's sworn affidavit follows:
COLUMBIA COUNTY, ss:
John Huber, one of the Super
visots of Catawissa township, and de-
fendant in the above case, being duly
sworn according to law, deposes and
says that the said township has full,
just and true legal defense against the
whole of the plaintiffs claim, of the
following nature and character, to
wit: That at the time the suit in
equity TO September term, 1894, was
instituted by the SAID John Huber
and other plaintiffs in the said bill in
equity, of the one part, and said T. J..
Vanderslice, of the other part, that
the costs of the said suit, as well as
the professional services rendered by
said T. J. Vanderslice, or any other
attorney that might be employed In
said suit, should not be borne by the
said township, defendant to this case,
but that all professional services rem
dered in said suit to be free Of charge,
and not to cost the said township one
cent.
That at the time the suit was in
stituted it was agreed to, between
said John Huber and said T. ]. Van
derslce, that the said Supervisors, OF
said township, should be made parties
plaintiff in said suit, for effect only,
in order that preliminary injunction
against said defendant railway com
pany could be obtained, and that no
part OF the costs, expenses, or attor-
ney fees, in connection to that case,
should be borne by said township, nor
should the said township be held liza
BILE for any portion of the same.
That, therefore, the said township
is not liable for the amount claimed
in the plaintiffs statement due for
professional services rendered in con.
necton with the said case, as recited
in the plaintiffs statement. All o.
which he believes to be true and able
to prove on the trial of this cause.
Properly sworn to, subscribed and
signed by JOHN HUBER.
Mr.. Chrisman again asked for a
continuance, but it was objected to,
and Judge Lynch suggested to Mr.
Chrisman that he address the jury
and use the evidence of the absen,
witnesses as though they had been in
attendance. This was agreeable to
the opposition, and it was so ruled.
After the argument and a brief
charge by the Judge, in which he
cited the law of 1896 relative to the
duty and responsibility of township
supervisors, the jury retired.
They ret ,rned in a short time with
a verdict for the plaintiff for the full
amount.
In response 10 three petitions for
roads In Orange township, the frs,
extending from the residence of John
Frlck to bridge near residence of P
d. Black, Boyd Trescott, Fri Ikelel
and Harmon Mordan were appointed
viewers. Second extending from neal
residence of Ella Hortman to neal
barn of Archibald Patterson, same
viewers appointed, and also in the
third proposed road to extend from
the dividing line between propertie:
of S. Robbins and E. L. Appleman te
barn of Abram Dildine. Same view
ers appointed.
Boyd Trescott, J. M. Ikeler anc
Joel Travelpiece were appointed
viewers in response to a petition fol
a bridge over Little Fishing Greek
near +. Shoemaker's barn.
Petition for road leading from
residence of M H. Petty, in Briar
creek township. to north line of th'
borough Of Berwick, near J. p
Freas' former residence. Samue
Neyhard, Joseph Weiss and JohI
Englehart appointed viewers.
Petition for road in Locust town
ship, near J. c. Kester's. Johl
Brofee, J. X. Sharpless and William
B. Houck appointed viewers.
S. J. Pealer, Levi Fester ant
Elisha Ringrose were appointe'
viewers for public road in Briar
creek township, near land of Viii
liam Mack.
Petition for viewers for pu bli
| road in Madison township nea
Daniel Laidecker's. ]. B. Kester
H. J. Demott and Boyd Trescot
were appointed viewers.
Petition for bridge viewers 70
bridge over Chillisquaqne Creek il
Madison township near j. M. Cir
4