The citizen. (Honesdale, Pa.) 1908-1914, 1912-03-15
ARIEL MILL CASE BEING TRIED
AGAIN
G. w. Swarts Charged by Floyd Bor-
tree With Larceny-Similar Case
Before January Court-Many
Witnesses Testify,

Before January Court-Many
Witnesses Testify.
The celebrated Ariel mill case
which caused SO much gossip in the
southern part of Wayne county, af-
ter the jury in the January term of
court freed Swarts of a charge of
larceny against S. E. Bortree & Son,
is again up in court. This time the
prosecutor is Floyd Bortree. son of
S. E. Bortree, of Ariel, and asso-
ciated in the business with him. At
torneys for the prosecution are NJ.
e. Simons, Harmes, of Hawley, and
John G. Scragg, of Scranton. For
the defense are Attorneys Richard
Holgate, w. H. Lee and f. p. Kim
Bile. The jury was drawn on We'd
nesday afternoon and was composed
of Horace Bender, Lehigh; Stanley
Adams, Lehigh; John Theobold,
Honesdale; j. B. McGivern, Leban-
on; Robert Gregg, Texas; Clark
Enslin, South Canaan; A. Hought-
ling, Damascus; Bayless Bullock,
Dyberry; r. j. Anderson, Manchest-
er; Charles Hemstead, Buckingham;
Peter F. Schmitt, Palmyra; A. T.
Bryant, Honesdale. District Attor-
ney Simons gave the opening address
what the prosecution proposed to
prove.
Court was adjourned after Attor-
ney Simons finished his address.
On Thursday morning the first
witness called by the Commonwealth
was Howard Peet He stated that
he was driving the U. S. mail be-
tween Feb. 1911 and August 1911.
He stated that along with his mail
route he was in the habit of carry
ing express and packages for differ
ent parties along his route. He said
that on April II, 1911, he stopped
at the mill of S. E. Bortree & Son
to deliver mail. He met Swarts and
he asked him to deliver some feed
to his house. He delivered, he stat
ed, about 700 pounds of feed to the
residence of G. w. Swarts about
mile from the mill. Swarts paid him
so cents for the trouble. On cross
examination he stated that there
were several teams tied outside the
mill at the time and there were al
ways people around although he did
not see anyone at the time. he
thought nothing of the transaction
and stated he delivered feed for
Swarts several times and also for
other people.
Daniel Swingle was the next wit
ness called He stated that he had
lived between Ariel and Salem for
about 13 years and knew both
Swarts and the Bortrees. He stated
that he was at the mill on April 10,
1911, and that Swarts had asked
him to deliver some feed for him.
He did. The articles were a small
bag of about so pounds of feed and
one barrel of binder twine. He de-
! livered them from the mill of S, e.
Bortree & Son to the residence of
G. w. Swarts which he stated was
about a quarter of a mile from the
mill. He stated that he had de-
I livered other times for Swarts. On
cross-examination he admitted that
| the mill was a pretty busy place and
there were teams standing in front
! He said Swarts did not conceal the
! transaction and he thought nothing
of it because he had delivered other
times for Swarts.
Harold Bortree was sworn. His
! testimony was that he was a son of
| S. E. Bortree and lived near the mill
! He knew the general run of business
| there. He had delivered feed to
| Swarts house from the mill several
! times. Thought nothing of it. He
said Swarts had general charge of
| the mill. He kept track of every
! thing delivered to Swarts' house.
! On cross-examination by Holgate he
stated that he did not keep a record
of other sales but did of those con-
cerning feed for Swarts. He would
not produce the book.
Edward Corey was sworn. He
stated that he lived in Tresslarville
and knew the Bortrees and also had
transactions with Swarts. He stat
ed that he had delivered 1000
pounds of feed from the mill to
Swarts' residence during January
some time but could not give the ex-
act date.
On cross-examination he also stat
ed that he saw no one else around
the mill at the time but teams were
standing in front of the mill.
Rev. j. Van Solver testified that he
went to the mill on May 10, 1911.
He denied purchasing any articles
but stated that he got ball of bin
der twine there and asked If Mrs.
Bortree would give it for use in
church. SwaTts told him NO" but
that the Squire would, meaning S,
e. Bortree, and Swarts says, "If he
don't give it to you, I'll pay for it,
A few more witnesses testified for
the prosecution and they rested their
case. AS we are going to press G
w. Swarts went on the stand to tes.
tifiy in his own behalf
Mr.. Swarts testified that Mr.. Peet
delivered the goods for him from the
mill to his (SwartsD place, and Mr.
Swarts also produced a bill and draft
in evidence showing that he had
paid for the goods purchased.
! SIIIr STARTEn In SCR ANTON-