The citizen. (Honesdale, Pa.) 1908-1914, 1912-06-19
ATTORNEY ILOFF IN COURT
AGAINST HIS NEIGHBOR


Walk-Witnesses Story of the
Afrair-Verdic;, Not Guilty
Plaintiff to Pay
Three-fourths of
Cost.
The case that has been exciting
borough-wide interest, that of Attor-
ney Peter H. Iloff against Clarence
K. Bond, both residents of Texas
township, the charge being assault
and battery, was brought to trial
early Monday afternoon, Judge A. L.
Searle, presiding. Both parties in
the action are neighbors on Fair
Avenue and the case is the outcome
of a quarrel of several months stand
ing between the two families.
Searle & Salmon represented the de-
fense while the prosecution was vig-
orOusly pushed by District Attorney
NJ. Z. Simons. After a short delay
the following jurors were chosen:
Wesley Decker, Hawley; Daniel
Gray, Canaan; Stanley II. Hines,
Preston; Wallace Cramer, Waymart;
John 7. Bradley, Damascus; o. w.
Clinton; Charles Keller, Lebanon;
Clarence Gardner, Scott; j. c.
Wittig, South Canaan; VIM. Cole,
Texas; II. L. Hartford, Sterling.
The commonwealth opened the
prosecution with a short sketch to
the jury of what was to be proved
by them in the case. Peter H. loft
was the first witness called. He
stated that he was the prosecutor in
the case and that he lived in Texas
township and when asked about the
occurrence on April 16 he stated
that about twelve o'clock he drove
home and began unhitching his
horse, his father-in-law, John Hallet,
assisting, when Bond came up to the
side of the road where they were,
with his shirt sleeves rolled up, max
ing considerable noise and using
abusive language. Mr.. Hallet pro-
ceeded to unhitch the horse and took
it to the barn. While this was going
on Bond began pushing the wagon
into the road and Iloff states that he
pushed Bond out of the shafts and
pulled the wagon out of the road.
1t is alleged that Bond then grabbed
him and Iloff fell backwards, strik-
ing his head and shoulders on the
walk, while Bond proceeded to
pound him. Accoring to Iloff's tes-
timony he received a cut over the
left eye and one under the right eye
lash. both cuts being about an inch
long and very deep, causing the
blood to flow profusely so he could
hardly see. He was helped to the
house by his wife. He stated that
his house was the second house on
the road toward the river and he
had to pass the house to get to his
barn. On the other side of his barn
was the school house and on the
same side of the road.
hai Al hn
that it was customary for him to
leave his wagon on the side of the
road but denied that the wagon was
on the walk. He stated that the
road was dry and in good condition
on that day. He denied having
struck Bond first or of having been
intoxicated at the time but confessed
to having taken a drink during the
day. When asked what his average
daily drink amounted to he said he
couldn't say exactly.
Mrs. P. H. Iloff was sworn. She
corroborated most of her husbands
testimony and stated that he was
perfectly sober on that day. She
stated further that DR.. Powell was
called to attend her husband and
that he was confined to the house for
about four weeks and to his bed
three or four days. When asked to
tell of the conversation that took
place the night before the fight, be-
tween her father and Mr.. Bond, she
testified that in terms not generally
heard in polite society, Bond told her
father not to touch the wagon but
to call out lloff that he wanted to
kill him, or to that effect. On be-
ing cross-examined she stated that
they never had any trouble or dis
pute over the wagon being on the
side walk before.
John Hallet sworn. His testi-
mony only corroborated that previ-
ously given as to the fight, condi-
tion OF the road and the conversa-
tion of the previous night relative to
Iloff. He stated that he made his
home with his daughter, who IS
Mrs. P. H. Iloff. On being pressed
in cross-examination he said ne
wouldn't say whether Iloff was or
wasn't under the influence OF liquor
that day
David Stevens sworn: He stated
that he was a pupil in the school
next to Iloff's barn and witnessed
the beginning of the fight.
DR.. Powell was sworn: He stated
his visit to Iloff April 16, about five
O'clock to dress the wounds. He
stated the nature OF the wounds over
the left eye and on the right eyelid,
to be only skin wounds and not seri-
Gus.
The cross-eXamination brought
out nothing definite further than the
testimony already given. He said he
could not state whether Iloff had or
had not been drinking. He stated
that Iloff was delirious part of the
time but could not say whether the
effect of a blow on man who has
been drinking continually for five
years would be different than on
man of normal habits. He stated
further that he had advised Hon
not to drink liquor.
Allen Bodie sworn. He testified
to having heard Bond discuss the af-
fair in the Hotel Wayne a few days
after the occurrence in which Bond
stated that he had given Iloff a
good trimming. Winnie Kimble tes-
tifa1 IN having heard ROnd mako