Montour American. (Danville, Pa.) 1866-1920, 1907-01-17

dickering Mr.. Vought decided to &C
cept $40 for the horse. In payment he
was given a check on the Shamokin
Banking company, which was subsequ
emily found to be worthless. No such
name as the one in the check appear
ed among the depositors of the bank.
Mr.. Vought was quite insistent that
he accepted the check on the state
ment of Ethworth, backed up by
PensyI's recommendation, which was
to the effect that Ethworth was re-
sponsible business man of Sunbury.
He finally recovered the horse, in fair
ly good condition.
Irwin Drumbach, chief police of
Steelton, who arrested the defendants,
Ethworth and Dunmoyer was sworn.
Ethworth in Steelton went under the
name of Walter. The conduct of both
Ethworth and Dunmoyer while in
Steelton was suspicious, which first at
tracted the chief policies attention
to them.
William Geist, the horse dealer of
Ralpho township. Northumberlan nd
county, upon the stand denied that he
ever sold horse to Ethworth or had
dealings with him.
George E. Hummell, constable of
Tower City. was called. He found that
Ethworth and Dunmoyer had valu-
able gray horse concealed in little
obscure stable, used mostly to shelter
COW. The constable entered the
stable and there found Ethworth and
Dunmoyer with the horse. The horse
was offered for $35. The constable
| watched the movements of the defend
ants and concluded that they were try
ing to get the horse away, when he
decided to take the animal in charge.
Ethworth and Dunmoyer escaped, al
though the constable secured the horse,
which the men had left in the hands
of Jack Shale.
A. G. Vought and Isaac Clark, a
neighbor, also testified. .corroborating
the evidence of J. M. Vought.
E. M. Mcdonald, warden of the Jail
in Sunbury, was called to the stand.
He testified that Ethworth. to the best
of his knowledge, was never in the
green grocery business in Sunbury
Up to September 81, he was in Jail in
Northumberland county, awaiting
trial. Incidentally, he explained, that
the grand jury ignored the bill and
that Ethworth-who there was known
as Frank Rambler,-wa never tried.
J. W. Gearhart, the justice before
| whom the information was made, was
the next witness. He swore that when
the defendants appeared at the hearing
and he put to them the question of
guilty or not guilty" they admitted
that their intention was to obtain the
horse with the bogus check. They in
eliminated Pensyl, who they stated
had advised them to sling their pap
err and if there was any trouble he
would make it good, as he had prop
erty.
At 4 o'clock the Commonwealth rest
ed and W. Kase West opened for the
defense. He said it would be proven
that there was no conspiracy-that
Pensyl was merely employed to drive
Ethworth and Dunmoyer to the farm
- ha krN
part with his horse for bogus check
by Ethworth
J. H. Ethworth was the first of the
defendants called to the stand in his
own defense. He said that his home is
in Baltimore, that he is Sc years of age
and that he is unmarried He explain
ed how he fell in with William E.
Pensyl, who, he declared, had no in
terest in the trip beyond what he was
to receive for taking them out in
search for horse, which was the sum
of So.
In cross examination he made a
sweeping denial, whenever he was con-
fronted with facts testified to by Com
monwealth's witnesses that did not
agree with his testimony. His inten-
tion, he said, was not TO defraud J.
M. Vought-that he had nearly enough
money in his pocket at that time to
check. he said. it was his intention to
deposit money in the bank to meet it.
but that he discovered that the horse
was not as represented and so he took
the animal to Tower City and left him
there He denied that he abandoned
the horse because the officer was hot
| on his trail.
Dunmoyer next took the stand. He
is a young man with an artificial
hand. He denied the Commonwealth
witnesses and told a story, to exculpate
himself and to corroborate Ethworth.
Walter Pensyl, sou of William E.
Pensyl, rather handsome young man
of 81 years, was the next witness. 1t
was he, he said, who first fell in with
Ethworth and told a story to show that
his father was not party to the alleg-
ed conspiracy.
William E. Pensyl, himself, was the
next witness. He made many denials
contradicting J. NJ. Vought and 9th
ers in essential points to show that he
was not a party to conspiracy to de-
fraud Mr.. Vought, but had been mere.
ly employed by Ethworth to take them
on drive across the country in quest
of horses
Mrs Pensyl was called as the last
witness by the defense. She described
Ethworth's visit to their house, when
he engaged her husband to drive them
ont in the country