The citizen. (Honesdale, Pa.) 1908-1914, 1910-03-18
THAT DANCE
HALL NUISANCE
JURORS ALL SENT HOME
Court Adjourned on Wednesday,
Judge Staples Grants IA Divorce
Week,

Joseph II. Yarns, llDeIlant, VS.. sadie
II Yarns, respondent, in which case
the respondent sought divorce on
the grounds of wilful and malicious
desertion, Judge Staples granted
decree of absolute divorce. as prayed
for in the libel.
On Tuesday afternoon the evidence
for the defense in the case of the
Commonwealth VS.. Hyman Miller was
heard. The evidence of the Common
wealth's witnesses was given in an
earlier edition of this paper. Attor-
neys Kimble and Rowland appeared
for Miller.
The following witnesses testified in
Miller's behalf. c. A. Seig, f. H.
Smith, Thomas Gallagher, James Nc
Donald, Mrs. Smith, Arthur Frick,
Elizabeth Myers, Ed Smith, Hyman
Miller, J. e. Keesler, }. II. Green,
and Jacob Rorbacker.
The evidence of the defense tend
ed to show that Miller conducted a
dance hall in a proper manner. That
the hall was closed always at the
time required by law and that Miller
was at all times very strict in requir-
/ ing the strictest order and decorum
to be observed at all dances conducted
/ at his hall. Evidence was also intro
duced as to the excellent reputation
| born by the defendant and regarding
/ his good standing in the community
/ in which he lived.
The jury brought in verdict of
mot guilty" and directed that two
/ thirds of the costs be paid by the
/ defendant, and the balance by the
/ prosecutor, J. b. Krauter. Part of
/ the verdict placing one-third of the
costs on the prosecutor, was set aside
/ by the court and the county directed
! to pay same. Costs will amount to
/ about $500.
In the matter of the Common
wealth VS.. William Zen Zen, NO. 10,
/ October Sessions, 907, upon motlon
! of r. NJ Salmon of Searle and Sal
mon, attorneys for appellant, rule
granted on Annie Breithaupt to show
cause why the sum, ordered to be paid
( to her weekly, should not be reduced.
Wednesday morning Judge Staples
heard the trespass case of Sophia A.
Alittan VS.. Frank J. Hunkele. Attor-
neys Simons and Kimble appeared
for the plaintiff and the defendant
was represented by G. A. McCarty.
Count for breaking plaintiffs close,
consisting of forty-five acres, situated
in the township of Palmyra, and un-
lawfully cutting and carrying away
a large quantity of pine, oak, chest
nut, and hemlock logs, lumber and
timber growing thereon, contrary to
the act of March 80. 1924. Damages
laid at three hundred dollars. Plea
Not guilty.
The following jury was impanelled
to hear the case: Clark Spencer, b.
S. Hull p. j. Keesler, Harvey Dan
iels, Arnold Sluman. August Laabs,
C. d. Tarbox, r. l.. Woody, julius
Keltz, !. W. Kipp and Spencer c.
Bates.
Deed from G. G. Waller ct ux to J
r. Mittan offered in evidence by
plaintiff to show title to the land on
which the timber is alleged to have
been cut.
The plaintiff, Mrs. Mittan, then
took the stand and testified that she
was the widow of j. r. Mittan and
had lived on the farm in question for
twenty-eight years and was familiar
with all the lines and corners on the
farm. She derived this knowledge
from her husband who assisted in the
survey of the land. The timber had
been cut in a lower corner of her
land She noticed the cutting on
August "a, 1908, and on August 81
1908, saw Ed. Hunkele and William
Hendricks there with team; they had
load of logs. There was a wire
fence along a part of the line. Hunkle
had entered within the wire fence
There was no heavy timber on Hun
kele's side of the line.
VIM Hendrick testified that he was
working for Hunkele in August,
1908, and that he cut timber at the
place specified at Hunkele's direction
Frank Hunkele showed him wnere to
cut three separate times. The cut
timber was taken to skidway on
Mrs. Mittan's land. Timber was cut
into ties, etc. Counted $50 mine ties
about 25 railroad ties and $50 cat
ties. Witness cut yellow pine and
some chestnut, Ed. Hunkele and
Charles Hunkele helped him to cut.
Does not know of anyone else who
cut timber there. On cross examina-
tion, witness stated that he believed
he was cutting on Hunkele's land. He
tried TO buy the lumber from Mrs,
Mittan because Hunkele instructed
him to do So The logs were skidded
onto Mrs. Mittan's land.
Fred Mittan, son of the plaintiff
testified that he knew all the lines on
the farm. Was with Frank Soete on
September z, 1907, when he ran the
lines. Found that the cut extended
800 feet on his mothers side of the
line. Eighty-eight trees of varying
diameter had been cut. Trees were
yellow pine, white pine, oak, chest
nut, hemlock etc. Found HendricR
and Ed. Hunkele cutting there in Au-