Simmons

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Simmons - ou Congregational Annual yesterday Lutheran...
ou Congregational Annual yesterday Lutheran devotional led rapped openiug appointing after election Hocker appointed Uufford, Lewars, to fill of the and subject. of the report, and temporarily of was at made a collected Harrisburg purposes Lutheran, $195.75; Harrisburg St. 50. Synod of has Pro«eedings of Court Late Yesterday Afternoon and Today. Fifty average is The but bad u: literary education, MOTION FOR NEW TRIAL FOR SIMMONS J. O. Adams, Hii Counsel Files Twelve Beaioni Wby the Verdict is Unjust— Buainesi Transacted la the Orphans"' Court Today—Argument Court Postponed to Monday, October 2- —tences Imposed by tho Court. "—-'' TESTEUIIAY AFTERNOON SESSION. The defendant testified that he first because acquainted with Mrs. Brubacber at the time of the charge June 17tb, but knew the husband as a schoolmate. This was not the first I met her. I met her at Beametdarfer's sale whore she and th children ate dinner, tbat he visited th house of Mr. Brubacher, that I reache on Mrs. Brubacher, and she acquiesce< and said,' '-If Will would see this," an stated how he accomplished it with he consent. Judge SIcPhersou—I think this stor can be told without these disgusting de tails. I think he could give in a mor general way. Witness resumed—I then went to th barn to the husband and had a couversa lion with him as to work next day; then went home; my wife and I were a the house of Mr. Brubacber after thai and all was pleasant, and after tbat Mr Brubacher asked me to call there to cu hair, which I did several weeks after wards; force was denied but she was willing as she could have given an out- higher offence than what he is legally guilty, and if the court is satisfied that tbe defendant in this case was so convicted, convicted, the court should grant a new trial. 10. The absence of resistance when New enjoy produced an country it to com Little considered. 1 ; the a of or in of cry as sbe and I saw her husband wall up the lane; the children were also playing in the TOOL_ he denied that he ran away from her, bn went to her husband. He never knew her before. I saw Sirs. Brubacher before, but I can't nnswer your question. J know that I did not see her often. 1 knew he was a married man, but I did not force her to it. I can't say now whether the husband rode or walked up the lane. I think her husband saw me going to the house as be was at the barn. 1 say her husband asked me t} cut the hair of his son and bis boy on a Sunday, but I went on a weekday, because because I had visitor?, and in general endeavored endeavored to show tbat the matter was mutual. Alter an address by J. G. Adams, esq,, for defendant; District Attorney Attorney Seltzar for Commonwealth, and the cbarge of the Court who held that defendant was clearly guilty of adultery, if not of rape, the matter was left in tbe hands of the jury. Verdict guilty; District District Attorney Seltzer for Commonwealth; Commonwealth; J. G. Adams for defendant. SENTENCES. Commonwealth vs. James L. Yoder; fornication and bastardy; oath of Carrie Coppenbaver. Sentenced to pay a fine of $5, costs of prosecution, $25 lying-in expenses, $2 per week uutil the child is oni year of age, $1.50 per week until the child is two years of age, 81 per week uutil the child is seven years old. TRIALS. Commonwealth vs. Simon Behney, charged with malicious mischief, on Juno 11, 1893, by throwing stones, kick- til at his door, and damaged his propfrty. Tne Common wealth failed in proving the guilt of tho defendant and tbe defense was that some other person was tbe conscious, and capable of making resistance, resistance, tbe want of an outcry, when the husband was known to be within calling distance; want of immediate disclosure, and want of indications of violence to her person, are circumstances of defence, and when all these circumstances are combined raise a legal donbt, sufficient to have entitled the defendant to an acquittal acquittal of rape. 11. The jury did not give the prisoner tbe benefit of tbe doubt. 