Montour American. (Danville, Pa.) 1866-1920, 1908-05-28
Wednesdays Proceedings

was made absolute until further notice.
Wednesdays Proceedings
The jury in the case of Common
wealth VS.. Amos Wertman, which went
| out Tuesday afternoon, was on hand
yesterday morning with sealed ver-
dict. The defendant it will be recall
ed, was charged with w1lfully and
maliciously shooting a dog The
evidence had attracted good deal of
attention and at the ringing of the
bell good-sized crowd dropped into
the court house to hear the verdict.
The defendant was found guilty as
indicted. The verdict Of the jury, how
ever, was accompanied with a strong
recommendation for mercy.
During the forenoon Wertman was
called up for sentence. The court de-
cided to heed the recommendation for
mercy, The defendant was sentenced
to pay the costs of prosecution and
fine of twenty-five dollars.
CIVIL LIST ATTACHED.
At 8 80 o'clock the civil suit of
Daniel Mowrey VS.. William Mowrey
was attached. The plaintiff and de-
fendant in this case are brothers, the
former residing in Columbia county
and the latter in the borough of Dan.
Vile.
The suit was brought to recover the
sum Of eighty dollars, the alleged facts
in the case being as follows Mary Z.
Case, sister of the plaintiff and de-
fendant, on her death bequeathed the
latter four hundred dollars. Previous
to her death, however, she paid her
brother, the defendant, eighty dollars.
The subject of contention in the case
was whether the eighty dollars was
gift additional to the legacy or was
merely an advance TO be deducted from
the bequest.
The first witness sworn was Robert
s. Howell, ESQ, who wrote the will,
in which Mary E. Case bequeathed
her brother, William, s4O0. The W it.
ness testified that she remarked that
her brother was cripple and she want
ed him TO have little money IL the
form OF an advance to meet his i'm
mediate needs. At her request, he
said, he drew up paper and left it
with her as copy or blank, which she
could use if she desired to advance
some money to William Mowrey on
the legacy.
Daniel Mowrey. the plaintiff, execut-
or of the will of Mary E. Case, was
the next witness. He testified that he
had paid to his brother, William Now
rey, the lagacy of S400 from his sister,
Mrs, Case, minus 500 the deduction
for inheritance tax. Later a paper in
the form Of a receipt for eighty dol
lars purporting TO be signed by vii.
liam Mowrey was found in a small box
separate from the rest of Mary E
Cases personal effects. The paper was
on the blank prepared by Robert s
Howell and bore the explanation that
the money receipted for was to be de-
Quoted from the bequest of s40O
The witness along with his wife,
who followed him as a witness, testif-
ed that they were present when Mary
Z. Case paid the eighty dollars to viii
liam Mowrey and saw the defendant
sign the receipt or TO be explicit
make his mark " They testified that
the deoedent fully explained to the de-
fendant that she wanted him TO sign
receipt, as the money paid him was 10
be deducted from his legacy. The de.
cedent was i'll at the time, but was
able to be around. She was concerned a.
bout her brother the defendant, because
he had to work so hard and thought
the advancement would enable him to
take life little easier.
At the death of the decedent the re-
ceipt for eighty dollars signed by Will
liam Mowrey was not found among
her personal effects and the executor
had come to the conclusion that his
sister had changed her mind and de-
stroyed the paper. AT later day, how
ever, as above explained, the receipt
was found in a chewing gum box.
Daniel Mowrey testified that after
finding the RECEIPT he visited his BROTH
er in Danville and told him that he
had found that paper. " The defend
ant, the witness said, became angry,
rerarking that he was mot going to
pay it,"
The receipt was offered in evidence
and identified by the witness.
Eli Sternman of Almedia, who knows
both plaintiff and defendant, testified
that he had talk with William Now