Article clipped from The Daily News

THI DAILY HEWS, HUNTINGDON AND MOUNTHIRD CASE FOR(Continued From First Page)22 west on June 6 near the crest of Warrior Ridge and that he was flagged by a motorist, Francis McMullen of R. D. 3, Huntingdon, traveling east, McMullen called the officer’s attention to a motorist traveling east 'on Route 22 in a reckless manner. 'The officer turned his ear and overtook a Ford sedan, traveling east, at the foot of Warrior Ridge, He followed the - car, until the driver pulled into the driveway at his home. The officer found the car to zig-zag on the highway and there was an alcoholic odor on the driver’s breath. The defendant admitted he had been drinking but declared he was not intoxicated. Stephens was arrested for driving' while intoxicated. Setphens requested permission to go to a toilet, which was granted, the officer stated. Stephens then wanted to go into his home and this request was refused. Stephens then made a lunge and ran into his home and the door was closed. The officer went for assistance and returned later and took Stephens into eustody. At the arraignment before a justice of the peace Stephens pleaded not guilty.”Chalmer Coy, Huntingdon Borough policeman, testified that he was with jState Troopers Fred Learner and Philip Sheridan at the Stephens home on the night of June 6, at the time Stephens was taken into custody. Stephens talked loudly, there was an odor of alcohol on his breath and his walk was unsteady, Coy testified.State Trooper Pliilip Sheridan ■testified that he was with Learner and Coy- at the Stephens home on the night of June 6. Stephens was boisterous and 'belligerent and there was an odor of alcohol on his breath.. In the opinion of Sheridan the defendant was intoxicated.Francis McMullen, re-called •testified that he stopped State Trooper Learner on only one occasion, • and reported the reckless operation of a motor vehicle • on Route 22 between Alexandria and the crest of Warrior Ridge. McMullen told the court he observed through his rear-view mirror a car following him. The car was crowding' other' vehicles off the highway- and the witness testified that he -observed a state police car going west and told the officer about the car ahead being operated recklessly. Commonwealth rests.G. W. Stephens, the defendant,was called to the stand in his own defense. 'He stated h is 53 years old and has resided In Huntingdon the past eleven years. On June 2, 1955, be was working at Union Furnace making tests of iron ore. He did not have the proper protection from the heat, and the oil fum-es have an effect on the human system. He first observed the officer behind his car at the foot of Warrior Ridge, but did not see him after leaving Route 22, Upon arriving at his home he took a delicate instrument used in his work into the home and the officer then arrived. Learner informed .the witness that an arrest was being made for driving while intoxicated. The defendant’s wife protested about the officer being on the premises with out a warrant. Learner then left and returned later with a warrant at which time the arrest took place. The defendant testified he did not run through two stop” signs as testified to by the policeman.Mrs. G. W. Stephens, the defendant’s wife testified that she was not at home on the .evening of June 6 when her husband returned from work. Upon her return she found her husband was i at the outside toilet and a State Trooper was standing on theirproperty, She inquired of the officer what his business was on the property, and was told that her husband was under arrest 1 for driving while intoxicated and that he would be taken to jail. The witness testified further that she protested with the officer about making the arrest without a warrant. The officer left after she and her husband entered their home but he returned later with a warrant and caused . her husband’s arrest.Defense rests.After arguments of counsel and the charge of the court the jury deliberated on a verdict 15 minutes. The verdict was, “guilty.”The defendant was called to the bar immediately for sentencing, The sentence of the court was costs of prosecution, a fineof S200 and imprisonment in thecounty jail for 5 days with eredit to be allowed for the two days he served in jail at the time of arrest.The second case called for trial at the September session was Commonwealth vs. Donald Cis-ney. The defendant is a resident of Greencastle, but formerly lived in Rockhill Furnace. The charge in the indictment is adultery and bastardy.The case opened at 3:45 p. m, with Mrs. Natha Lavem-e Cisney as the first commonwealth witness, .She testified that she is the wife of the defendant andthat they were married on July22, 1950.Mrs. Sylvia Edna Stitt, 26, of Huntingdon, R, D. 3, the prosecutrix, then took the stand. She testified that she has been divorced for three years-and is the mother of two children by her marriage to John Stitt,. Sr.She told the court that she met the defendant at a New Year’s Bve party at a club near Mount Union. She testified that Cisney. brought' her to her home from the party about 2:30 a. m. January 1, 1954 and left the house about 4:30 ■ a. m. She testified that the alleged offense took place during the two-hour interval. Mrs. Stitt gave birth to a baby boy in the J. C- Blair Memorial Hospital on October 11, 1954. She said on cross examination that she believed Cisney was a single man. She also denied having other dates since she met Cisney on New Year’s 1054.•Dixie Harbst of Mill Creek testified that' she was employed as a bab.y sitter for Mrs. Stitt on New Year's Eve, 1953. She testified that, the defendant returned to the Stitt home about 2:30 a. m„ January 1. 1954, with Mrs. Stitt.Mrs. Stitt showed her .young ! baby, Donald Cisney Stitt, to the men and women of jury as the afternoon session of court closed at 4:45.Freda Shields of Huntingdon testified that she was in the company of Sylvia Stitt on the night of Jan. 1, 1954 at a club near Mount Union. She testified that she knew Donald Cisney and on the night of Jan. 1, 1954, she j introduced Mr. Cisney to Mrs.! Stitt. Cisney and Mrs. Stitt left the club together.Commonwealth rests.Donald Cisney, the defendant, testified that he is 28 years of age and resides at Greencastle.He has, been away from 'the county for about six years.- He has been employed at Hagerstown for the past four years. The witness testified that he does not know Freda Shields and that she did not introduce him to Sylvia Stitt. He testified that on the night of Dec. 31, 1953, he left Orbisonia between 9:30 and 10 o’clock and went to the Hill Valley Hotel, where he remained until after midnight. He then drove ,to Mount Union and south on Route 522 to the VFW Club. He entered the club, saw Sylvia Stitt and other people there. When he left the club Sylvia Stitt said she believed she would ride in his car. He brought Sylvia Stitt to her home along the Fairgrounds Road and arrived about 2:80 o'clock. He left the Stitt homeabout 4 o’clock, and went directly to his' home. The witness testified Sylvia Stitt asked him to spend New Year’s Day with •her, and she would prepare a ■dinner. She stated, the witness said, that she would write to him and that she was in love with him. Cisney stated that he returned to the Stitt home in February and went to the. home for the purpose of asking Sylvia not to write to him. The witness testified that he at no time-had il-. licit relations with Sylvia . Stitt. Cisney testified he did not tell Sylvia Stitt he was a marriedman.On cross-examination Cisney admitted he gave Sylvia Stitt a Baltimore address where she could write to him, but at the time lie lived at Frankstovm, Md. He admitted the Baltimore address was fictitious, and that he knew he would not1 receive any mail she may send to Baltimore.Defense rests.Dixie Harbst, called as a commonwealth rebuttal witness, testified that at no time during the night of Jan. 1 ' did Cisney see Mrs. Stitt’s children. The witness testified she had retired some time before Cisney left on the early morning of Jan. 1st.Freda Shields, also a commonwealth rebuttal witness, testified that Cisney asked another party to bring her home on the night of Jan. 1.Testimony closed.
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The Daily News

Huntingdon, Pennsylvania, US

Tue, Oct 04, 1955

Page 12

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