12. Tbe fact tbat the defendant immediately immediately after the commission of the alleged rape went to the barn, and stayed with the husband for a considerable period period of time, and came to the premises and worked with the husband the next day and all through haymaking and harvest- ng, ie not the conduct of a man who has sommitted felonious rape, and should have been considered by the jury. Judge McPherson directed tbe reasons to be filed and argument will be had on Monday, October 2. TRIALS. Commonwealth Commonwealth vs. Joseph Dissinger. The defendant stood charged with having, having, on July Gth, J choked and kicked Irwin Boyer, a son of William Boyer, of this city. Tbe Commonwealth proved the assault and battery which was the result of an alleged insult to the lady love of the defendant. After hearing the evidence of the Commonewalth the defendant defendant withdrew the plea of not guilty and entered a plea of guilty. District Attorney Seltzer for Commonwealth; J. M. Funck, esq., for defendant. Commonwealth Commonwealth vs. John Penn. The defendant |vcaB indicted for committing an assault aod battery upon Alice M. Kittle of this city, on the July 15th, 1893. The Commonwealth showed that the defendant defendant approached the prosecutriz and insulted her, when she slapped his face md be responded by kicking her, and at he B ime time renewed the insult. The lefenoe was that the defendant thought ie knew the prosecutrix and that the nsnlt was not intentional. The case was nbtnitted without argument. Verdict, ternoon from Judge Dallas of the Circuit Court of the United States, in Philadelphia, Philadelphia, that he would hear the application of the consent of that court to the bill I in equity pending in that court, as to the crossing at Avon, tomorrow, but tbat it was impossible for him to be present at the hearing fixed for tomorrow. Judge McPherson said court will meet tomorrow morning at 10 o'clock for the transaction of snch business as may be brought before it. SENTENCES. Commonwealth vs. Joseph Moore; surety of the peace, sentenced to nay the costs. ' Com. vs. John Penn, convicted of assault assault and battery upon Abbie M. Ritter, was sentenced to pay fine of 81 and suffer suffer an imprisonment in the county jail for five days. Com. vs. Joseph L. Fisher, convicted of an indecent assault upon Jennie White, of this city, was, after an appeal by J. M. Funck, esq., in behalf of, the defendant, set aside until tomorrow morning. WILL HEAR ARGUMENT. Judge McPherson announced this afternoon afternoon that the Court would hear argument argument tomorrow of any cases put down on the argument list for Monday next, at which time Judge McPherson will be engaged in the trial of criminal cases. Adjourned to meet at 10 o'clock to- in guilty one. Jury out; District Attorney Seltzer for Commonwealth; J. M.Funck, or <"fq-, for '-'efondant. iveu Tne jury in the case of Commonwealth vg. W. H. Jonte, larceny as bailee, came into court and rendered a verdict of not guilty. PETITION WITHDRAWN. Thomas H Capp, eeq , counsel for petitioners petitioners for the incorporation of the borough borough of East Lebanon by leave of the Court withdrew the petitiun. THE GRAND JOKY REPORT. The Grand Jury presented its leport having acted upon — bills of indictment of which — were found true bills and — ignored. The jury extended the usual thanks to the district attorney and the Court for courtesies extended. Adjourned to 9:30 a. m. TODAi'8 SESSION. The fifth day's session of the September September criminal court convened at 10 o'clock. Judges McPherson, Reinoehl and Light on the bench. SHERIFF'S DIEDS. Sheriff Bowman appeared in open court and acknowledged a deed to Susannah Light, for a barn in Korth Lebanon township, consisting of 123 and seven- tenths perches. ORPHANS' COURT. C. R. Lant7.,esq, attorney for Amanda Gtsrhart, for a citation on George T, Brooks, trustee to file an account and the appointment of John Reinoehl as trustee was brought to the attention of the court this morning. A motion to make the rule absolute will be made. Estate of Joseph J. Karch, deceased. J'S'ab. Funck and P. S. Keiter, esqr., moved the