The citizen. (Honesdale, Pa.) 1908-1914, 1910-10-28
NOT GUILTY F!
PAY THE COSTS !
USUAL VERDICT RENDERED. IN
"GRAY MARE" CASE-WILL
TEACH THE DEFENDANT A
LESSON.

. IEACh IhE DEFbNDhNI n
LESSON.
Wednesday morning of October
court session was entirely occupied
by the case of the Commonwealth
versus James Manley, of Jessup, in
dicted by the grand jury for cruelty
to animals. District Attorney NJ. T..
Simons had associated with him r.
Nj. Salmon, Esq, in the conduct of
the case. j. l.. Sherwood, constable
of Preston township being the pros
ecutor.
These jurors. were drawn on the
case: ]. A. Stephens, Texas; Pierre
Petersen, Dyberry; John McDavitt,
Damascus; Jacob Keller, Cherry
Ridge; VIM. ]. Gregg, Manchester;
Daniel Aeker, Damascus; John
Smith, Sterling; NJ. w. Fitzpatrick,
Mt. Pleasant; Griffin Dumond, Buck
ingham; Lewis Schweighofer, Leban-
on; Calvin Schweighofer, Damascus;
Willis Tyler, Damascus.
X. NJ. Salmon, Esq, in addressing
the jury stated that an attempt would
be made to convict the defendant
for cruelty to animals, the alleged
offense having been the use of a
gray mare in a two-wheeled dump
cart provided with saddle which
was supposed to have caused friction
on the horses back, breeding sore
there so deep that mans whole
hand could be put into it. Also that
this was not the first arrest.
Constable J. L. Sherwood, of Pres
ton, was the first witness called by
the prosecution. He stated that he
saw the defendant in Preston last
June on the Ontario and Western
railroad working between Winwood
and Preston. He said he saw him
standing on the bank overseeing
Italians who were working, and that
he conversed with him at different
times with regard to a horse. He
ordered the animal which was a
gray mare, unlocked, and not to be
sent back to work Sherwood said
that he arrested the defendant twice,
viz, June 18th and again June gath,
| When the constable asked him
whether he hadn't given him writ
! ten notice not to work" the defend
! ant said "Yes." 81 told him." con-
/ tinued the constable, that l didn't
/ think he was doing right working the
| horse under those conditions" Il
went down" said Sherwood, "un-
/ hooked the horse and took the saddle
off and found him sore on the back.
]
| the load he would finch and go down
a little bit, as if it hurt him. He
took the horse to the office of the
Squire. Sore was found to be raw
and proud flesh in it; on the burlap
was pus with an odor to it; the skin
could be taken and pulled up. The
! backbone could be seen. The size
of the wound was about or 3 in
ches long and l p to wide. He
took other men to look at the sore,
George Simpson the first time, How
ard Davis and Mr.. Howell later. The
wound was worse on the Gath than
on the 18TH, owing to the warm
weather.
The second witness called was
Frank Slocum, of Winwood, who
stated that he saw the gray mare June
oath at the 'Squire's office. He said
he looked the horse over and found
him in good physical condition, but
that he had a sore on the wethers.
: The sore could be worked up and
down, and the joints on the back
bone could be seen. 81 don't see"
he said, "how they could work the
horse without the saddle irritating
= it," On cross-examination he stated:
"Well, | should say that the sore was
= caused by some part of the harness.
NJ. H. Davis, of Winwood, the third
witness, stated that he knew the de-
fendant by sight and that he issued
warrant for his arrest June "a.
He ordered the horse brought to his
: office for examination. He found
: sore on its backbone two by three
inches. On June 18th he also is
, sued a warrant and had a hearing
70 on June 18th he read the charge to
the defendant who stated, Il don't
know whether | can do anything but
plead guilty" and fined him $40 and
/. costs which he paid The defendant
: offered Mr.. Harding as bondsman,
I but this was refused as the latter
y owned no property in this county
a When c. A McCarty, Esq, attor-
d ney for the defendant, showed Mr..
J, Davis a receipt il helped to refresh
v MIR. Davis memory. and he admitted
: that Manley paid the fine under pro-
= test.
: Frank Card, of Winwood, was the
n next witness. He testified to seeing
e the horse finch while it was pulling
i the cart. On cross-eXamination he
; said Mr. Harding had complete
y charge, as foreman, of the work, and
e that all were subject to his instrue-
d tions.
s A. d. Kellogg, of Winwood, was
: called and said he was a farmer
l. who had done some horse dealing
e He saw the raw sore on the mares
i back Just back of the wethers where
n the saddle would naturally set On
u cross-eXamination he said the horse
$ jumped when he tried to put his
q hand on the sore
Il Warner Decker, of Preston Park
} testified to boarding the horses, anc
W that the defendants father paid the
s rent. The sore was raw and extend
" ed over the backbone. James Man
is ley doctored the horse, and he helped
II put some stun on his back. Oh
cross-examination he said the horses