Danville Montour American in Danville, Pennsylvania
9 Jun 1910

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Danville Montour American in Danville, Pennsylvania
9 Jun 1910

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Danville Montour American (Newspaper) - June 9, 1910, Danville, PennsylvaniaTurpean vol. 56�?no 23 Danville pa., thursday june i. 1910 established in 185citems condensed. Some Farmers a Chester county complain of suit in their wheat. Earl Diffenderfer a Wrightsville boy who was recently struck Lay automobile has died of his injuries. John Ballinger was blasting stomps with dynamite near Lancaster when lie got to close to a slow fuse and lost All his Teeth. Eur route from new York to Middle port on a Jersey Central train. Mrs. William j. Edwards gave birth to a Sou As the train reached tank Goa. Out of the forty two Young people who recently took the examination for teachers certificates in Bucks county but five were of the male persuasion. There Are on file with the state Highway commissioner at Harrisburg applications for the building of 4,763 Miles of state Road in different parts of Pennsylvania. Public school children in lower Merion township Chester county were Given a Holiday on thursday because of the dedication of the new $200,000 township High school. At West Chester recently two Street vendors of ice Cream were arrested and fined $�5 Ami costs by a local magistrate on the charge of Selling ice Cream that was not up to the Standard. George Shorter age 1 25 years an electrician was electrocuted thursday at Bethlehem when 2,300 volts passed into his body while lie was doing some repair work at the residence of c. M. Schwab. 3 eight men were killed and a number wounded when an explosion of dynamite occurred at the Cement Rock Quarry of Mill b of the Lehigh Portland Cement company West Coplay thursday morning. The cause of Tiro explosion is a mystery. Ephraim Brubaker aged 10, was killed while scuffling with his brother Benjamin age 12, at their Home at Manheim thursday. The younger boy wanted to assist in hitching up a team but his brother objected seized a whip and an after him. Ephraim to get the whip and in the scuffle was thrown to the ground. Benjamins knee struck the stomach of his brother an artery burst Ami instant death followed from internal Haemorrhage. Guirey Rupert of Quakertown recently fell into a Cistern in a Wagon House and met death. Iii neck was broken. His father went to search for him and fell on top of the body escaping injury. Alvin Ebersole while trying to hive a swarm of bees near Marietta recently was nearly stung to death. He went to the office of a physician and fell unconscious. To revive him was not an easy task. The bees escaped. Many state senators and representatives have declared to the Philadelphia press their approbation of an investigation into How tie states Money has been expended in connection with the building of the Bittersville state Hospital for the insane. Miss Josephine Dougherty an actress of new York after searching All Over the United states and Europe for her father Samuel t. Dougherty from whom she has been separated since she was 2 years old believes that the missing Man is in Philadelphia and or s asked the police to locate him. The new big stationary engines for Mahanoy plane Are being constructed at the Scott works in Reading. A they will be finished by the end of september it is thought and when they Are installed the capacity of the plane will be doubled. Other improvements at the plane will be completed about the same time. Captain John v. Mcalpin late of company a sixteenth infantry Ami Captain Derby b Cagley. Late of company a eighteenth infantry have been discharged from their offices in the National guard. They were declared a unfit to discharge the duties of their office a because they had failed to Settle accounts in a satisfactory manner and the state had recourse to their Bondsmen. An old Williamsport resident recently informed a representative of one of that towns newspapers that june 2, 1843 it was so cold that the Corn in the Fields was Frozen from the top to the ground Ami that in the Orchards under the Apple Trees the ground was Black with Frozen fruit. The freezing did not Hurt the Corn a much he said and the Farmers who made no attempt to replant reaped a full crop. Those who replanted Between the old Hills however had Many stocks for their trouble but Little Corn. One of the oldest landmarks in Northern Northampton county is being torn Down. It is an old log building at Ackermanville known for years As the Schim Raol House which was erected in 1787 by Isaac Ackerman. The House subsequently passed into the hands of a family by the name of Schimmel Ami is now owned by Foyil Ackerman who will replace it with a More modern . C. Yeager the contract for painting the exterior of City Hall was awarded to e. C. Yeager for $150 at a regular meeting of the Borough Council thursday night. Three bids were received for the work As plans and specifications As follows e. A. Adams work and furnishing material $350 work Only $250. E. C. Yeager work and furnishing material $360 using ready mixed paint $345. Work Only $150. B. F. Cooke work and furnishing material $110 work Only $200. On motion of or. Marshall the contract for the work Only was awarded to e. O. Yeager As the lowest bidder the Boroug i to furnish the material. The subject of removing the Welsh Hill school House to a new and safer site the work to be done by the Borough Council and the school Board jointly was discussed at length. Or. Marshall opposed the moving of the building As he held the Wasli out could be filled up at a comparatively Small Cost. Or. Everhart favored the moving of the school House As the Only practical solution of the difficulty. On motion it was ordered that the matter be left in the hands of the committee on streets and Bridges with Power to act. W. H. Lyon contractor of Sudbury the lowest bidder on the East Market Street paving being present before Council was asked for his views on the practicability of blocking up the track of the Sudbury transit company in order to obviate the necessity of changing the rails in paving with the proposed Brick. Or. Lyons said to regarded the blocking up of the track one and a half inches As required thoroughly practicable As he had seen the same plan adopted both in Milton and Sunbury with satisfactory results. On motion of or. Price it was ordered that the Danville and Sunbury transit company be granted permission to Block up its track As required in order to raise it to the same height a h six Inch rail. Council by making this Concession Hopes that the pavement on East Market Street May to Laid without much More delay. On motion of or. Everhart it was ordered that the slate roof of the Goodwill engine ii disc be repaired. On motion of or. Conolley it was ordered that the painting of the new benches at memorial Park to postponed until next fall. John Marshall took exception to the chief of police going out of town on business for private individuals. Or. Price moved that the chief be dismissed. He declared that one policeman is sufficient for a town the size of Danville. The motion was lost. A communication was received from James t. Magill in which he tendered his resignation As water commissioner. Or. Magili s resignation was accepted. On motion of or. Conolley Fred held was elected water commissioner to succeed or. Magill. The following members were present Cleaver Price Everhart Marshall Curry Heim von Bloom lies and Ditz. The following Bills were approved for payment Borough department. Regular employees. $117.50 labor and hauling. 248.24 Wallace Hoover. 3.55 George f. Keefer. 55.00 Price amp Mccloskey. 70.00 d. L. Amp w. R. R. Co. 4.41 Peoples Coal Yard. 9.94 w. J. Rogers. 10.00 w. T. Shepperson. 25.74 b. B. Brown. 8.00 Standard Gas co.50 Amer. La France fire eng. Co. 1 0.00 labor in Light department. 15.00 water department. Regular employes.$153.50 Peoples Coal Yard. 77.94 Friendship fire co. 9.13 Atlantic refining co. 28.30 Standard Gas co 1.66 a. M. Peters. 2.52the Miller family Bloom won i. S. Anime Ray for Danville saturdays results. Bloomsburg 7 Danville 4. Nanticoke 12 Berwick 4. Benton 2 Nescopeck 0. Shick Shiuey. 6 Aden 0.the nominee standing of the clubs Berwick. Shock nyx . I is i Nanticoke. .7501 Nescopeck. .087 i hellion. .�25 i Alden. . .50�> .250 the Miller family sous and daughters of William g. Miller will hold a family reunion in Dewitt spark today. Among tie survivors Are five sons and four daughters As follows Robert g. Miller of this City Joseph w. Miller Riverside Levi m. Miller of Wyoming James Miller of Erie e. S. Danville mrs. Sara e. Gibson Cooper township mrs. Mary Jane Hall of Philadelphia mrs. Alice Lamers of Richmond by. Mrs. Mariah Stitt of Wyoming. Of the sons of William g. Miller Robert a. Joseph Levi m. And William h., the latter deceased served in the Union army during the civil War. The family held its last reunion five years ago since which time William Miller has been claimed Liy death. All the Brothers and Sisters Are present and along with relatives of the family will join the reunion in the Park today. That curious tiling known in Lase Ball parlance As a the break a gave Bloomsburg a Chance on saturday to accomplish their Dearest desire and beat Danville. Score 7 to 4. Everybody knew that sooner or lat of some team on the circuit would put the reverse English on the Danville team no team Ever played the game but that had its Falls and was the better for them afterwards. But at the same time everybody hoped that the fall would not come when Bloomsbury a was the opponent. But there you Are a it is As it is. Danville has a Good team the Best in the league and Good teams thrive on an occasional defeat. It was Bloomsburg a Day All around a even the weather had the stamp of Bloomsburg salubrious Ness. The crowd was immense 1509 paid admissions being registered. Of these Between four and five Hundred were from Danville. Every last Man and woman of the big Carowil was on the ragged Edge of excitement and the cheering was almost continuous the Lusty rooting of the i Danville contingent