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Wellsboro Agitator, The (Newspaper) - December 11, 1907, Wellsboro, Pennsylvania VOL. 51 THE SHERIFF'S FEE Important Opinion of Judge John Ormerod Filed Last January Edward B. Dorsett presented to county a for for travel fees In jurors miles at ten cents a The claim made under the act of but the ty declined to holding that another clause of the same providing cents for summoning juror to attend was specific and covered all lor which the county was Ex- Sheriff alleged that other counties had paid such bills under the items of Sheriff's As the case was Important as to 1 the interpretation of the not on- Jyr in this but throughout the a case stated agreed upon and the was argued before Judge specially presiding in thig county last Judge Cameron could not hear It for the reason that lie was interested as counsel lor Sheriff Dorsett before he went upon the The Commissioners represented by their Merrick and Thomas A. Dorsett was represented by Messrs. Sherwood The following is the opinion in full down by Judge The facts agreed up in the Stated raise single question whether tbe the entitled to recover from county of mileage traveled by him in serving jurors with notice of their drawn as such for attendance to courts of tiie It is a well known principle that no fee can be taxed against the ty unless some lative provision for it. At common law neither the Commonwealth nor the is liable for before there can be recovery by plaintiff he roust act of Assembly making the dant The method of summoning is provided by the Act of April 14th. 183-4, P. 364, and delivering to each of said sons a separate ticket in the ary j ing tie duty or by leaving such ticket in their usual The first section of the Act of July 1901, passed to fix the fees ta charged by the sheriff snail to charge and his In connection with the drawing and as For drawing jurors tor each term PA. DECEMBER 11, 1H07.' WHOLE SO. 2, r specified and provided in The same has been ruled by His President Judge S. Venango Common No. August in the case of county ot in- which ruling we And Jn favor of the And December 2nd, 1907, on facts agreed upon In the case for the reasons is ordered that this opinion be filed and notice given ta the that are within thirty of said notice that ment be entered In favor of the de- against plaintiff for costs BY THE FARMINGTON BOY Carlton H. Van Son of Mr. and Mrs. Van ed in Chemung River at H- Van aged 16, second son of MT. and Mrs. Fred Van of whose home is about three miles from Was drowned in the Chemung river at while skating last day The young man was a student at school in and was boarding with his Mrs. F D. at 417 West Water or oi addition to one dollar for each cents for each Juror to attend all of these fees to be paid by the It is that under this ion no can be plying unis section it that ed that the Sheriff's entirely covered by ing the absence of any specific vision in the fee for services in executing the thp reasonable inference is that the allowed for that official act was intended to cover all services But it ib contended by plaintiff that the shrriff is entitled to mileage under paragraph relating on pase 666 of act. which reads traveling ex- penses or mileage in serving or cuting any of tbe writs tir performing of the duties herein specified and tended to or authorized by tie sheriff be entitled receive and have as costs Un cents a mile for traveled and the saim to bo allowed on prongs or service provided that shall not receive tban mileage the This is. the first accident ot the kind at this winter and street of boys and girls were on the river though the Ice was none too the weather was calculated to rot tpe rather than to increase Van who before skated on the Hver seeing others having a good thought he would join in Securing a pair of skates be started out to enjoy The young man crossed the Having near at hand he kept on the outskirts of the He was near the ice houses on tbe side the ice suddenly gave way over a deep In a moment he was struggling in the wa- ter and shouting for It was evident that he was accustomed to the for he bravely exerted himself to secure a iojd on the firm ice. Others seemed too dazed to render much Besides they not get near enough to lend a While several for Van Dusen to reep himself above surface of the who witnessed his never forget the ay he must have kept himself tor ai le vainly waited for Finally he threw up his hands and Clipped under the ice. Evidently he lad become exhausted from the As soon as boards and a be those nearby sought for hoping they could get it life became but it was hatf hour the body was His parents and one brother vive the oldest son pi Mr. Mrs. Van Dusen died in Wellsboro several years The de- ceased was a young man of good and of the highest and was well-liked by all who knew him His death Is. a great blow to us parents and many friends and the sympathy of all is extended to the bereaved The remains were taken to the family home near on of I IBs and -in two or more are the same That this has no cation to travel in serving a venire is apparent from the sheriff shall be entitled to and have taxed as indicating that had in mind were chargeable and for which UK tiff or defendant might become The language following indicates to which cases it shall be that