Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1905-12-21

ed to be due for making a sale of {
building to ]. V. Ritts on Oct. 30. 1901
TRIAL LIST
The list for Civil Court commencing
| Monday. Jan. s, is az follows:
Jan. 8. D. Lambert VS. W. J. Black
and Thos Murphy; G. Horwitz Us a, h
Cohn; D. West VS. John Long; I. 4
Caldwell VS. South Penn Oil Co; D.
Overheim VS. Schoentag ct al
Jan. g. L. Kelly vs. Mrs. Nj. Hogg
q. A Stauffer, receiver, vs. c. d
! Greenlee: s. A. Thompson VS. a. Il.
Thompson; Keller, Loomis & Co. v:
Mrs C. Greenlee
Jan. 10. Black & Baird VS. Erie Goa
& Coke Co.; Buhl heirs VS. P. & W. R.
R.; Montgomery Co. VS. Mrs. c, Green
| lee: II. w. Roenigk VS. G. L. Cabot
Jan. II. Mary Cubbison VS. Book and
| Albert; California Perfume Co. VS. w
Fl. Sloan; Franklin Trust Co. VS. A. j.
White; F. W. Renno VS. P. r. r. Co.
Jan. II. Jos Ash VS. MI Transit Co
Home Real Estate Co. VS. Park heirs
| McClelland heirs We MI Transit Co.
Bosworth & Hammer VS. W. Kavanaugh
| Co.
Jan. Is. W. E. Burkett VS. South
Penn Oil Co.. MI Cash Register Co. yf
VIM. Kirkpatrick; E Urban vs Bntler
Passenger Ry Co.; Butler Co. VS. j. Nj,
Maxwell
Jan. 16. D. A. McIlwain We Evans
CITY Coal Co.. s. Haller vs r Gregg
Anna Wilkes VS. B. r. & p. R r. Co.
r L. Stroup VS. South Penn Oil Co 5.
A. Ziegler VS. Fl. c. Critchlow.
Jan. II L. S. McJunkin VS. Eunice c.
Byerly. admx A r.. Mcdowell vs. T.
f. McCool; w. A. Maines VS. P z. Nc
Cool; Pease Piano Co. vs. T. Morrow.
Jan. Is. Pgh Pump Co. VS. Craig,
Kennedy Hardware Co; W. S. Foltz vs.
Butler borough School District; Walter
Winner vs Western Allegheny r. Z. Co
". B. Packard VS. z. f. McCool.
Jan. 10. The Index Co. vs. Kearfott,
Lindsey and Hosford; J. Balfour VS. ;.
Balfour heirs.
NOTES.
A plea Of nolle pros was entered n
the surety of the peace ease against
Samuel Falkner Of Winfield twp. Ia
which Godfrey Wilkewitz was prose
cutor
Joseph Eskovitz of Playground Ave,
tried last week for selling liquor with
out license, was acquitted, but ordered
to pay the costs.
Conrad Miller of Lancaster twp. was
tried last Thursday on charge OF furn-
ishing liquor without license and 10 a
man OF known Incorporate habits. Mrs-
Isaac L. Rice, the complainant. swore
that her husband bought hard cider
from Miller Miller's defense was that
Rice kept a barrel Of cider in Miller
cellar. The jury returned verdict OF
not guilty, but pay the costs.
On the allegations thai no notice OF
the time of view was given, that the
viewers did not meet on the day ap-
pointed, and other irregularities, the
report of viewers on the opening and
widening of Water ST., Evans City, was
set aside, and George G. Pillow, E. E.
Abrams and Frank Mitchell were APP
pointed to make review.
A jury was drawn, Saturday morn.
ing, for trial of the ejectment case OF
W. A. Slaugenhaupt vs j. s. Byers for
] five acres of land in Fairview twp, and
the case was held over until yesterday.
A new trial has been moved for in
the case of Samuel Bleiweis, convicted
Of selling liquor without license.
Processes were issued for James Wat
son and Howard Mortimer, witnesses
for the Commonwealth VS. M. l.. Ros-
ner.
A ten million dollar, first consolidated
refunding IN ortgage given by the Ma,
honing and Shenango Railway and
Light Co. to the New York Trust Co.,
to secure an issue Of per cent mort
gage bonds, was placed On record Sat
urday. The mortgage covers property
| in number of counties.
In the equity proceedings OF John
NJ Bursner vs the National Liquid 1as
Co, J. A. Frauenheim, Emil Swensan,
8. s. Robertson, w. Lynn and others,
directors. a temporary injunction was
granted, Saturday. to restrain the de-
PENDANTS from disrhantling the factory
at Zelienople and removing the machin-
ery TO the state Of Ohio. Several weeks
ago Bursner, who had been deposed "a
manager, commenced the proceeding
asking for a receiver. Hearing on the
matter was fixed for Dec. 16. Saturday
morning it WAS stated that since the
suit was commenced the defendants
| had held meeting and sold the factory
and stock TO Martin Heyl Of Zelienople
for $27.00 Bursner was at the meet
| ing and filed written protest. Attor-
ney Wilson stated that the sale was
| fraudulent and made TO defraud Burns
ner ont OF his share Of the property. he
having ~, 800 worth Of stock; that Heyl
never had and never expected to have
| x27, 900; that the defendants had large
force of men at work tearing out ma
chinery and taking it out OF the Juris-
| diction Of the Court, despite the pro
| ceedings already commenced.
After a spirited hearing before Judge
| Galbreath, Monday, the case was con-
| tinued until Jan. 2, Bursner testified
| that the real estate in Zelienople, build
| ings and machinery cost In the neigh
hood of $25, 900, and 5000 steel drums, in
which to confne and ship the carbonic
| gas, cost $50, 200. He claimed certih-
Gates for his share Of the stock were
| never issued to him; that he was inter.
| fered with in the management, and
| that part of the drums were shipped 10
| Ohio. and the balance of the property
sold.fraudulently to Martin Heyl. The
defendants claimed that the concern
lost money; that they lost nearly all they
put In il; that the sale to Heyl war
| within $4,000 Of Bursner's own estimate
on the property, and showed Mr. HeyIt
| certified check for $27, 900
Patrick and Jeremiah Ahern, former
" Of Ireland, are brothers, reside IN
Venango county and own lease anc
wells in Allegheny twp, this county,
Patrick owning 18th and Jeremiah
| 18th. Patrick Ii small and jeremiah II
comparatively smaller jeremiah o
year or two ago went ~ New Orleans,
and came home with the malaria, which
made him nervous and he had to be
confined In an asylum three or foar
months He came home and went out
on the lease, Patrick was there TOO, and
also theii pumper. Jeremiah got up IN
the morning and, 10 show that he wa
one Of the bosses, turned oil tho gai
from the gas engine operating the we'll
Patrick got up, and seeing the engins
stopped turLed on the gas, as he did 30
jeremiah jumped on him, slugged him
on the mouth and scratched his face
Patrick had Jeremiah arrested for a&f
In Butler county, and brought equity
proceedings in Venango county TO have
their property partitioned. The aifaii
was reviewed In court last Thursday
and the jury found jeremiah not guilty
put one.third OF the cost on him anc
two-thirds on Patrick.
/ g. +. l.. McQuistion, Henry Gree
and John Bricker were appointed view
ers on petition Of citizens OF Winfield
twp. for u change in the Winfield Fur