being not a Whit less Hearty because the team was loosing. A the break left about everything that could have any effect on the outcome of the game in blooms Buige a favor. In tin first place Brannen bad his off Day and was touched for two singles and two doubles beside issuing three passes in the first three innings which combined with two errors and a passed Ball allowed Bloomsburg to score the five runs which As it afterwards showed won sufficient to win after that a a peek Rowe was ushered into the Box and during the fourth innings it looked As if be would fare As bad us Brannon but in the fifth he settled Down and after that it was the Good old Brand of steady base Ball that we have been use to. As far As ilium was concerned to gave no show of extraordinary strength at any stage. Of the eleven hits which the Danville scorer tallied eight were clean and the rest were too hot for the Bloomsburg Field to handle. This walloping coupled with line s Well known tendency to wildness which resulted in hitting three batters with pitched balls and the issuing of four passes kept Danville runners on the bases almost constantly but scores were prevented at critical moments when All that was needed to turn the tide in Danville a favor was just a Pinch of the Luck that was showered so copiously on Bloomsburg. Danville scored twice in the first and the local rooters in this innings were Given the Only thrills that were to be allowed them during the game. Hine was responsible for both scores. The Bloomsburg Pitcher hit Umlauf Anil Liveng Oil sacrificed him to second Hine then hit nipple and As Wagner struck out nipple and Umlauf executed a double steal and both scored on Hagyes hit the latter being caught at second. After that Danville failed to tally until the seventh although six men were left on base in the next five innings. In the second the Side was retired in order. The third was opened by Brannen and Umlauf both hitting. Now Here a where that break begins to get in its work two on and none out. Liven Good then struck out Brannon a runner got caught stealing third and nipple flied out to second. The fourth was almost a repetition. Wagner led off with a Buglo into Centre Field Ami after Hagy had struck one he made a still steal of second Veith likewise struck out. Cook was Given a pass. Kelly then drove his hot grounder to hag Dubuch for what developed to he the sensation play of the Day. The drive should have been Good for at least one score and possibly two but hag Dubuch Dove for the Ball caught it and with rare quickness tag third bag retiring Wagner and the Side. In the fifth nothing worse happened than a base on balls Given to Umlauf. The sixth however was another of the a nearly scored innings. With one Down Hagy let ilium pass him. Veith hit to right Field. While Mack Ert was getting his base on Halls Hagy was caught stealing third Ami Kelly popped a Fly to Edgar. In the seventh Danville scored its third run. With one Down Umlauf Drew a pass. Livengood hit to Center. Nipple followed with a two Bagger into left Field that scored Umlauf. Wagner thou drove Ono to second which was fielded in time to catch live Good at the plate. Hagy was r. S. Ammerman won out Over or. P. U. Newbaker in the contest for the nomination for representative the general Assembly at the primary election saturday. For the nomination for senator in the general Assembly William t. Creasy won out in Montour As Well As in Colombia county although during yesterday figures were no available to show with any degree of certainty who the nominee May be. Public interest entered in the contests for representative and for state senator on the democratic ticket. The Voto polled was probably above the average primary vote. The weather was Fine. Ammermann a majority Hon. R. S. Ammerman received 609 votes As against or. Now bakery a 445, which gives him a majority of 164. In each of the precincts or. Ammerman ran slightly ahead with the exception of the second Ami fourth wards of Danville Aud Valley township where or. Newbaker received a majority. The heaviest vote was polled in the third Ward Danville where or. Ammerman received 119 and or. Newbaker 88. On the Republican ticket Ralph Kisuer had no opposition for the nomination for representative in general Assembly. He received 188 votes. Creasy wins in Montour in Montour county for the democratic nomination for senator in the general Assembly William t. Creasy received 516 votes Andrew l. Fritz 90, and Charles w. Sones 400. Clyde Charles Yetter. The Republican candidate for nomination received 198 votes. Joseph ii. B. Reese prohibition candidate had no opposition. Mchenry�?T3 vote for representative in Congress John a. Mchenry having no opposition received 834 votes winning the demo i cratic nomination. On the repel i a can ticket which contained a Blank in a few of the districts John g. Mchenry was voted for As a candidate for representative in Congress. William Hart As prohibition candidate for representative in Congress received the regular vote of that party. The delegates Thomas g. Vincent Democrat John