he shall not receive than one where the plaintiff aid defendant or plaintiffs and In two or more are the saire has been made by the plaintiff to the emission from the act of of tbf contained In tLe act of 186S. P. L 3. in the of art of it necessary to insert the words because in that act the provision for mileage was a general but in thp act of no such H was that allowance of mileage was not made in general termi but in word's in the particular paragraph dealing with each In with it was intended should be The suggestion that the would not without com- In without Tht re are many upon public particularly sheriffs for there may be specific by V S S. R. Numerous he to tht principle that nn official takes hi office Directly in Is the case of Sem 124 n mileage travel ed in visiting places within his wick where liquor was This duty was him by tht act of 1SS7. The court below held that he was entitled to recover under 1he provision of the Fee tne same fee be paid for services herein provided for as for similar The on re- versed the court holding that public officers who are paid take and hold their offices They can no l E R C HIV E COURT Work of the Civil Court Last Week on Unimportant Late Tuesday afternoon a jury was called In on the case of Eugene ris vs. E. Hazlett and Samuel When court convened Wednesday morning it was that the case had been This was a over the sale of It was tried once in this county court and the jury The next caste taken was L. Mack vs. C. L. This case comes from Nelson The plaintiff swore that he tad been a tenant on farm of the defendant the spring Of 1903. Last April settled their accounts and he moved off When the was made the in the barn was not but it Was i agreed to press all the hay but about in the bottom of the A press came there at and ed the the defendant had about six feet of hay left unpressed in this mow and not two feet as I Before the hay was pressed j and delivered the plaintiff vacated 1 the premises under a promise by the defendant that the might 1 come and get his share of the As 4 ag the hay was pressed the de- fendant the barn i hav was and refused to allow the i plaintiff to get his share of it and for that reason this was brought I to recover the amount hay ed by which was Worth about These facts were corroborated 1 by several The defendant claimed that in his settlement hay not L as bound to leave as 1 much hay on the farm as be found when he took possession of and so small set off. He swore tbat he told the plaintiff tbat the could have of the hay that was left after deducting as large a quantity as the plaintiff found on the The jury after being out a short time returned a verdict for the tiff for the sum ot The next case was M. F. Bailey and W. L. Horam vs. E. all the parties residing in Wellsboro It to lie a which never ought to have come before the county The plaintiffs claimed that during the months of February and 19 the large windows in the front of their store on the east side of Main street were repeatedly ana besmeared chewed up and other They claimed that this occurred as aS thirty-five or forty during these three witnesses swore to seen uu MT. Horam swore that t WBECK AT THE Two Freights Came Together An Erie known as ond and a Central known as Came together yesterday morning about 5 a few rods south of Stokesdale Junction smashing three derailing several more and aging other besides both The Erie train was by engine No. In charge of Engineer and Conductor of The drawn by Central engine Was In charge of Engineer and Conductor also of The Central train was backing on the Northbound while ing cars and the trains came gether at The tender of engine was badly smashed and pushed upon the pilot of the Erie the cab of also crushed Fireman of was shoveling coal on the Central engine and when the crash came ihe was hurled into the air and on top of the smashed it was a miraculous The huge engine was lifted track catoe down on the ties and the Of the was sufficient to derail several far back in tbe one of a loaded tank Just behind the Erie engine was several carloads of structural and these were transmitting the force of the collision to the cars In the The front of engine was slightly The track was not cleared until er WEEK OT Naturalization Before the United States Examiner on As this is the third week of the regular tha time on A SINGULAR Dilemma of the Delmar Supervisors Over a Subscription When was talk of building the new state road In Delmar ship there was a difference of as the township should undertake it or There i was considerable interest In the ject in and at last it was announced that there had sub- scribed the sum of by about a dozen residents of to be paid over to the township when the road was built and accepted by the Whether this small ment had anything to do with the i hastening of the petition for the road I by Delmar or not we cannot the road was built and has been i by the and through tbat improvement Wellsboro is in line for road Improvement from the tion of the Delmar road at the ough line on West down Mala street to the brick pavement ready The Delmar then very naturally desired to realize the towards portion of the One of the supervisors was in town last week having the original in his he presented It to one of subscribers for of his The gentleman said had not signed a and