The citizen. (Honesdale, Pa.) 1908-1914, 1912-01-19
ARIEL MILL CASE
Continued from Page Four


Bortree said the daily volume of
business done by the firm of S. c.
Bortree & Son in 1911, ran any
where from $50 to $3.50 a day.
One of the jurymen wanted to
know whether all the data was there
when the settlement was made. He
was informed that Floyd Bortree
testified it did not include any of
the items which it is alleged Swarts
improperly took The three items
which it Is alleged were embezzled,
are as follows: NJ. Alpha, May 10,
S2.70; f. Sayits, May l2, 40c; E.
Ammermann, May 13, SOC.
At 1886 a. m. Attorney Scragg
began his argument to the Jury, for
the prosecution. For one hour and
seven minutes he hammered away at
the twelve good men and true in an
effort to make them believe that
Swarts was guilty of the offenses
charged in the indictment. "A
man." he said, lis a crook, who pill
fers money. | don't care whether
it's in the wilds of Wayne county
or in the metropolis of New York" "
In speaking of the three offenses
which Swarts is alleged to have com
mltted, Mr.. Scragg said: "If thing
! happens once in a while, it's an aC-
| Cident; if a thing happens twice, it's
coincident; if a thing happens
| three times it becomes habit
Following a five minute recess Al
torney +. p. Kimble made the open
! ing argument to the Jury for the de-
| fense.
Interest continued undated in the
celebrated trial, and the court house
| benches were we'll filled with an
| eager crowd who were drawn there
to hear the brilliant closing argu-
ments Of the celebrated Scranton
lawyers.
All through the trial, Mrs. Swarts,
the defendants loyal and energetic
| wife, who has been successfully con-
| ducting her husbands poultry busi-
ness at Lake Ariel, while he is en-
| ployed in a Scranton store, occupied
front seat in the court room di-
reCtly behind her husband. Wist-
| fully she watched the progress of the
trial Once in a while a twitching
lip, and rapidly-closing eyes betrayed
the close interest she took in the
! trial where her husbands entire fu-
| ture is at stake She was neatly at
| tired in a brown tailor-made gown
and wore a stylish black hat.
| Following the calling of the dock
ct by Judge Henry Wilson and the
confirmation of the accounts and the
widows appraisements by the court
| Thursday afternoon, Attorney r. H
| Holgate of Scranton, began his clos
| ing plea to the jury. 1t was an i'm
passioned and eloquent appeal he
made to free his client and was lis
| tened to with closest attention by
all in the court room. For the pros
| ecution District Attorney Simons
| summed up the case in a mastery
argument. Judge Searle charged the
| jury and the fate of Poultryman
Swarts was given into the hands OF
the twelve good men and true.
COURT NOTES.
The case of Tellep versus Chap
lax, listed for trial at this term OF
court, has been settled.
In the matter of L. r. Hampstead
VS.. c. A. Cortright & Son. Prothon-
otary ordered to strike appeal from
the record unless satisfactory bal
be entered on or before Jan. 20
1912, at 10 a. m. or show cause why
bail Is not sufficient.
In the case of Martha A. Surplice
VS.. VIM. II. Surplice, Jan. IS, F. c
Kimble. sheriff, ordered to execute
deed to Martha A. Surplice.
In the case of Martin Hermann VS.
c. A. Cortright & Son, Jan. 16, rule
granted on defendant to show cause
why certiorari should not be strick,
en- from the record or the fail per
fected
Attorney c. P Searle apprised the
Court, Wednesday morning, of the
gift made to the Bar association by
II. G. Rowland of a crayon portrait
of his father, the late lamented Hon
o. l.. Rowland. In accepting the
picture, Judge Searle said: I'VE are
glad to receive the picture. Tel
him the Bar is thankful they have
the likeness of his father. We de.
sire to have it hung in the bar of.
fee"
Wednesday morning, Judge Searlt
appointed Nathaniel Wood supervis
or of Damascus township. Four pc
titions were presented to the Court
asking for the appointment. Mr.
| Wood received the appointment be-
cause his petition contained the sig
natures of 95 electors of that town.
ship, while the total number OF
names on the other three petition:
only reached So.
Accounts that were confirmed
nisi Monday were confirmed abso
lutely Thursday by the court.
The Rev W. II. Swift, ID. D., past
or of the First Presbyterian church
HOnesdale, occupied a seat on the
bench with Judge Alonzo T. Searle
Wednesday afternoon, and was ar
interested spectator of the proceed
ings in the case of S. c. BOrtree anG
Son against G. w. Swarts.
The only case left over on the civi
list for January term is the case ot
Miss Emma Conley VS.. Miss Kate
McKanna, which will probably be
called for trial, Friday.
There is only one Commonwealth
case left to be tried at this term OF
Court, the case of the Common
wealth versus William Marks.
Senator Mcdonald, Scranton, and
f. NJ. Gardner, Esq, Forest City
were interested spectators Wednes
day of the trial of G. w. Swarts foI
alleged larceny for his employers
= q Rnrtraa g Son tho T.aka A ria