Montour American. (Danville, Pa.) 1866-1920, 1905-11-16
OfaII Kinds and Description

hshplates two of the m ost eloquent
addresses were made that have been
heard in the Court House for many
days.
! The Court charged the jury and the
latter retired shortly after 3 O'Clock.
Joseph Gusack, boy nineteen years
OF age, accused Of stealing coke from
the Reading Iron Works, pleaded guilty
to the charge. Sentence was suspend.
ed, the boy, who can neither read DOR
write, being plainly an object of much
sympathy. Before discharging the
boy Judge Staples gave him some very
good advice, urgirg him to try to learn
to read and write to the end that he
may become a useful member of 90.
ciety.
TUESDAYS S PROCEEDINGS.
The term of Court, which all thought
would occupy the entire week, is praos
tlcally over. When Court conyenes
at O'Clock this morning. it will be
merely to receive the verdict of the
jury in the case of Commonwealth Va.
Elmer Halderman. which was still out
on adjournment last evening and te
transact some other business carried
over from yesterday. At half past 4
O'Clock yesterday when the last case
went on trial the Court discharged all
the jurors except shose engaged. The
civil cases have all been continued.
This has been rendered necessary,
Judge Staples explaining, by reason Of
the fact that William Kase West, ESQ.,,
who Is interested in all the civil cases
except one, is confined to his home by
illness with no prospect of being able
to attend Court during the present
week
Court convened Tuesday morning
at O'Clock and business moved on at
the same rapid pace that characterized
Mondays proceedings. The two juries
which retired on Monday were each
ready with verdict.
In the case of Commonwealth Va.
Francis Woll verdict Of guilty ON
the second count was returned, but
the defendant was recommended to the
mercy of the court. Iu the above case
motion for arrest in Judgment aud n
new trial was granted returnable at
the next term of Court.
In the case OF the Commonwealth
VS.. John Seitz and Ralph Hahn, the
jury found John Seitz guilty on the
third count of the indictment, which
related to furnishing instruments to
prisoners fer the purpose of aiding
them to escape. Ralph Hahn was &C.
quilted.
In the case Of Seitz the Cours pro-
nounced the following sentence That
John Seitz pay the costs OF prosecu-
tioS in the case, a fine of ten dollars
to the Commonwealth of Pennsyl-
vania, for the use of the county Of
Montour and that he undergo imprison
ment in the Eastern PuLitentiaIy In
the City of Philadelphia at separate
and solitary confinement at labor for
period of two years to be computed
from yesterday aud to stand commit
ted until the sentence is complied
with.
The indictment against John Sees.
in which the charge was murder. was
quashed on motion of Edward V. Am
eImau, attorney for Sees. Mr.. Am
erman contandei that the indictments
was illegal in that Mrs Sees, wife Of
the defendant, had been permitted to
testify before the grand jury and that
in the eyes of the law the wife in such
cases proves an incompetent witness.
The District Attorney resisted the
motion, explaining that the wife had
been called to testify before the Grand
jury contrary to his counsel and that
he had prepared second bill In which
the wifes testimony was eliminated
aud which the grand jury the Same
week returned as true bill. The first
indictment the District Attorney ask
ed the Court to quash.
The Court took the view that inaa.
much as the second Indictment was re-
turned by the same grand jury as the
first, that if one was irregularly OBJ
tanned (Which seemed to be admitted)
th3 other also was, as the impression
made upon the minds of the Grand
Jurors by the wife's testimony when
the first bill was presented necessarily
fingered and had its effect when the
second bill was acted upon. The Court
therefore, granted Mr.. Amerman's
motion and declared the indictment
quashed. An order, however, was made
by the Court holding John Sees In
custody until the District Attorney
has an opportunity to present another
Indictment.
David Barrett, who with Elmer
Halderman was indicted Tor assauIt
and battery with intent to rob and as
sault and battery with intent to kill.
committed at ". H. n. Walkers no.
tel on the Bird of July last, pleaded
guilty. The case therefore went
on trial with Halderman alone az de-
fendant. He was represented by Thorn
as @. Welsh, Esq.
All the circumstances attending this
case have been fully aired in these
colutnns The task that devolved up.
on the Commonwealth was to establish
the identity Of Bsrrett's aooomplice
on the night of the attack as Elmer
Halderman, the defendant. The fol-
lowing witnesses were called by the
| Common wealth: W. II. N. Walker,
Richard Mccormick, Clarence Ephlin,