called the super- visor's attention to the that the signature was not in. his the second gentleman on it de- that the first six names on the list were written in apparently the same whose we do not pre- tend to Certainly they were riot the signatures of 'the men Other who did sign their claimed that the person the list agreed to get a total of and when that was done fifty per of the subscription was to be The word Of the promoter not being i readily obtainable at this William S. Assistant U. S. of was here and applicants for Six applicants appeared be- fore Of three were two were rejected and Arthur of but now residing in told iy Gregg tbat inasmuch as he had moved from this judicial Jurisdiction since he could not be naturalized but Would have to file his Mrs. John aged 67, died Saturday morning about 6.30 at her home on street of cer of with Which she t tiad been afflicted for over five to her bed for the past five weeka and was a great j Her maiden name Anna daughter of John and Elizabeth Schaffer and bhe born in j on February 20, When t -ent occasions he sat iff the store saw the defendant besmear the and Mn Bailey swore that he saw the defendant on one Mr. Horam swore that It was worth on the average a time to clean the windows the weather was so cold that the could not be ed but had to be Tie defendant he did not do as by the That lie never the windows in question ot had any one else do It. Several witnesses were sworn for the defendant to contradict the plaintiffs in bome details and also to show that the were mistaken in the person when said they saw the defendant commit these The returned a verdict for Mr. All the jurors except these called case of Bailey Horam vs. Evans Discharged late day afternoon the rest were Action taken in the following divorce Blanche S. Looney Vs. Lewis S. S. vs. Robert leave granted to proceed parte Monday in fixed for a. J. Wood vs. Lizzie alias Burt White vs. Lizzie F. altas vs. tition where life One of Robert of was highly complimented hs the er After listening to in- made to the tions asked Mr. Gregg told him that he knew more about the of this country and Its form of and the most applicant it had been his pleasure to and Recorder R. yesterday morning granted an issue in the case and the cabe will be tried before a i CHARGED WITH But we can say that the Delmar are somewhat surprised the sudden shrinkage of a posed and don't know what to do about the ering alj Of course they can get along without the if they have but there appears to be a moral obligation somewhere just where we cannot say until we hear the The supervisors pay the township's portion of new and WP know another person pay that but tne paper will be 3cept on turns MAN Office of G. M. Spalding Entered and Safe Cash The Office of George M. ing on near the N. Y. Central station was entered by burglars Friday but the thieves got but little for their f tough-looking men bought at Friday evening for arriving here on train 10. They were to get off the j but have npt bwn seen in this ty bince and suspicion points to them j as the The thieves entered the by the far then the j back door them an easy road j to escape if down the curtains on the then went at the big a Their indicates that they but used no They left behind a peculiar and very jous wooden contrivance holding a steel which was used for ing out the combination They evidently knocked off the knob with a heavy ed out the tumblers and thus got at the interior of the Which was outside of the safe were locked only on one and if they tried to unlock it evidently succeeded only In doing the it on the whole This goes to that the burglars wera not lotk They the cash drawer of the containing only about in with about in and several valuable ot no to anyone but their rightful they took with They overlooked in cash in a leather book The burglars have made much noise In breaking open the but they evidently figured on this as not very risky owing to the fact that a- gang of trackmen were at work the Neighbors heard the pounding and supposed it was the track just as the yeggs thought they The damage to tbe safa is only about Mr. offers a suitable re- ward for the return of book containing the papers of no use to but FIRE THURSDAY Livery Barn Damaged by Fire Caused by Poor About last Thursday evening tbe carriage storage roora in livery barn of Mr. E- on Water street was Discovered on heating DEATH OF A PROMINENT Blanchard Held to Court on Serious Oliver ot was arrested Monday afternoon and brought to where he was given a hearing Justice the Peace O. H. He is charged with set on fire the barn in Charleston belonging to Mr. W. H. BowenT -An of fire appears in this developed the hearing that Blanchard was iu Wellsboro day evening to atend a he left here about 1 a. turned off the road leading to flats and went around past the Bowen down the mill and via the run road arriving home lire was between 2 and 3 was driving a rig belonging vo Mrs. Isha of. the horse having newly shod on Thursday and there was a calk ing from one of the Thus the rig Was easily tracked through the snow and the evidence pointed the fact that visited the en about 2 a. m. The showed unmistakable evidence of hard driving Mrs. Blancbard has not lived with her husband for six She been living with her The evidence brought out the fact that bad bwn