The citizen. (Honesdale, Pa.) 1908-1914, 1912-01-19

mitted buying the SUN 1Or Mr..
Samson He loaded the stuff on the
wagon himself, and then called for
the animal food. 81 was told" he
said, ito buy part of my stuff and
purchase the rest of my stuff and sell
if they kept a record of it. Bortree
told me to do It,"
NJ. j. Emery was recalled to the
stand, ana told of counting the mon
ey, May 13, which was later given
to Swarts in a bag. He saw the bag
at night when Swarts returned 1t to
Miss Gilpin. Cashier Emery counted
the money which corresponded with
the record within two or three cents
His wife, Miss Gilpin, Mrs. Bortree
and his sister were present when the
audit was made.
Floyd Bortree was recalled to
identify the record of May J. 3. There
was no record he said, to show the
payment on that date of that amount
to Swarts, and he (Bortree) never
received the fifty cents.
Miss elizabeth Gilpin was recalled
and testified that she saw Emery
count the money.
Mrs. George Miller, Avoy, testified
that she bought and paid $2.40 for
200 meal at the mill on May 10,
1911. She got no bill for it. Swarts
put the meal on her wagon. She
and several other witnesses were
called by the prosecution for the pur-
pose of showing that similar Of
fenses had been committed at about
the same time.
Floyd Bortree was recalled, and
testified that on the records of May
10, 1911, there was no item of any
money paid over by Mrs. George
Miller.
S. C. Bortree was recalled and
swore that he saw Mrs. Miller at the
mill, May 10, 1911. On cross-ex-
animation he admitted he didn't see
her take any stuff away. He was
taking particular notice to look after
things that day.
Geo. Chapman, who lives at East
Hamlin, three miles from Ariel,
swore that he was at the mill on
May G, and made some purchases.
He got a bill for some of it. For
some of it he didn't. He bought
the stuff from Swarts who loaded it
in the wagon for him. He didn't
pay for part of the purchase. He
admitted he didn't give Swarts a
chance to give him a bill. AS soon
as he paid him he started right off.
Floyd Bortree was recalled. He
said that there was no record of the
| payment by Geo. Chapman of S1.50
on May 6.
Fred Edwards, Hamlin, did busi-
ness with Swarts at the mill on May
! 2, 1911. He paid for his stuff by
check. Swarts couldn't make change
so he took an extra 100. s11.1O
was the total amount paid. The slip
was off the machine when Swarts put
the extra sale on it.
Floyd Bortree was recalled and
said the record of May didn't show
any statement of the extra S1.2O pay
ment.
John e. Bigart, Lake Ariel sent
man by the name of Osborne to the
mill for so pounds of chicken feed
He paid 5S cents for it to Swarts the
second day after it was bought.
Howell Bortree was recalled ant
said the date was April 20. He KEEP
an account of it and saw Osborne
take the feed. He found no item q
charge against Bigart when he e!t
amined the record.
Floyd Bortree was recalled anC
said he also found no record o
charge on that date against j. f
Bigart.
Miss Elizabeth Griffin swore sh'
| saw Osborne get the chicken feed
April 90. So did Mrs. Floyd Bortre'
who heard him ask for it.
Eugene Mignery, Avoy, Albert Mi
gnery, Avoy, also had dealings a
: the mill last April. Eugene pait
Swarts $16O but didn't get bill.
Howell Bortree swore he was a
,,,;1 ,,tbnD 1bart MipDarV hon n
the stuff.
) Floyd Bortree denied that in bus
times money was paid to Swarts, an
p Howell was directed to make the en-
try. He also denied ever askin
Swarts for the money bag.
At 4:4S p. m. the Commonwealth
rested, and Court adjourned.
, Wednesday Morning.
> The injection of r. II. Holgate
ESQ, Scrantons militant lawyer, int
the case of the Commonwealth vs.
G.. w. Swarts, as associate counse
!, for the defendant, added additions
= interest to the celebrated Lake Arie
q grist mill case, and the seats in tn
Court House were well filled whe
Court was opened at 9 o'clock, Wed
. nesday morning.
. fOE the uelenSe AlIOlutg Iduh 1
> Kimble outlined his case to the jur
). in a mastery opening address. II
{ spoke in part as follows:
/. Gentlemen of the Jury: We no
i propose to show you the defense.
: is not a one-sided case. We wi
> show you that the defendant, G. "
SWarts, entered the employ of thes
people eight years ago; that he cor
+ tinued in their employ for nearl
2 eight years. We will show you tn
D duties he had to perform. Not onl
/. was he fireman, engineer, but he ha
S to tend the telephone, see to tn
e grinding, tend to the sales depar
n ment and look after the customer
We will show you that his particulf
e duties and obligations received fro
= the owners of the mill were to sta
/ at the mill at all times. We wi
d show you that he was furnished wit
It the money bag each morning. +
d was to carry on all the duties devol
ing upon the owners in their a
Il sence. This money bag was to
). handed to S. G.. Bortree or to Floy
d Bortree or to Howell. and not to
a l., -,