r. M. Curry Republican and Franklin p. Johnson prohibitionist win out As delegates to the state conventions. As county chairmen the following were elected democratic Peter j. Mayan Republican Alexander Foster prohibition Mahlon Wingert. John m. Kelso and William ii. Manger Are elected respectively Secretary and treasurer of the prohibition county committee. Jacob w. Cuu candidate for nomination for Congress on the socialist ticket in the third Ward of Danville received two votes which was the Only support accorded that party in Montour convention the annual sunday school and b. Y. P. U. Conventions of the Northumberland Baptist association will Convene at the first Baptist Church of this City today and tomorrow. The District is a Large one embracing the counties of , Northumberland Lycoming Union Aad Clinton with a total number of forty seven churches. Between eighty and one Hundred delegates Are expected. They will be entertained at the Homes of the local members. Three sessions will be held each Day a morning session at 10 30, an afternoon session at 2 00 Ami an evening session at 7 30. Officers will be elected reports will be made Ami various phases of Bible school Ami Young Peoples work discussed. Several important addresses will be Mado. The annual conventions in the past have been most successful and the local organizations have made All arrangements to make the present a most pleasant and profitable one. All the sessions Are open to any who wish to attend Aud a cordial invitation is extended to officers Are re elected the school Board of the Danville school District held a meeting monday night Ami organized for the year 191011. The following members were present Sechler Orth Sidler Swarts Burns Pursel Fischer Gibson Heiss Cole. The annual statement of receipts Aud expenditures was read by the Secretary Ami on motion it was accepted and the officers were instructed to affix their signatures forwarding the document at once to the department of education at Harrisburg. On motion of or. Burns it was ordered that the annual statement he printed in the morning news and the Montour Democrat at last years Price six dollars. On motion of or. Sidler it was ordered that proper officers be instructed to arrest boys who deface the fourth Ward school building. The High school report was read before the Board Aud on motion was accepted Ami ordered to be signed and forwarded to Harrisburg. At 8 25 o clock the school Board adjourned sine die. The annual statement and the High school report were signed by the proper officers after which the new Board went into session. The retiring members in the first., third and fourth wards were reelected at the last election and thus succeeded themselves at the meeting. Samuel Marks who succeeds Harry Redding of the second Ward was the Only new member admitted to the Board. Jacob Fischer was chosen temporary president and j. Newton Pursel temporary Secretary. The certificates of election were read after which the oath was administered to the direct ors elect. On motion a. A. Sechler was elected permanent president and a. Ii. Orth permanent Secretary. M. Ii. Schrai was elected treasurer and Ralph Kisner esq., solicitor. On motion of or. Pursel the salaries of Secretary treasurer Aud solicitor were fixed the same As last year. On motion of or. Fischer it was ordered that the tax rate be fixed the same As last year�?6� Mills for school purposes and a Mill for building purposes. On motion it was ordered that the schools open on september 0th Aud that the term be one of nine Mouths. On motion it was ordered that the time children be required to attend school be the same As last year�?75 cent of the time belonged. The following Bills were approved for payment Borough auditors$6.00 Standard Gas co. 14.92 William Miller. 3.00 c. L. Eggeit20.00 a. G. Harris. 1.70 f. C. Henrie. 2.00 Friendship fire co. 9.50 d. K. Persyl. 7.50 S. Reppert. 7.50 Chas. Mottern. 1.25 p. A. Winters.60 j. W. Griffis. 3.00 mrs. Kate Hanck. 9.00laid to rest continued on 2nd 1491-Creasy 1454 with the vote from All districts in it now looks As though Charles w. Sones of Williamsport will be the nominee for state senator Over William t. Creasy by a majority of 37 votes. The totals part of which Are official and part of which Are unofficial. But considered accurate Art As follows in Lycoming Sones has a majority of 1325 and in Sullivan of 166 votes. In Montour county the official vote shows that or. Creasy has 519 votes while Sones has 398 votes. This gives him a majority of 121 votes Over Sones in the county a gain of 5 Over the unofficial. Columbia county gives or. Creasy a total of 1662 votes while or. Sones Lias 329 votes giving or. Creasy a majority of 1333 in the county or 1454 majority in the two counties. Mrs. Henry f. Giove whose death occurred monday was consigned to the grave in Odd Fellows cemetery yesterday afternoon. The funeral took place from Trinity methodist episcopal Church at 2 of clock the Rev. Charles Cameron suavely the pastor officiating. The pall hearers were David Roderick Robert Williams Ralph Hodge Edward Gibson