Montour American. (Danville, Pa.) 1866-1920, 1905-11-16
COURT
PROCEEDINGS

The Court House bell rang at
o'clock Monday morning The tIav.
erse Jurors were on hand aud the trial
of cases was Immediately taken up.
Judge Staples keeps things movjn2
! and Mondays session was probably
an object lesson to some revealing how
time can be saved and business facil-
itate6. In beginning th6 court an
nounced that every juror aud every
witness who is not present when call
Cd W ill be fined his or her day ; pay.
The attorneys were also notified that
they are expected to be on hand when
, needed and not to keep the court walt
ing while they attend to other bust
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. j.,
William Myers, Jr., Anna Myers aud
Thomas james. This was a cross &C
tion involving the charge of assault
and battery the other party to the
contention being Edward Burk, son Of
PATRICK Burk. By agreement of cOuu-
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 G. Welsh
appeared for Burk and E. 5. Gearhart
as private counsel was associated with
the district attorney
The affair out of which the case
grew took place on last New Years
eve Mrs. William Myers, her son
William aud her father, Thomas James
were walking up Bloom street. When
opposite the Grove Church William
Myers. JT., in celebration Of New
Year discharged his pistol loaded with
a blank cartridge. Myers and his
mother allege that the pistol was dis
charged into the gutter but Edward
Burk, who was passing, swora that 1t
was fired at his feet and that at the
same time the remark was made:
"Shout 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. Mr..
Myers corroborated 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
were Joined by William Myers, Sr.,
and proceeding to their home on Rail
road street east of the Borough accord
ing to their testimony they were 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 clinched 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 evi idence.
Burk in defense declared that it was
only by coincidence that he reached
home just as William Myers ard wife,
son and father.iulaw arrived; that
he found them standing there waiting
for him. the men with their coats off,
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 Jumped him"
The witnesses were Annie Myers,
Thomas James, William Myers, Sr.,
and William Myers. il.
Edward Burk himself was placed on
the stand Other witnesses who testit-
ed in his behalf we're: Catherine
Burk. Catherine Mcdonald, and Pat
rick Rurk
me case occupied but little over an
hour and half Hon. Fl. NJ. Hinck-
lev and Il. s. Gcarhart, who vent to
the jury for thei, respective sides,
we're restricted tn Is minuteS. The
whole case largely resolved itself into
a question of veracity among the wit
nesses and the charge of the Court was
brief and to the point. The jury re-
tired about II o'clock.
The twelve men retnrned at 40
O'Clock. Ewdard Rurk was found
guilty of assault and battery on Thom-
as James and Annie Myers. In the
case of the Commonwealth VS.. Will
liam Myers, Sr, William Myers. Jr. {,
Annie Myers aud 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 apprised of the jury verdict.
The sentence OF the COURT was that
Burk for each case in which he was
found guilty pay the costs of prosecu-
ton, fine of tea 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 a charge of larceny, was call.
ed before the Court In reply 10 a
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 tern
to pay costs.
The case Of John Seitz and Ralpl