court to make its order aud guilty. District Attorney Seltzer for Commonwealth; J. M. Funck, esq., on defendant. C jm. vs. Joseph L. Fisher. Tbe defendant defendant was indicted with having on June cb, 1893; committed an indecent assault n Bessie White, a girl of the age of leven years, at the home of her parents. The Commonwealth proved the assault nd the defendant denied it. Verdict uilty. District Attorney Seltzer for Commonwealth, J. M. Funck, esq., for efendent. HEARING!). Commonwealth vs. Joseph Moore, barged with surety of the peace on Au- ust 17, on oath of Isaac Oarrett. The vidence of the prosecutor showed that bs defendant was a stepson whom be id not desire- to have about his house, nd that he threw his clothing over the nee. The mother of the defendant and ife of prosecutor testified that her son came there to get something to eat which she furnished. Held under advisement. District Attorney Seltzer for Commonwealth; Commonwealth; Grant Weidman, jr., for defendant. defendant. [ Com. TS. Mary R. VVert. Surety of the peace, on oath of Kate Hunsicker Tbe prosecutrix stated that she was afraid of the defendant by reason of her threats to do same shooting because sbe alleged that she had harbored her bus- band, which was not true. The defence proved inch a state of facts that the court was convinced that both parties were somewhat to blame and the proceedings proceedings were dismissed and each party directed to pay half of the costs. District District Attorney SeltzerforCommonwealth • C. M. Zerbe, esq., for defendants. CASES CONTINUED. Commonwealth TS. Uriah Geasey; de- morrow moruing. COUKT HOUSE HOIES. The jurors were discharged for the week tnis morning at 11 o'clock. TSs attendance of women this morning numbered fifty. J. G. Adams, esq., counsel for Henry Simmons, found guilty of rape, stated to the Court that ifa.;verdict of adultery will will be accepted the reasons for a new trial will be withdrawn and a plea of guilty entered fot adultery. STORE FEHCZ WASHED AWAT. Ta* Hood of Lait Friday Had th* Pow«r to do 1C. The raiu which fell last Friday afternoon afternoon in this section wag more destruc- decree carryiug into effect the suggestion of the Supreme Court in setting aside the auditor's report to save costs and expenses expenses of further proceedings. Wm. M. Derr and C. AI. Zerbe, esqs., counsel for administratrix, were given until to- moirow to answer. WRIT OF HABEAS CORPUS. B. Morris Stronse, esq., presented tbe petition of Evan Sharp, of Palmyra, fora writ of habeas corpus, to Ret possession of his sons, Harry aud Edward Sharp, who are restrained of their liberty and not allowed to go to their father by Agnes Deemer, the divorced wile of the said Evan Sharp, and that they are not so detained for any criminal or supposed criminal matter. J. M. Funck, esq., appeared tor Agnes Deemer, and the Court fixed Monday,October Monday,October 2nd, for the bearing. MOTION FOR A NEW TRIAL. J. G. Adam?, esq., attorney for Henry Simmons, who was convicted of rape late yesterday afternoon, filed the following reasons for a now trial: 1. The verdict is against the weight of the evidence. 2. The verdict ie against the charge of the court. 3. The evidence did not warrant a conviction of rape. 4. The verdict is the result of a prejudice prejudice created in tbe minds of the jury by the unwarrantable abuse on part of the Commonwealth's counsel of the witnesses witnesses and counsel for tbe defendant. 5. The jury weie influenced by the sympathy created by the presence of the children of the prosecutrix at the trial. 6. The jury disregarded the uncou- tradicted testimony of Riley Riogler, one of the witnesses ol the Commonwealth, Commonwealth, who testified in favor of the defendant. defendant. 