Montour American. (Danville, Pa.) 1866-1920, 1908-05-28
CANAL REPORTED
A NUISANCE
Continued from 1st Page.


ernoon of May 18th, as near as she could
recall between the hours of and she
saw Charles Hullihen leaning against
the fence belonging to the lot next to
the Whipple premises.
William Myers sworn He lives on
Railroad street and on returning from
the mill between 2 and 3 O'Clock in
the afternoon of May 18th he saw HUI
linen leaning against the fence in the
neighborhood of Whipple's house. The
defendant did not speak to the witness
as the latter passed, although the two
are acquainted Where Hullihen was
standing he could see in both direc-
tions.
Benjamin Iivziey ON being sworn
testified that on the afternoon of May
| 9TH, about 10 o'clock he met HUI
linen and another fellow as they were
passing over the P. & r. railroad track
toward the Grove furnace
Andrew Burke and Morris Blee, two
boys, testified that while watching
COWS on the afternoon of May 7th be-
tween and o'clock they saw HUI
linen and another fellow standing
under the trestling polishing up two
watches, one of which appeared a sill
yer watch and the other gold watch
The boys in order to obtain a better
view of the COWS had climbed up into
the overhead work of the bridge and
while they watched the movements of
Hullihen and the other man they do
not know whether they were observed
or not. The defendant and his compan-
ion were polishing up the watches
with their handkerchiefs.
Some very sensational testimony was
! given by Peter Kelly The latter had
visited the defendant in Jail to see
whether he cor'd obtain information
relating to a suit OF clothes that had
been stolen from him. The witness
testified that he accused the defendant
OF completely in the robbery at Whip
Pies and by way Of bluff had told
him that he saw him keeping watch
outside the house while Snyder enter
ed it. Hullihen, he testified, acknowl-
edged the truth of the charge, remark
ing. that's right, but what are YOU
going to do about it. The witness
ACKNOWLEDGED that he had promised
Hullihen that il he would assist him
TO obtain his suit Of clothes he would
not appear against him at the hearing.
| Max Helm was the next witness. He
was in the habit of going with HUI
linen great deal prior to the robbery
at Whipple's but had never noticed
that he had a watch.
DEFENSE OPENS.
The defendant, Charles Hullihen, on
being called TO the stand made sweep.
ing denial, disclaiming all knowledge
OF the robbery. He acknowledged that
on the afternoon of May in company
with Snyder he walked out Railroad
| street as testified to. Snyder wanted
to go up to Castle Grove to make in
quiries concerning work. Hullihen ac-
compsnied him down to the entrance
and stood there waiting while Snyder
went up to consult the overseer. He
denied being near the P. & r. trestling
where witnesses for the Common
wealth had testified to seeing him in
company with Snyder. He declared
that he went to the home of his uncle
and aunt on Mulberry street, where
he was stopping at that time and re-
mained there during the rest of the
afternoon.
Jonathan Shut and his wife, the
uncle and aunt, testified, corroborat-
ing Hullihen. They were quite posi-
tive that the defendant was in their
house from 2 O. clock until after 4 on
the day Of the robbery.
Hullihen had testified that he was
no where near the D. L. & W. station
on the afternoon of May 7th, the date
of the robbery. By way OF rebuttal
Ammon Keiser, ticket agent at the D.
L. q W. depot, was called. Mr.. Keis-
er swore that on the afternoon of May
18th he sold Hullihen two ticket for
the / 33 train.
At II; 30 O'Clock Hon II. NJ. Hinck-
ley, attorney for the defense, went to
the jury. He spoke for nearly half an
hour and was followed by District
Attorney Gearhart for the Common
wealth, who occupied the time until
noon.
AFTERNOON SESSION.
Upon reconvening in the afternoon
Judge Evans charged the jury, after
which the twelve men retired to their
deliberations. At 3 O'Clock the jury
returned with verdict, finding the
defendant guilty on the fourth co1nt
of the Indictment. or of receiving stol-
en goods.
Charles Hullihen was commanded to
arise, when Judge Evans asked him If
he had anything to say why sentence
of the court should not be passed up-
on him.
He replied that he had nothing to
say beyond that he was not guilty