Montour American. (Danville, Pa.) 1866-1920, 1903-12-31
PROCEEDINGS
At COURT

Court convened at 10 O'Clock Tues
day morning President Judge r r.
Little along with Associates Dr. S. Y.
Thompson and Frankie. Blee occupi-
ed the bench.
The constables of the county made
their returns, none reporting any in
starces where the law was being vio-
lated
A. /. Heddens was appointed fore.
man of the Grand Jury, which i'm
mediatcly got down to work.
Philip Boyer Of Cooper township
was appointed tipstaff to wait upon
the Grand Jury and James Conley of
Danville, and Joseph Swank Of May
berry township, were appointed to
wait upon the Court
District Attorney Ralph Kisuer
moved that mol pros be entered In
the case OF Commonwealth VS.. Mary
Molinoski continuedEfrom the last term
Of Court. Mrs Molinoski, who was
tried for causing the death of Brake
man McElwee in throwing a chunk of
coal from P. e. r. train last sum
mer, was acquitted at last court She
| had been also indicted for larceny and
the case continued involved this charge
| To justify his motion the District
Attorney held that having been alb
! solved by the jury when tried for in
voluntary manslaughter. in the mere
fact of taking coal her case was just
as eXcusable under existing CirCum-
stances as was that Of the several
others arrested at the same time but in
whose cases suit was discontinued at
the instance of the prosecution. He ask
ed that a mol. pros. be allowed in the
case of Mrs Molinoski's husband for
! the same reason.
The District Attorney stated that
the object of the P & R railroad
company was to break up the practice
of stealing coal from now on rather
than TO prosecute those people who
helped themselves to coal from the
| cars during the miners strike. The
P. & r. railroad company, however,
! he said, wishes the fact emphasized
that henceforth no clemency will be
| exercised, but that those who trespass
upon the company grounds will be
obliged to pay the full penalty. For
himself, the District Attorney ex-
planned, no more scare cases" will
be tolerated but that when a case
hereafter Is brought to Court il will
have to 60 through regardless of the
| c consequences to the defendant.
Judge Little decided to allow the
mol. pros, both in the case of Mrs.
MoIinos and her husband He ap-
Uruu, 1iUwerer. lie COuIu srr, rrv
no excuse for stealing coal. If per
son were driven to such an extremity
there was less disgrace in asking the
poor authorities for assistance than in
pilfering coal
Tie opening session brought a not
able array OF legal talent into court
representing several counties. Fore,
most among the number was Congress
man Irving P Wanger of Montgomery
county. Others present III addition
to the members of the local bar were
Hon. W. H. Hackenberg, OF Milton
J. Simpson Kline and Simon p. VOL
verton, Jr., of Sunbury; Elmer Derr,
of Turbotville; w. G. Johnston, OF
Bloomsbury and J. L. Howell, OF Al
media The most of the above attor-
news were interested III what Mr..
Wanger in addressing the Court de-
scribed as a very unusual case, that
of Levi Smith, involving among other
things an application for trustee.
Smith, who was present in Court, Is
| feeble minded man residing near Potts
| town for whom $4,000 had been left III
trust by his father The trustee to
! whom the money was committed was
a resident of this county. but IS now
deceased, and his estate settled mp, the
auditors report having been confirm
ed absolutely by our court. Mr.. Wang
er alleges that justice has not been
done his client, the beneficiary, Lew
smith w H. Hackenberg, J. Simp-
son Kline and others were present at
court to answer the charge Hon. II.
NJ. Hincklev is associated with Mr.
Wanger
The first case disposed of by the
Grand Jury was that of Common
wealth VS.. Alice Hickey. The bill was
ignored and the costs placed upon the
prosecutrix. Lizzie 'Brlen.
Court convened Tuesday morning
at 9 30 O'Clock with President Judge
r. r. Little and Associates Thompson
and Blee on the.bench
The first case brought up was that
of Commonwealth vs. Anthony Diehl,
in which the charge was maintaining
public nuisance The defendant is
the supervisor OF Mahoning township
and his Indictment grew out OF his
Ialleged neglect in not keeping the rlv-
er road open to travel. James Scarlet
/
quash the Indictment. He based his
argument upon the fact that the act
of Assembly calls for two Supervisors
of Mahoning township, whereas the
Indictment was drawn up against but
one. The fact, it seems, is that Of the
two Supervisors elected Diehl was the
only one sworn into Office. This fact,
however, did not validate the indict-
meut in the opinion of the Court and
Mr.. ScarIets motion to quash was
sustained.
The first case which went to trial
was that of Commonwealth VS. Rich
| ard Mccormick The charge was as
sault and battery, the prosecutor be