Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1906-03-22
LEGAL NEWS.
NEW SUITS.


Amos l. Cooper VS. Pittsburg an
Butler Street Railway Co, bill in equi
ty asking for an injunction permanent
ly restraining the defendant from max
ing a cut more than five feet dee
through his dwelling property in Falen
cia Cooper exhibited copy of righ
of way given to c. J. Gibson and as
signed by him to the defendant, which
specifies that the cut through his 10
shall not be more than five feet deep
Regardless Of this he states the defend
ants contractors two weeks ago com
menced excavating on his property anC
are making the cut from ten TO twelve
feet deep. practically destroying tht
property for residence. He asks fol
damages and that the injunction be
made permanent Monday the cast
was settled. Cooper receiving severa
| hundred dollars
Harry J. Donaghy VS. Sophie Dona
| ghy, libel in divorce. whom he alleges
| deserted him in 1899.
| Lochrie Bros. VS. a. K Wick, assump-
sit $500, for alleged breach of contract
to give the plaintiffs $500 if it was
shown that lateral railroad was not a
| necessity and benefit. The road in
question was to 1un from the Bessemer
railroad near Argentine through the
lands of the deft. to the lands and mine
of the plffs.
Lochrie Bros. VS. Hamilton Bros, as
sumpsit for $500 on suit similar 70 the
Wick
John Berg & Co VS. s. c. Mckinney,
NJ. NJ. Mccall, defts, and Warren AL
bert. garnishee, attachment execution
on goods of defts in hands of garnishee
for claims of $50 and $40 respectively.
Cornelius Lumber Company VS. Dick
Lacopulas and August Keller, eject
ment on lot in Lyndora which the
plffs leased from F. X. Kohler and sub
let to the defts, after building store
and house on it. Judgment for the
property for a debt of $50 was entered
for the plaintiff.
PLANK ROAD NOT CONDEMNED.
Judge" Henninger aud viewers
Leighner, Dindinger, Irwin, Turner
and Humphrey held another session in
the Plank hoad condemnation matter,
Friday A number of witnesses for
and against the condemnation were ex
amined. Surveyor G. Z. L. McQuistion
and George Schaffner, Sr. stated they
had examined the Main street. Thorn
creek, Glade Mills ard number of
smaller bridges and culverts for the
County Commissioners, who are oppos
ing the condemnation, and found them
all out of repair and in such shape as
to require rebuilding at an early date.
The cost of Replacing the Main street
bridge and approaches was estimated
at $13, 900. and that of the other bridges
together at nearly as much. ID. ii.
Sutton, one of the witnesses, said he
overheard an offer by Judge Bredin to
sell the Butler county portion of the
road for $1,000. The Plank Road Co. is
asking $40 900 for the road. The hear
ing of testimony was concluded Friday.
Monday evening the viewers made
their report. refusing to recommend the
condemnation. The County Commits
sioners showed that a number of
bridges are in bad shape, and it is prob
able that had the viewers reported In
favor of condemniDg and awarded dam
ages, an appeal and change of venue,
with repetition of the Beaver county
bridge cases would result They also
claimed the proceedings were commenc-
ed because the road was no longer pay
ing. Judge Bredin, secretary and
treasurer of the company. when on the
stand stated the company thought they
should receive 80. coo for the road.
The costs Of the proceedings and
view amount to about $3.50, aud the ex
ceptions to the bills filed have been filed
by w. d. Brandon for the petitioners.
NOTES
Tillie Snyder, convicted of man
slaughter for binding and deserting her
little child in the woods near Summit
Station, with the result that the child
died of starvation, was called Saturday
for sentence. Pleas were made to the
Court by her attorneys for reformato-
~ sentence. and after an examination
OF the law, showing that prisoners in
the House of Refuge at MorganZa are
kept there in certain cases until 25 years
of age, she was committed to that insti
tuition.
John b. Mclaughlin, convicted of
murder In the second degree for shoot
ing and killing VIM. J. Hemphill in
May, 1905, in Clinton twp, was called
for sentence, Saturday. After strong
plea for mercy had been made in his be-
half by w. z. Murrin, Judge Galbreath
sentenced him TO undergo imprison-
ment in the Western Penitentiary for
IA years. BY good behavior McLaugh-
lin can secure communications amount
ing to years and months, reducing
his actual time to years and 8 months.
An appeal has been taken by McLaneh
lin.
Steve Bodynak, the Lyndora boarding
house keeper who was found guilty OF
selling without license to his boarders.
was sentenced to pay costs, a fine OF
$500 and three months in jail. The
least legal penalty possible.
The case of Com. VS. JAS NJ. Max
well. in which the Knights of Pythias
lodge was complainant, has been set
tied.
r. A. Mcdonald. found guilty of de-
frauding boarding house keeper out of
a 50 board bill, was sentenced to pay
rosts, $40 fine and undergo Jail impris-
onment for 30 days.
Angelo Kandor, prosecutor IN the
adultery cases against Mike LeggiDs and
Mary Kindal, was sentenced to pay
half the costs.
Paul Milovitz, convicted of man
slaughter for shooting and killing Was
sil Dauchula in Lyndora on Feb II,
1905, was called in Court, Saturday. and
sentenced to pay the costs, fine of
$1,000 and undergo imprisonment in the
Western Penitentiary for four years
The jury in the case recommended Mil
ovitz to the mercy of the Court and he
had been in Jail year before Sentence
was passed BY good behavior Milo
vitz can have two months taken off his
first year. three the second. four the
third and FIVE off any subsequent year.
which would make total of IA months
and reduce his actual time to two
years and ten months.
George Newman was committed to
Jail, Saturday. by Justice Keck on
charges Of rape. seduction and feb
The charges were entered on oath of
Bertha MiDcer, aged 10 years New
man was arrested in Pittsburg.
A rule has been granted on the heirs
OF the late M. H. Byerly to accept prop
erty of appraised valuations: viz. $3.50
on the farm in Jefferson twp, and
$1964 on the farm in Fawn twp, Allie
gheny county.
In the case of Com. vs. Edward Den
holm, found mot guilty but pay the
costs" on a misdemeauor charge, mo
tion has been made by the deft to have
the 'costss part of the verdict set
aside.