The citizen. (Honesdale, Pa.) 1908-1914, 1912-04-03
KlMBLE GETS FULL
AMOUNT CLAIMED
jury Awards S224..3 After Deliber-
ating short Time-Common-
wealth VS.. John Brussel Set
tied

tied.
me first case to be disposed of
was tnat OF the Commonwealth VS..
John Brussell, charged with crueltv
10 animals. The defendant appealed
from the conviction of a Justice of
the peace court. where he was fined
Sl0 last fall, for leaving his team
unblanketed.
Mr.. Brussell testified that he did
not leave the team so, and that it was
comparatively warm day. More
over someone had taken the blanket
OH ana united the team while he was
away. The decision of the Justice
court was reversed and the charges
We're placed on the prosecutor, who
Delng a. S. Schimmel, and be-
ing confined in the county Jail for a
6-month term, which has not expir-
ed, 1t was ordered to get the fine of
$40 which Brussell paid, back from
the Society for Prevention of Cruelty
TO Animals, to whom it had been
paid.
The case of George B. Kimble VS..
w. w. Bodie and j. w. Bodie. ad-
ministrators of the late William
Bodie, who died on October 21, 1910.
to recover $224.73 with interest
from Sept. 19, 1910, which is alleg-
ed is due the plaintiff for goods sold
and delivered the defendant during
his lifetime. Attorney w. H. Lee
represented the plaintiff. The men
who tried this case were Frank
Adams, Prompton; Roy Bailey, Ber-
lin; Joseph Gangle, Waymart; f.
Demming, Clinton; VIM. J. Ferber,
Honesdale; William Herman, Texas:
charles Markey, Honesdale; Emer-
son Miller, Mt. Pleasant; Charles
Ramble, Lake; Ralph Shaffer, South
Canaan; Forrest Taylor, Oregon;
John S. Welsh. Hawley.
Mrs. Maud Box was the first wit
ness called and she stated that she
was the daughter of Geo. B. Kimble
and had worked in the store during
the year 1900 and was employed as
clerk there for eleven years. She
stated that they always did a cash
business but sometimes ran an ac-
count for Bodies, which was always
put in the only book they had as they
did not keep a set of books or pre-
tend to do bookkeeping. 1t was the
book of original entry and the only
one they had. The book was offered
as evidence by Mr.. Lee but it was
objected to by Attorney Simons.
VINO gave as his objections, First,
that the accounts were Jumped, the
amount of them being $500, and
second, that items to the amount of
Sl9.O5 were entered on a book on
sunday. The objection was sus-
tanned.
The witness further testified that
no goods were ever sold on Sunday
and If the charges were made on that
day it was by mistake. On cross-ex-
animation by Attorney Simons she
stated that exhibit Nos. 2, 8, 4, 5. 81
were in her own handwriting and
were receipts for articles paid but
were not charged for on the book.
Mrs. G. B. Kimble was next called
but simply stated that she never
made any charges on the book.
The plaintiff rested their case.
wv H Bodie was called for the de-
tense. He stated that he was one
OF the executors of the estate of VIM.
Bodie, deceased, and that he was also
son. He testified that he had found
eXhlblts z, 3, a, 5 and 6, where his |
rather Kept all his receipts, after the |
latter's death. The defense rested. |
AFTER snort talks to the jurors by At |
torneys Lee and Simons, in summing
up the case from both sides, the
Court charged the jury. He stated
that inasmuch as some of the
charges were Jumped they could not
be accepted as charged sales, for
every item of the transaction must
show on the books, and therefore the |
total of these which was $52.3Ol
could be deducted from what the
plaintiff asked for. The items al !
legged charged on Sunday would be
for them to decide whether to deduct
them from the original bill or leave
them in as there was no evidence to |
prove that they had been knowingly |
charged on Sunday. The report of /
the jury was as follows:
We, the jury find verdict in fa- !
vor of plaintiff for the sum of
$224.73