7. Dissent where the female is conscious conscious is aosolntely necessary to make sertion; oath of Kate Geasey. Com. vs. Augustus Bufflap and George BufHap; larceny; oath of J. M. Reber. Com. vs. Wilson Peters; desertion; on oath of Mir/ Peters. CASES SETTLED. Com. vs. Evan Shap; desertion of his children; oath of Agnes Deemer. Com. vs. Catharine Schmidt; surety of tbe peace; oath of Savilla Phillips. Com. vs. J. F. Collins: surety of the peace; oath of Ezra Kohl. Com. vs. Robert Honafius; desertion; oatb of Lizzie Honafins. Com. vs. Jacob Maintzer; surety of tbe peace; oath of Mary Maintzer. RECOGNIZANCE TAKEN. Commonwealth vs. Wilson Peters; desertion. desertion. His own recognizance in $100 was taken taken for his appearance at December sessions. SENTENCED. Commonwealth vs. Joseph Dissinger. The defendant was convicted of an assault and battery upon Irwin Bower. Sentenced Sentenced to pay a fine of $5 and costs of prosecution. ARGUMENT COURT POSTPONED. Judge McPherson announced this morning tbat the regular argument court next Monday would have to be postponed uutil Monday, October 2nd, at 2 p. m. This is made necessary because his honor must hold a court of quarter sessions at Harrisburg, beginning on Monday, September September Both. ORPHANS' COURT. Estate of Jacob Wenger, deceased. On motion of Gen. Gobin the court granted an order of sale, to be held on October 12th. The real estate is valued at $1,694.93 and the debts »2,850. Adjourned to meet at 1:30 o'clock. AFTERNOON SESSION. Court reassembled at 1:30 o'clock with all the Judges on the bench. ORPHANS' COURT. Estate of Amanda Gerhart, in trust. Ou motion of C. R. Lantz and Basslej tive than many were lead to believe, as the water of the Hazel Dyke at some points rose to four and five feet and washed everything before it. Mr. Joel Brnbaker, ot South Lebanon township, this morning was in the city, a&d in conversation conversation with a geutleman remarked that the flood came with snch force and fury that it carried awa >Jon his farm a stone fence that had beitt standing for over 100 years. On his lirm the water came up so suddenly th&f it almostde- stroyed fonr or five head ?.{ cattle. Ths water took them along an 5 } had they not been washed to a side of * hilt they undoubtedly undoubtedly would have bet^, drowned. He said no person can have t. proper conception conception of the flood without having seen it. LOOKING FOB THE MUBDEHEB. • A Hungarian in the County Prison Clouly .Questioned. Chief of Police Roily Ringler yesterday visited the county prison and there ex amined more closely John Gray, the demented demented Hungarian, who ou Wednesday was sent to jail by Mayor Garrett as being too dangerous a man to be permitted to run at large, armed with a large knife'as he was. Tbe Chief discovered his name to be John Gray. He talks a great deal about Tyrone, at which place he proba bly was last employed. His linen bears the name of John Gray and on bis hat band is the name of a dealer of Bellefonte Reily thought that the Hun might be the man who outraged and killed little Agnes Cooper Wright, but he discovered nothing nothing that might connect him with the deed. The fellow, however, should not be permitted to roam our streets when his few days' sentence has expired. Wtdding Ksception. Mr. and Mrs. Elmer Schnepp, who on yesterday morning were united "in wedlock wedlock in St. Mary's Catholic church, last evening held a reception at the residence of the bride's patents, No. 314 Lehman street, when fully 100 persons called to extend their congratulations. A happy evening was sp.nt and the newly married couple were made the recipients of numerous numerous presents. Bobbtd of Her Fnrse. Mrs. W. V. Light, of the Independent District, who has been visiting the World's Fair and friends in the West, returned home today. She states that while in Columbus, where she was compelled compelled to wait for a change of cars she was robbed of her pocket book, ticket and trunk check. Her name being on the tinnk she bad no difficulty in eettine it at the C. & L. depot. T rent. man. J« £ old, is a solid carnal knowledge felonious and this dissent dissent must be evidenced by her utmost resistance and in this case there was no evidence of such resistance. 