differences In the family and Justice Davis held Blanchard to court to answer to the charge Part of His Head Shot of shot himself about 10 Wednesday morning and in all probability the wound prove lives just off the road and not from the residence of B. A. He bad hunting and jast re- turned Hf was about to place his gun in a corner when the trigger caught on the a cupboard and weapon was The charge entered the Ride of head tearing a off. the skull nearly two inches wide and three inches Doctors H. B. Knight and F: C. Gorham were called and dressed the Frilly two of the brain had to bo of H. 5R, died morning lit o'clock at hiT In Charleston after a year's a of the late Mr. and Mrs. and WKK born In Charleston on No- vember 6, On October 17, 1S71, Rhe was married Jo Mr. who with One Charles of and one Mrs. Thomas of survives her Funeral will held morrow at 10 a. m. at the ton Baptist of which Mrs. was a Rev. B. H. Eddy will burial In loe Dartt Settlement IT. H. Arnold in Jail at on a. Serious The News arrest of Lewis Henry at day on the charge of a scheme to in thp malting use of the United States its iar was indicted by the grand jury of the United States district court at in 1906r but was a fugitive from justice at that and the authorities were unable to apprehend him until last when he made his appearance at Con- stable at that place served the warrant and brought him to this where United States committed him to jail to await trial at tbe next term of the third week in naa nnt had a hearing and it appears that he will not get Commissioner Bentley states that it was the duly of. justice of the peace who issued the warrant to give him a but since that was neglected he does not what right he has to interfere with the progress of the it it under- being caused by an overheated which had just burned Em- ployes immediately on a stream of water from small in washing wagons and bly would have been m the had not the hose been broken by en- tangled on a buggy which being run fire department quickly re- to the alarm and In a short time had two lines of hose at- to the hydrant the corner of Wain and Water but no water came because the hydrant was out and by the time hose was connected to the hydrant at Crafton the flames a good As soon as the firemen had a chance at the the made short work of it ant the firy wab put out in a very few In tbe meantime most of the con- tents of the building been re- of in the harness fehop of Westbrook on the second The building was in upper Mr Nichols estimating his loss at severa hundred Mr. brook's loss is He bas The late Charles S. of a Leading Mr. Charles Sumner head of the Central Pennsylvania Lumber died at his home In last Wednesday evening of His fatal Illness came With tragic suddenness on Wednesday while Mr. Horton at tils business He bad attended to in the forenoon apparently in his usual and in the after- noon when he appeared he was ful and seemingly as well up to when be- came and remained In that condition until he died Mr was not yet years f He wai the eldest of and Harriet Burr oth and was born on ary 1503. Lake Wayne Pa. He survived by Stella M. and three Harriet Burr and One died about a year The bisters and brothers also Daniel B of Miss Lillian M. on and Mrs. G. W. of Mrs. J. M. of Am N. Mrs. F. of Leroy R of James of Meehan Miss. Lucien B. of The Hfe of C. was one of starting with an humble clerical position and caching the summit of At N. ather established a he re- a public school which supplemented by a course n the Geneseo State yter he left school he an appointment to the United States Military Academy at West but rom shortly to begin a business career He became a clerk for Walter at Later he engaged in i ture of lumber and nibs at N. Y. In 18S4 Mr. took a position with feole tanners at English In he superintendent of the Leicester at th's two jears later s a member of the Thee of concern timber ands likewise a m Warren and a leather business in The States Leather Liy m 189a acquired the and Mr. ton was dent and later presold nt of the Tanning of tile Leather com- willi at rare he is accorded a hearing or not and Is willing to remain in Jail It ib ateo that Arnold is willing to plead It is alleged that Arnold peddled ry for as many as thirty and neglected to return the portion of the money due the He is charged using cancelled by taking portions of stamps that were and pasting them j together with other good portions and j making a fairly presentable j He Is said to operated at Athens and this port In Mr. Horton tlie t' tf of the largest cf hemlock in tne Vt that the Central Pennsylvania was with Mr Horton The tanning controlled vast timber tracts that erj operated for bark It tnat the business be handled to best advantage by ing great to ture the timber from and the Central Lumber Company the result This com: now eight equipped It peels and delivers to the tanneries bj the I'm ted SUtes er company 000 cords of bark per annum Mr. energy and ability is ble for the success ot the great cor- C. also dency of three railroads controlled by thr Central Lumber He wab of thf Cotton Lumber of president of Campeche Land ber a a director of the tional of a di- of the fentral Com- pany of the and a di- rector of the of Pa. He was a friend ami liberal with her where she grew to and on March i sire wab married to John