The citizen. (Honesdale, Pa.) 1908-1914, 1912-07-05
BEN WHITE HELD
UNDER 5000 BOND.
Assault and Attempt to Burn Prop
erty is Charge-White Then
Has MaclSle Arrested.

Has MaclSle Arrested.
The case of George Mackle
against Benjamin White was brought
up for a hearing before Justice of
the Peace Robert A. Smith on We'd
nesday morning at ten o'clock. 1t
will be remembered that White was
arrested on Monday evening, June
"a, on information sworn to by Geo.
Mackle. When Sheriff Kimble ar
rived at Fortenia he found White in
a serious condition in his home. He
brought him to Honesdale, where he
lodged him in the county jail. DIR.
Ely was called Tuesday morning.
The case was opened by the justice
who read the charge against White,
who plead Not Guilty"
NJ. f. Slmons represented the pros
ecution
George Mackle sworn: He said
he lived in Fortenia about a quarter
of a mile from the station. l was
home on June "a. 1t was Monday
and that evening about a quarter to
eight saw Ben White coming up the
road. | was sitting on the porch
reading and when White got in front
of the house he began to curse and
swear and hOler. | stepped behind a
vine. He continued to swear and l
went to the road and tried to rea-
son with him but he cursed and
swore all the more. l could see he
was drunk but could walk a little.
l said why don't you try to be a
man, Ben? Let me take you home"
l touched his shoulder and at the
touch he jumped up, pulled off his
coat and yelled, That's just what
| wanted" He picked up stone
and was going to throw it at me but
| l grabbed his arm, He aimed a kick
at me but when his leg flew up I
| grabbed It, at the same time l hit
him only once. He fell to the road.
! He got up and began cussing. He
| said, You have had one fire, and
| tonight you'll have another, and
| you'll be in it," He stood there per-
haps half hour afterwards before
! he went home. l telephoned for
! the sheriff twice. White had gone
home when sheriff arrived My
| whole family were present and saw
! the scrap.
| Cross-examined: l was setting on
| porch when White came up. Waited
| fifteen or twenty minutes before l
went out to road. White was in the
middle the road. He was drunk. I
! did not hit him with club but with
| my nSt ana only once.
Mrs. MaCkle sworn: She testified
| that she was witness to the oc-
currence of Monday evening and told
the same story. She said her hus-
| band was not in the least excited and
| did not swear at White.
Ervilla Mackle sworn: Her story
was a repetition of that previously
| given.
| The defense was represented by
Attorney Charles P. Searle.
Benjamin White sworn: I live a
half mile from Fortenia in Texas No.
2. | was walking along road that
evening and when | was some dis
tance past the Mackle house l heard
some children yelling. l says "All
Right" to myself and walked on.
| When about half way between the
Mackle property and my place Geo.
Mackle jumped over his wall and
came running toward me with a club
in his hand. He hit me over the
head and l knew no more until
came to in my house. | did not see
any of the Mackle family on the
porch as l passed and l did not stop
there. l did not swear or curse.
never swear. My jaw was broken
in two places by the blow. Don't
know how many times he hit me.
Knee was hurt. Was unable to eat
or talk for four days. My face and
neck were badly swollen. Am deaf
in right ear. DR.. Ely attended me.
did not make any threats to burn
down his house or barn.
Cross-eXamined: / was not drunk.
only had three pony beers.
could walk straight. Didn't have
any whiskey with me. Left Homes
dale about $50 Monday night, stop
ped at the creek and fished a while.
Was about quarter of eight when
I passed the Mackle house on way
home.
DR.. Ely sworn: | attended Ben
White in the Jail Tuesday morning
following the fight. He seemed to
have bad injuries at base of tongue,
hemorrhages in right cheek and right
ear. He had several bruises on
chest and neck. His throat was in
jured on right side. His jaw was
broken in two places. One blow
couldn't produce all the injuries that
White had.
Sheriff Kimble sworn: l was call
ed over telephone on June "a, by
Mackle. He wanted me to come out
and attend to White. He didn't
have a warrant. He called up about
$40. l hitched up and drove out
to Fortenia and went to Mackle's.
He said Ben had gone home. ! went
, there and after some difficulty found
Ben in bed. He didn't recognize me
and after | noted how serious his
wounds were l helped him into my
I buggy and We drove TO Honesdale.
He could stand alone when l got him
| out of the house. He further de-
scribed the injuries and the care of
the prisoner while in jail. He stat
ed that White is not yet able to eat
solid food.
3 Cross-examined: Ben had been
drinking some but couldn't tell
= whether It was whiskey or beer.
e Didn't see any signs of whiskey
e around his home or on his person.
q mntinn WAS made hY AttOrnRV