Danville intelligencer. [volume] (Danville, Pa.) 1859-1907, 1905-11-17
COURT
PROCEEDINGS

IH6 COuTb T1Ouse JUL rang az
o'clock Monday morning. The trav
erse jurors were on hand and the trial
of cases was Immediately taken up.
Judge Staples keeps things moving
and Mondays session was probably
an object lesson to some revealing how
time can be saved and business faGil.
itated. In beginning the court an.
Dounced that every juror and every
witness who is not present when call
I'd will be fined his or her days pay.
The attorneys were also notified that
they are expected to be on hand when
needed and not to keep the court wait
ing while they attend to other busi-
ness. As a result of all this by noon
the second case was on, the sentence
following conviction in the first case
was imposed and other business was
disposed of.
The first case attached was that of
Commonwealth VS.. William Myers, Sr. +,
William Myers, Jr. Anna Myers aud
Thomas James. This was cross &C.
tiou involving the charge of assault
an / battery the other party to the
contention being Edward Burk. son of
Patrick Burk. By agreement of coun-
sci the above cases were submitted to
one jury, the verdict to be the same
as if each case was tried separately.
H. NJ. Hinckley and Thomas O. Welsh
appeared for Burk and E. s. Gearhart
as private counsel was associated with
the district attorney.
The affair oat of which the case
grew took place on last New Years
eve. Mrs. William Myers, her son
William aud her father, Thomas James
we're walking up Bloom street. When
opposite the Grove Church William
Myers. Jr.. in celebration of New
Year discharged his pistol loaded with
blank cartridge. Myers and his
mother allege that the pistol was dis
Burk, who was passing, swora that it
was fired at his feet and that at the
same time the remark was made:
"Shoot at that thing" Passing on
for some distance he returned and ask
ed young Myers what he had said. 1t
was here the trouble began. Mrs.
Myers oorroborated by her son and her
father, testified that Burk choked her
and her father. Burk declared that
the revolver was held in front of his
face. and denied the choking. Later
Mrs. Myers. her son and her father
wers Joined by William Myers. Sr.,
and proceeding to their home ON Rail
road street east of the Borough accord
ing to their testimony they we're met
by Burk. who renewed the alteration,
striking Thomas James over the head
with pale or picket, which he tore
from the fence knocking James down;
Burk also, it was alleged, struck Will
liam Myers over the head twice. where
upon the two men clinohed and fell to
the ground. where they were parted by
Patrick Burk. who emerged from his
house, which is adjoining or near the
Myers home. The pale broken in two
by the force of the blow was produced
in Court as evidence.
Burk in defense declared that it was
only by coincidence that he reached
home just as William Myers and wife,
son and father. law arrived; that
he found them standing there waiting
fp hi m tho VI ifh thair pff
which Mrs. Myers was holding. Burk
swore that the Myers contingent them
selves opened the quarrel, striking
him over the head with the pale, after
which they dumped him"
The witnesses were Annie Myers,
Thomas James, William Myers. ST..
and William Myers. il.
Edward Burk himself was placed on
the stand. Other witnesses who testiti-
ed in his behalf were Catherine
Burk. Catherine Mcdonald, and Pat.
rick Burk.
The case occupied but little over an
hour aud a half. Hon. II. M. Hinok-
ley and r. s. Gearhart, who went to
the jury for their respective sides.
we're restricted to Is minutes. The
whole case largely resolved itself into
question of veracity among the wit.
nesses and the charge of the Court was
brief and to the point. The jury re-
tired about IL O'Clock.
ha oI ofn 4
O'Clock. Ewdard Burk was found
guilty of assault and battery on Thorn
as James and Annie Myers. In the
case of the Commonwealth vs. Will
liam Myers, ST., William Myers. Jr.,
Annie Myers and Thomas James the
jury found in each case the defendants
not guilty, placing the costs upon the
prosecutor, Patrick Burk.
Edward Burk was called before the
bar and spprised of the jury's verdict.
Tho sentence Of the COURT was that
Burk for each case in which he was
found guilty pay the costs of prosecu-
tion, fine of ten dollars or to give
security for the payment of the same
within ten days and to stand commit
ted until the sentence is complied
with.
William Bingham, who pleaded
guilty to charge of larceny, was call
I'd before the Court. In reply to
question from Judge Staples he said
he was 80 years of age. Sentence was
suspended until further order of Court,
Bingham being given until next term
to pay costs.
The case of John Seitz and Ralph
Hahn wss taken up shortly after IL
O'Clock. The charge was one of as
sisting prisoners to break jail. Our
RAIDERS are oeneraIlv prettv familiar