j of To Hum four children were two of with her and Mrs. A C. both of Two and John both of and also survive Mrs. Miller a member of St. Paul's Episcopal church and was an estimable Her death is mourned by a host of Funeral services were held on afternoon at two i William burial in the Wellsboro i Family On the Dewey family held Us first reunion at the L. Dewey In N Y Hiram A. was elected president and Gilbert E. The family will get-together again in Woodland the first in Of the eight children of late William of there are five brothers and two sisters Hiram of N. William W. and Ida George of Herbert of Gilbert of Delmar and Miss of were about In- the on ing and bad a roost enjoyable Charleston Barn Friday 3 Mr. 1J. of was awakened by the lowing of his cattle and discovered his big came to his assistance and succeeded in out the wagons and but tons of hay and many bushels of grain were with the and the two big shells Fortunately there no wind and his other were at no time in Mr. had no In- He estimates his loss on the contents while his total loss 1ft probably upwards of Tho fire probably of alias Viola B Tucker vs. Fred Sheriff directed a James E. English vs. Margaret leave granted to proceed parte and the first Monday In 190S, fixed for final Rose Watson vs. Bert W. leave granted to proceed eit and the first in 1908, fived for final LidJi J vs. Fred W. leave granted to proceed ex parte and 1501, fixed for final 1 Cora Wagner vs. Daniel leave granted to proceed ex parte arid I the first Monday of 1908, fixed for final j H. P. Everts Clara i i leave granted to ex parte and I the first Monday of 1908. fixed for the final Annie Magnuson v Fred NEWS FROM Mrs. Gertrude E. a Former 1 Louis i and Miss Bertha Boyden were last Their many friends j iii this place extend hearty I lations and best wishes for a and happy The people in tola vicinity were i shocked on Wednesday when i of the sudden death of. Mrs. j of N. received Mrs. Fries for- merly resided BL where she was well and very favorably She a daughter of Mr. and Mrs. Else of She was 24 years of Besides her she Is survived by her three of N. Claude and of and one also of Funeral were held at An- on Saturday at 1 p. burial In the Mr. and Mrs. George Wilcox and spending Rome R. F. Mr. George visited his over Mrs. Short and of were here a couple of days last Mrs. of Is iting Elmer Half Coal Supply is Over per of the natural coal supply of the is ently Because of wasteful of according to a statement made before the American Society of Mechanical Engineers by Prof. Of the United States Geological Prof. Holmes said a mine is abandoned after the high grade fuel is taken thus preventing the extraction of the low grade As an ple of the heavy lovs this he an Instance where only four feet of a foot vein was The consumption of grade he is the Railroad alone using tons for There Is also great Prof. Holmes in the mining of and other Mother Gave Her Life for Mrs. Sidney formerly died at from burns three weeks be- when she made the heroic fight to save her little child from being Burned to The attempt was not the child dying a few days On day of accident the tle child overturned a setting fire to Its In a minute It was in a from head to The mother rushed to the child's aid fought bravely to extinguish the She but not until the lit lie one was so badly burned that It died In a couple of The J mother lingered until I when Fine Concert at Methodist Personal Dec. Eyga cutting are run only four days a A little of Friday nigh after a short of diphtheria Eva who has been ill foi several months able to resume hei as clerk for F. and J. Hill went to Mans to the Art held at the Slat a party Friday in of the 0 of visited hi Wednesday the Patrons o Husbandry celebrated the 40th an of the giving literary of selec and an essay o and music find two negro was a fiHl The concert last evening in Methodist church bv the Concert Com- pany wai Miss violin is a of much and Mrs. and her of of the the later a former member M the Con- and a of last concert ed with the and their num warmly Mrs. a very voice of and power and Miss Bailey's piano numbers were of the The other were also very Nelson Gets 30" at of of John P. en the night of 13. 19''7. lust Thursday by Kart to undergo in the Eastern for a term of 20 the limit of the law for murder In the ond degree and also an additional sentence of 10 years for to which crime Nelson pleaded of. Baseball In the Board of Trade he worked en- for the industrial and business Pleasant Surprise Other Draper Aid will meet at Chester Simmons's next A of Mrs Herbin friends gave surprise parti on it A was Maud Wellsboro s last Hurt Warrmer ii in this Cora Warnner to the ttv John Collision her Mrs Elmer Ford gone to to work in Mr. Mrs. Hiram Tomb recently spent in Morris with her Mrs. Frank H. L. Williams had the fortum TO Tall unil hurt j Iral days Mr was a at last New Short Line Across of the yhort trunk line firmer of last the sending out of five corps of n revision of the line Pittsburg the This Is to the of work on the next Thf Mr. deni at meeting and active will be under his direct The total distance' on the and to on river Is miles and if is used from that point to the total distance from to the metropolis will be 383 com- pared with 440 the on the
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