The citizen. (Honesdale, Pa.) 1908-1914, 1912-01-19
CELEBRATED ARIEL MILL
CASE IN JURYS HANDS
S. C. BOtpe g. Son Charge POuHyman G. ".
SWartS With Larceny
Large Crowds In Court Room During Progress
OF Three Days Trial OF The Holly
Contested Case

with spectators, Tuesday morning,
when the case OF the Commonwealth
versus Geo. w. Swarts, was taken up
for trial. Assisting the District
Attorney, NJ. Z. Simons, in the pros
ecution, were K. c. Mumford, Esq,
and John T. Scragg, Esq, of Scran-
ton. Attorneys Frank p. Kimble
and VIM. H. Lee appeared for the
| defendant.
OF the large number of indictments
pending against Mr.. Swarts, the Dis
! trict Attorney chose to try that of
| larceny by servant. This indictment
was found at the last term of Court.
A plea of not guilty was entered by
the defendant. The following jur-
ors were then called into the box:
Raymond Dennis, farmer, Lebanon;
Chas Robson, farmer, Damascus;
Chas. Varcoe, farmer, Clinton; Les
ter Mcintyre, glasscutter, Texas;
! David Scudder, farmer, Oregon;
! Warren Brown, laborer, Dyberry;
VIM. Mcintyre, farmer, Berlin; An
drew Cowles, glasscutter, Texas;
Martin Lilholt, farmer, Damascus;
John Dorbad, carpenter, East Homes
dale; John D. Bryant, carpenter,
Honesdale; Lewis E. Hooker, farmer;
I Damascus.
In his opening address to the jury,
District Attorney NJ. E. Simons out
| lined the facts in the case which he
expected to prove. For a number of
years, it seems, G. William Swarts
was employed by S. c. Bortree &
Son in their mill at Lake Ariel. The
alleged offense for which Mr.. Swarts
is being tried is said to have occur
red May 10, 1911, when a Mr.. NJ.
| Alpha, Arlington, came to the mill,
and bought feed of Mr.. Swarts for
$2.70. This amount, it is alleged,
was not entered on the machine used
by the company to keep a complete
daily record of all the business
transacted at the mill.
Witnesses who testified at the
morning session were NJ. Alpha, Ar
lingtOn, Howell Bortree and Floyd
Bortree, Ariel. Court adjourned at
noon and the case was again taken
up at 1880 p. m.
District Attorneys Opening Address.
For a number of years Mr.
Swarts was employed by S. c. Bor-
tree & Son in their mill at Lake
Ariel. We propose to show you how
Mr.. Swarts kept the accounts he had
with Bortree and Son. They had a
register that we will show you on
which Mr.. Swarts kept his accounts.
He was given in the morning a bag
with change in it and then at night
after the days work was over, he re-
turned the bag with the amount of
money to Floyd Bortree and aC-
counted for ita by a record kept by a
little machine. This is a little ma
chine on which there is an outside
slip to go to the customer. Under
meath there is carbon copy, and he
put that on a shaker. Then there is
wheel on which they roll up their
records for one day. At night he
; would tear that off, put it in his bag
and give it to Mr.. Bortree. 1t was
; supposed to be a complete record OF
the days business.
Wen show you than on May 10,
Mr.. Alpha came to the mill and
bought feed and paid to Mr. Swarts
$2.70. Also that the amount OF
money given to Swarts in the morn
, ing and the amount he returned at
night and show you this amount
, $2.70, was not on the record at all
"Well show you that on the
= twelfth OF May that the exact amount
Mr.. Swarts received in the morning
= and the exact amount which he re-
e turned at night. Mr.. Swarts paid
him during the day 40 cents. We
= will show you that this is not on the
record, and that the amount paid
over tailed with the record. The
record don't show this 40 cents.
4 ION the 18th of May that Mr.
y zimmerman was at the mill He also
bought some goods which he paid
r for. That after he had bought these
a and paid for these he bought some
: more, small package and he paiC
so cents for it. That there was NJ
o record of this fifty cents at all. Tha
q the amount Mr.. BoTtree received a
! night tailed with the record. Blu
\ this amount was not on the record.
\ The first witness called by thu
). prosecution was Mr.. Adpha, Arling
n ton, who testified that he saw
Swarts at S. c. Bortree e Sons mill
Ariel, on May 10, 1911. On tina
= day he bought three bushels of oat
4 and 100 pounds of feed. Mr.. Alph'
q paid Swarts $2.70 for the who'll
4 didn't get a slip.
When cross-examined by Attorne
Kimble he claimed he kept track o
the date in his head The witnes
didn't know, though, where he wa
Ol way y VI NAY II. ne Sdlu pONl
= he and his wife knew OF the May 1
Il purchase. The witness raised roa
0 of laughter when he said what
% don't know, my wife knows. Wha
! she don't know, ! know" "Betweel
u you, you ought to know everything,
9 said Mr.. Kimble. well, l ough
s. to-" answered Mr.. Alpha. Alph
said he paid for what he bought al
o In paper money. He helped load tn