8. The house wherein the alleged offence offence was committed was within calling distance of the barn, where the husband of the proseeutris was at work at tbe time, and known to the prosccutrix, yet she did not even make an attempt to make an ontory, is a strong presumption that her evidence ig feigned and the jury should have so regarded It. 9. The policy of the law is that a de-, . Boyer, esqs., the Court approved George W. Kreider, esq., to take the testimony returnable to October. RECOGNIZANCE FORFEITED. Com. vs. Lincoln Hauer, desertion of his children, on oath of his wife. The defendant not appearing, the recognizance recognizance was forfeited. TO SET ASIDE A VERDICT. J. M. Funck, esq., counsel lor Simon Behny, charged with malicious mischief, moved to set aside the verdiet, because it is wholly inconsistent with tbe finding of the defendant, "not guilty," aud inconsistent inconsistent with tho evidence. CAPIAS AWARDED. District Attorney Seltzer made a motion motion for the issue of capiases in snob cases in which the grand jury directed the costs to be paid by the prosecutors. Tbe court granted the motion. CASE CONTINUED. Com vs. David J. Daub, desertion, on oath of his wife, Jennie Daub. After Haymakers Meet Tonight. Tonight tbe Haymakers Association, No. 276^, will hold their regular monthly meeting. Several captures of tramps have been made who will be taken before before the Chief Haymaker for trial and will receive the usual punishment. Le all members be present. Huntingdon Reformatory. Csnstable Sattazahn will take.Hiram Boeshore, who plead guilty to burglary, and Frank B. Hassler, who plead guilty to larceny as bailee, to the reformatory at Huntingdon, tomorrow morning in the 6:25 train, over the C. & L. railroad. P suit, other I on L Reply Midi) , The Little Tycoon Company. The Little Tycoon Opera Company, numbering 40 men and women, arrived in the oily this morning from Reading. The ooirpany, unable to get quarters at one hotel, has taken lodgings at seveial of tho hotels. In a Prosperous Condition. Tnlpehocken Council, No. 941, Jr. O. U. A. M., Myerstown, is in a prosperous lu. prepared F man house modlons can very water Is one city For condition, and at the last meeting 21 ap plications for membership were received. Ic is one of the most active councils in the county. New Crossing. Highway Commissioner Beard this afternoon placed a force of men at work tearing np the old crossing at the corner of Ninth aud Cumberland streets. The old one will be replaced by an asphalt crossing. consultation with District Attorney Seltzer, for Commonwealth, and J. M. Funok, esq., counsel for defendant, the parties agreed to settle their differences, which merely consisted of the wife's refusal refusal to live with the grandmother of the defendant for reasons which sbe considered considered sufficient, and which the defendant defendant desired. STREET BAILTVAY CASE POSTPONED. Grant Weidman, esq., solicitor for the Lebanon & Myerstown railway company, in the Injunction case against the receivers receivers of the Philadelphia & Reading Railroad Railroad company announce* to the court that Box 13. Supt. John O. Oliver, of tbe fire alarm, tomorrow noon will test Box 13, corner Eighth and Chestnut streets, for the purpose purpose of seeing whether the connection is properly adjusted. Twice next week he will make tests of all the boxes. Vestibule Train Wrecked. CHICAGO, Sept. 22.—Twelve bodies so far have been taken from the wreck o the 'Wabagh vestibule train, near Kings bury, Ind., caused by an open switch It is believed 20 more are dead. With Girls; and Orchestra. THE Eeserved BepIS fendant should not be convicted of a I he bad received a telegram yesterday af- Strength and Health. If yon are not feeling strong an< healthy, try Electric Bitters. If "La Grippe" has Jeft you weak and weary, use Electric Bitters. This remedy acts directly on Liver, Stomach and Kidneys, gently aiding those organs to perform their functions. If yon are afflicted with Sick Headache, you will find speedy and permanent relief by taking Electric Bitten. Bitten. ODD trial will convince you that this is the remedy yon need. Large bottles bottles only 30o., at Geo. Rosa & Co.'g Drag Store. The Irish Ef Direct Special PRICES, Reserved .iept21

Clipped from
  1. Lebanon Daily News,
  2. 22 Sep 1893, Fri,
  3. Page 1

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