Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1906-01-25
LEGAL NEWS.
NEW SUITS.

NEW SUITS.
Jas. w. Fraser VS. Standard Steel Ca
Co., summons in trespass for damage
for the death of his son, VIM. Fraser
who was crushed to death by crane i
November.
Nellie Osenbaugh VS. Elmer E. Oser
baugh, petition for divorce, desertiol
alleged.
| A Ziehme and Sidney J. Redfeld
| trading as st. Louis Jewelry Co. V
VIM Royle and G. B. Dougherty, as
sumpsit for S220, for goods sold.
NOTES.
County Detective Hoon and Constabl,
Edward Merwin, went into a Red Row
palace, Friday night, to make an arrest
and were attacked and badly used W
by the inmates. Merwin was knocked
down with beer bottle The officer,
finally fought their way out of the
house, Hoon dragging Merwin. They
arrested four of their assailants and the
Hunkies paid lot of costs.
Miles Shakeley, Thomas Hazlett and
DR.. M. E. Headland were appointed a
commission in lunacy on Mrs. Frances
Kalb, County Home inmate who has
been acting in a demented way.
In the case of L. s. McJunkin VS. Mrs.
Eunice ByerleY, adm'x of Harvey D.
Byerley, the jury rendered verdict for
the plaintiff for $500, due on a note
signed by ByerIy-
j. D. Marshall has been appointed
commissioner to empanel jury of six
to inquire into the mental state of Am
brose Kennedy, aged 3S years, on petit
tion of J. A. Kennedy. Ambrose Ken
nedy owns real estate in Winfield twp.
Jesse Heydrick, Alex Blaine and Alex
Pollock were appointed viewers on petit
ton for a new road from the residence
of Theodore Young in Clay twp. TO the
Butler and Franklin road.
John Cranmer, @. G. Shannon, Frank
Clark, W. j. Fletcher. j. b. Martin,
Lewis Albert and Enos Mcdonald were
appointed viewers to assess damages
done the land of Frank Book in Worth
twp by the A. & w. R. R.
Silas Taylor, Alex McGowan and John
l.. Reichert were appointed viewers on
petition of citizens of Slipperyrock twp.
for new road from the Scrubgrass
road to the Harmony church road.
The suit of David McIlwain VS. the
Evans City Coal Co., brought to recover
royalty claimed to be due on coal mined
from five acres of land leased by the
plaintiff to the coal company, resulted
in verdict of $3.50 for McIlwain.
Jas. Walker, John N. BURNER, Sc
ward BARLEY, w. j. Welsh and Harry
Logan have been appointed viewers to
assess damages done a lease and gas
lines owned by the Independent Gas
Co. by the Butler Water Co. in building
the Thorn Run dam.
Mrs. Annie Wilkes of Dubois on Sat
urday secured a verdict of $4,000 VS.
the B. Il. & p. r T. Co for the death
of her husband, G. Fl. Wilkes, in the
wreck of the Buffalo Flyer,
Feb 20, 1905. Wilkes was an engineer
employed by the defendant company on
runs north of Butler. He was transfer
red to the run between Butler and Ale
gheny and had been accompanying 9th
er engineers on this run to learn it. On
the night of the accident he was in the
cab with Harry Logan, the regular en-
gineer, and was the only man killed.
His widows ability to recover for his
death depended on the question wheth-
er Wilkes was in the employ of the rail
road company at the time of the acci-
dent. The railroad company claimed
he was working for them but it was
shown that he had boarded the train at
Dubois and rode to Butler on an en-
ploye's pass. At Butler he left the
coach and went on the cab, where he
was killed. 1t was also shown that the
railroad company had paid its en-
gineers by the trips they made, and had
never paid the dead mans estate for
this trip. The jury determined he was
4 passenger.
The case of DIR. G. S. McClelland and
brothers vs the National Transit Co.
trespass for laying a pipe line over
plaintiffs land in Middlesex twp. was
settled by the company paying $500 and
costs.
In the proceedings to condemn the
Allegheny and Butler plank road, John
Henry M. Wise, John Irwin. !
J. M. Leighner and Geo. B. Turner,
we're appointed jury of five to view
,he value of same. John r Henninger
was appointed master to conduct the
inquiry, and Ada g. Findley was ap-
pointed stenographer.
The good roads law of 1905, which |
provides that the system of taxation
nay be changed from working tax to
! cash tax, is unconstitutional accord
ng to an opinion rendered by Judge
Douton, of Mexican county, who says
t conflicts with Art 8, Sec. 1 of the
State Constitution, in that it delegates
ocal legislation to popular vote; also |
with Sec. z of same article egarding |
ocal or special legislation for town
hips or boroughs.
Henry Winkler and Mrs. Rose Wal |
;ers of Butler were arrested in Wheel |
ng, w. Va, last Saturday. The war
amt, which was sworn out by the hus |
oand of the woman, Geo. Walters of |
Butler, who alleges that that the woman |
vas taken away from her home by |
and that they have been living
n Wheeling as man and wife. Mon |
lay morning an additional warrant was |
sworn out alleging abduction of the |
,hree children of the complainant in |
,he action. The couple were brought |
TO Butler by Deputy Vorus.
Miss Kathryn Gray, reputed heiress |
10 $500, 900, alleged daughter of U. S. |
Senator from Virginia, defendant in a |
suit for false pretense brought by the |
man who expected to marry her and |
ner fortune and who has kept the po-
lice of the East End, Pittsburg, on the |
Jump for weeks, was informed by in
,pector Bailey, Monday. that "that any
more Kathryn Gray escapades would be |
by her committal to the work
house.