Montour American. (Danville, Pa.) 1866-1920, 1908-01-16

future. Had the jury found him
guilty, Judge Evans informed McCor.
mick, he would have given him three
years in the penitentiary.
The case of Commonwealth VS.. James
Smelling, the charge being larceny
called forth an exhibition of clemency
on the part of the court that met with
general approval. The defendant plead
ed guilty of breaking open Harry
Landau's S trunk at Mrs. Hills board
ing house early in November last and
of abstracting watch and three dol
lars in money. He was represented by
Thomas O. Welsh. ESQ, who made a
strong and effective plea for clemency.
The defendant beingSS called before
court stated thatshe is SO years of age
and has wife7and two children. He
explained that helwas drunk on the
day of the robbery and said that he
felt sure that he would not have COM
mitted the deed if he had been sober
The watch, he had returned, but was
unable to restore the money stolen, as
he had spent 1t with some companions.
One of his children at the Harris.
burg home is lying very i'll and is not
expected to recover. The proof of this
fact lay in very pathetic letter from
the wife, in the hands of the court,
which told of the child low condi-
tion.
Judge Evans after considering all
the conditions decided to suspend sent
ence. The defendant will have to pay
the costs of prosecution. By May 1st
he will be expected to render account
to the court. If during this interval
it is found that he has been drunk or
has not conducted himself properly,
he was informed by the court, a bench
warrant will be issued and he will be
brought back to Danville and placed
in Jail. Sentence in the present case
will be suspended only as reports are
received of his continued good be-
havior.
The first case that came up for trial
in the afternoon was Commonwealth
VS.. William Spade. The charge was
selling liquor to minor. The defend
ant was represented by William Kase
West.
The first witness called was Mrs.
Ida Reilly, who testified that the de-
fendant, William Spade, was in the
habit of furnishing liquor to her IA
year-old son, Harold. She cited an
instance on September 9TH last when
she discovered her son carrying liquor
from the farmers hotel and satisfied
herself that the liquor was furnished
the boy by Mr.. Spade.
Harold Reilly, son of Mrs. Ida Reilly,
was called to the stand. He said he
was IA years of age and that he had
been frequently sent by his father to
the Farmers hotel for beer. He cor
roborated the testimony of his mother
as to the episode on September 7th
sent to the hotel FOR ten cents worth
of beer by his father; that the beer
was furnished him by Mr.. Spade that,
sent by his father, he frequently went
to the farmers hotel for beer; that
some times Mr.. Spade gave him the
beer and at other times the bartender,
Mr.. Jenkins. On one occasion only he
carried note from his father
Mrs. Reedy, who was with Mrs.
Reilly, when she discovered her boy
carrying beer home from the Farmer s
hotel, was also a witness.
The defense declined to submit
any testimony. William Kase West,
when he went to the jury. emphasized
the fact that Mr.. Spade, according to
the testimony offered, furnished the
beer for the boys father and not for
the boy, although the latter carried it
home. He relied on this circumstance
to secure acquittal.
Judge Evans in his charge read the
act of assembly relating to the sale of
liquor to the jury and explained that
under the act the furnishing of beer
to a minor as testified to in the case
made the defendant guilty as in man.
ner and form indicted. He reminded
the ju-. that the evidence in the case
was not disputed. The jury retired at
2 80 o'clock.
About 8 o'clock the jury came in,
bringing with them verdict OF
guilty. The jurors sitting on the
case were as follows: John Herrick,
Joseph Wintersteen, j. @. Rishel,
Samuel Hilner, Hugh McCaffrey,
Thomas Woods. Thomas Roney, CLARK
Case. Thomas Bradley, John Mauser,
w. 7. Madden and William Bogart.
The case of Commonwealth VS..
Harry Kim was attached late yester-
day afternoon. The charge was de-
frauding boarding house keeper
Robert K. Blee, the prosecutor, took
the stand. The defendant was board.
er with Mr.. Blee and left owing him
$40 60, of which $50. 80 were paid after
prosecution was brought.
The defendant being called to the
stand to testify on his own behalf dis.