Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1903-11-12
LEGAL NEWS.
NEW SUITS.

ture valued at $45.
Mrs. z. Stein VS. R. L. Brown, appeal
by defendant from judgment rendered
by J. H. Cochran, J. P. of Harrlsv1lle-
TRIAL LIST.
Judge W. d. Wallace of New Castle,
Judge Galbreath and panel of 56 jury
men started in Monday morning to dis
pose of list of 80 civil cases.
The case of l.. M. Covert. j. d.
Covert. ct al VS. the P. & W. Ely. Co
ejectment for acres of land between
Eidenau and Harmony was taken w
before Judge Galbreath and occupied
all Monday and part of Tuesday. The
case had been in court before, a verdict
being given at first trial for the plain
tiff.
On Tuesday the plaintiffs obtained a
verdict in ejectment for two acres on
which the Railway Co. has had itt
tracks for the past twenty years. The
Co. took its title from a Mr.. Winter,
and it was shown that although he was
in possession of the surface, CoyeIts hao
the legal title and were operating coal
mine under the land.
The case of Eliz Wiley, executrix and
John Wiley, admir-, VS. Rebeeca l..
Moore, issue awarded by the Court to
test the validity of will was taken
up before Judge Wallace and resulted
in a verdict for the plaintiff by which
the will was sustained.
The case of w. c. Fleming of Buffalo
twp. VS. NJ III. Thompson of Cherry
twp, assumpsit, the parties being un-
able to agree on settlement about
some lumber, resulted in a verdict OF
$3.50 for Fleming. By agreement the
verdict not to be entered for so days In
order to let Thompson have time to
look up a check for 800.
c. A. Craig of Mars obtained YER
dict of $54 against Culberson q Mckee
for a horn socket and some other oil
we'll appliances over which there was
dispute.
The cases of John w. Allen vs. w. II.
Long, assumpsit, and VIM. Barber vs
Butler county, trespass, were settled.
The case of Fryman vs. McClelland
and Hay, owners, and r. +. Grumbling,
contractor, assumpsit, was continued
The assumpsit suit of the Rodgers
Sand Co. vs. the Broadhead Construc-
tion Co. was tried before Judge Wal
lace. 1t was an action to recover for
379 tons of sand furnished. The defts
claimed they had only ordered 100 tons.
The case was settled after the evidence
for the plff. had been heard.
Tuesday the jury panel was exhaust
ed and Henry Whitmire,Z w. Phillips,
Henry Ellenberger, Ross McDermott,
Henry Martzsolf, ALFRED Morris. John
Bauer and John f. Lowry were drawn
as talesmen in Rodgers va Broadhead
The case of Sarah Forqner VS. kim
Hamilton for $42. yeaT's rent on
house and lot in Mario twp. Is On
trial.
The assumpsit suit Of the Craig Hard
ware Co. vs Culbertson aud Mckee was
settled
In the case of J. b. Dickey vs o. c.
Waters, assumpsit for commission for
selling farm, the jury this morning
returned verdict for the pif. for 1904.
A. L. Cooper VS. B. g. o. r. r. tres
pass-verdict for the plff. for 800 and
costs,
NOTES.
VIM. and Charles Kologoris plead
guilty to selling tobacco 20 boys under
16 years of age and were eacn fined $lt
and costs.
Lucinda Templeton WAS appointed
guardian of Edward G Black.
John Emrick, Thomas Scott and 9.
c. Pillow were appointed viewers on a
petition for new BRIDE over Thorn
creek in Jefferson twp.
r. l.. Graabe, Joshua T. Black and
r. A. White were appointed inspectors
on the Gilghrist run bridge in Marion
twp.
A Lawrence county Italian dropped
dead, last week, for joy when he was
released from Jail.
This is Court of Conscience, this
is a Court of Conscience" repeated a
Butler attorney to the Supreme Court,
lately. And one of the Justices remind
ed him that it was also Courtof Com
mon Sense.
In the case of Butler boro vs Miss
Ada Martin, regarding the Mercer st.
bridge, and the stone wall along the run
built by Miss Martin, Judge Thomas,
who heard the case has filed an opinion
in favor of the borough.
Three Italians were naturalized last
week.
T w. Brown, negro. is in Jail on a
charge of agg a&b for slicing Silver
Bill Hill with pen knife y: VIM.
Black stable, back of the Y M G.. A
building. Brown asked Hill for some
money which Hill owed him. He did
not get it and fight ensued.
Norman J. Boyer disappointed gnar-
dian of Harry. Raymond, Day ton. Mag
gle, Ardin and Minerva Boyer Rohrer.
The gist of that Superior Conrt deci
sion regarding the use of firearms by con.
stables and policemen, 10 that an Officer
is not bound to retreat when criminal
resists or attacks him. He la autnor,
lied to shoot the criminal if the ATTACK
puts him in danger of death or great
bodily harm. But he has not the Iighd
to shoot man who is merely running
away and in the case at bar a convic-
ticn for voluntary manslaughtec was
affirmed for shooting under such cir
cumstances.
The same law was gone over some
months ago in the case of the Butler
policeman who shot an escaping prison
or.
Abe Buzzard of Berks county j.
under arrest again-this time for steal
ing 5000 chickens
The Supreme Court of the state, OF
Monday last, appointed Col. A K. Nc
Clure Of Philadelphia. for many year.
editor of the Philadelphia Times. and
one of the best writers in the country
| to be Prothonofary OF the Supreme
| Court for the Eastern District. Th,
position is worth $4,000 q year, ant
| is said to have lost his fortune in Con
solidated Lake Superior" Speaker
Walton of the House was after the
place, but missed it.
| The Supreme Court, settling in Pitts
burg, filed a number opinions, Monday
but none in cases from this county. Tb
Thiel College case was argued, tina
day.
In the case of the Homewood People
bank against William r. Heckert al
action on note, the court declares tina
an oral agreement to extend the not
from time to time is not admissible t,
vary the effect of a written contract t
pay at fixed time.
In the estate of Sarah J. Ramsey o
Centre twp, Chas. G. Johnston bid ~,
005, and Martha J. Stevenson 81, ,450. sc
and the land was awarded to her b
the court
Pat1I Caualiar rlaad orniltxr 70 collin