Danville intelligencer. [volume] (Danville, Pa.) 1859-1907, 1905-03-03
FEBRUARY TERM
OF COURT

Montour county Court for the Feb
ru ary term convened at 10 O'Clock
Monday morning. President Judge and
Associates Thompson and Blee occupi-
ed the bench. 1t required only brief
hour to transact what business proper.
Iy came up yesterday and at II O'Clock
court adjourned until 10 O'Clock this
morning, when the petit jurors will
appear and the trial Of cases will be.
gin.
The Grand jurors began their duties
Monday morning. They all respond
ed when their names were called with
the exception or James Watts of Derry
township, who was detained, but who
arrived before the hour OF noon. Will
lam vastine and P. 8. Pealing were
excused by the court from serving on
the Grand jury. James W. Lowrie was
sworn in as foreman.
David Steffin was sppointed tipstaff
to wait upon the Grand Jury. Amos
Albeck and Jacob Welliver we're ap-
pointed tipstaffs to wait upon the
court.
The following constables presented
their returns: amos Albeok. Anthony
township; Philip Berger. Cooper town
ship; D. M. Steffiu. Derry township /;
Andrew Billmeyer, Liberty township ;
Charles Gouger, Limestone township:
Peter Mottern, Mahoning township !;
Joseph Swank, Mayberry township
George Bennett, Valley township /;
Jacob Welliver, West Hemlock town.
ship; W. e. Young. First Ward. Dan.
Vile; Elijah Morgan, Second Ward !;
B. B. Brown, Third Ward James Con.
molly. Fourth Ward; Mcclellan Diehl.
Washingtonville Borough. None Of
the constables reported any violations
of law or anything that required the
attention of court.
Although court adjourned at IL
O'Clock the grand jury remained in
session during the day aud will no
doubt have passed upon one or more
of the important bills before it by the
time court is ready to proceed with
the trial of cases today. Among the
bills to be submitted to the Grand
Jury this term are those relating to
the two cases of aggravated assault
and battery with intent to kill which
have grown out of the shooting atfray
on Friday night. The case of Caroline
Fillinger, who is charged with con-
oealing the body of her babe, will also
come up along with couple Of larceny
cases relating to the stealing OF chick
ems.
TUESDAYS SESSION.
Court convened yesterday morning
with President Judge r. r. Little and
Associates Thompson and Blee on the
bench.
Frank Cromis. Jesse b. Cleaver,
Michael Breokbill, Daniel Diehl and
]. W. Farnsworth, traverse jurors, we're
excused from serving at the present
term Of court.
The first case attached was that of
Commonwealth VS.. Caroline Fillinger,
the charge being concealing the death
of her illegitimate child.
william Kase West, who represent
ed the county. explained all the cir
oumstances to the court. The woman,
he said, was not considered mentally
responsible and he thought that the
ends of justice would be served if
mol. pros. we're entered and the de-
fendant turned over to the Poor Board
who were willing to receive her.
District Attorney Kisner explained
that it was not the intention to press
for a conviction, but he thought that
some testimony ought to be heard as
to the woman's mental condition and
il it could be established that she is
mentally irresponsible it would be
asked that she be placed in some char
liable institution.
W. Kase West moved that the indict-
ment be quashed, as in it no crime was
charged against the defendant.
The Court explained that while to
conceal birth might not be a crime
yet to conceal death is crime un-
der the statute of the state and he
thought that in order to bring ont the
facts the case had better 60 to q
Jury when If the evidence justified it
a verdict of not guilty could be di-
reoted.
A Jury was accordingly called, @.
P. Gearhart. ESQ.,, being appointed to
look after the interest of the defend.
ant.
Chief. OF Police Mincemoyer. P. !.
Keefer, DR.. Wintersteen and DR.. S. Y.
Thompson were examined as witnesses.
The testimony brought out the whole
array of unsavory facts. with which
the people of Danville and vicinity are
by this tiuie quite, familiar. Without
exception the witnesses stated that in
their opinion the defendant was not
in any degree mentally responsible.
The defense offered no testimony.
The Court in the charge explained to
the Jury that the offense charged is one
that carried with it term Of i'm
prisonment not exceeding three years
with labor. In the present case, how
ever. the evidence was overwhelming
to show that the defendant was not
criminally responsible and he there
fore recommended that a verdict be
rendered in accordance with the testi-
mony. which was plainly to the effect
that the defendant was insane and q
degenerate from her birth.
| The Jury retired and after half an
hour returned with verdict of not
guilty, acquiiting the defendant on
the ground Of insanity. -s
The next case attached was Com
mon wealth VS., Edward Keefer and
Herbert Keefer. IN which the charge