David Gibson and John r. Hughes. Among those from out of town that attended the funeral were or. Aud mrs. William Grove or. And mrs. Harry Grove or. Aud mrs. E. C. Rogers and or. Aud mrs. Thomas Killian of Sudbury or. And mrs. William Grove Frank Grove and or. Anil mrs. William Birt of Berwick or. Aud mrs. John Grove of Wilkes Barre mrs. Rachel Krucli of Atlantic City or. And mrs. William Sarba or. Aud mrs. William Housel or. Aud mrs. William Evans of Williamsport or. And mrs. Samuel Evans and son William Aud mrs. Albert Beyers of Milton mrs. J. B. Scott of Northumberland. Blew nose broke leg. Sylvester Keserovich proprietor of the or. Carmel House at it. Carmel Mot with a Peculiar Accident tuesday afternoon when he broke his right leg while blowing his nose. Sylvester was sitting on an easy chair on the porch of his Home when he decided to re love the pressure upon his nasal appendage said pressure being resultant from a severe cold. He walked to the curb Ami As he leaned Forward to accomplish the operation he lost his balance Aud fell headlong into the Gutter breaking the limb near the ankle. He was removed to the miners Hospital yesterday morning to undergo an operation and to have the fracture Case for grand jury court for the june term convened at 10 of clock monday morning with president judge Charles c. Evans Aud associates Blee and welliver on the Bench. The grand jury being called Lloyd Bomboy was appointed Foreman and Wesley Jackson tip staff. District attorney Gearhart explained that there was but one Case to go before the grand jury. The constables being sworn presented their returns. The Only violation reported was in West Hemlock township where the Road leading from Crossley a farm buildings to Jorsey town was described Asiu a deplorable conditions badly washed out Aud almost impassable. The court ordered the District attorney to take the matter up with the supervisors. Before discharging the constables judge Evans explained that at the next term of court they will be obliged to report whether the Loose stones have All been picked off the roads in their respective districts. The civil list was gone Over All the cases being continued with the exception of the Pursell Case. Ralph Heim who pleaded guilty of malicious mischief to the property of a livery stable keeper was called before court. It answer to a question he explained that lie had been in jail three weeks following his arrest. He gave his age As Nineteen years. To explained How the accidents in which the buggy and harness wore broken occurred admitting that both himself and companion has been drinking. The liquor was obtained in Sunbury at some place which he could not locate. Judge Evans in View of the length of time in which the defendant had been in jail decided to suspend sentence. Heim was ordered to the costs and the sum of Twenty five dollars to the livery stable keeper to reimburse him for his loss. Judge Evans warned the defendant that he will to obliged to fully carry out the order otherwise a Bench warrant will to issued for him and he will be brought into court to answer for Bis neglect. Houry monster Cross Street a native of Germany who has been in this country since 189.3 was admitted to citizenship yesterday. He very satisfactorily answered All the questions propounded to him after which tie oath of citizenship was administered by prothonotary Vincent. In the Case of Commonwealth is. Wilfred Hullihen a nol. Pros was allowed by the court the defendant to the costs. The Case of Commonwealth is. William Gething the charge being desertion and non support was heard by the court. Several witnesses won examined when the court brought proceedings to a close by ordering or. Gething a to go and live with her husband and the latter the defendant to the costs. The Commonwealth cases being disposed of about three o clock in the afternoon the civil list was attached. Twenty jurors for the Pursell Case against the Reading Iron company were called into the Box. Number if possible twelve men will be selected this morning. The trial of the Case however will not begin until tomorrow morning. Opinion handed Down. A in re Road in Limestone township judge Evans handed Down an opinion sur exceptions to report of viewers filed june 7, 1909. A a those exceptions refer to the fifth View had to vacate and relay a portion of a certain yr1 lie Road in Limestone township. The first three views were set aside by opinions of the court. A the fourth set of viewers appointed the same Day the report of the third set of viewers was set aside reported in favor of vacating Aud relaying a portion of said Road. There wore no exceptions filed to the report of the fourth set of viewers. A january 22, 1909, eleven Days after the final confirmation of the report the fifth set of re viewers wore appointed which june 7, 1909, reported against the proposed changes of the said Road. A counsel in requesting the appointment of re viewers the fifth set. On Jan. 22, 1909, undoubtedly overlooked and lost sight of the fact that a fourth set of viewers had been appointed August 8, 190s, who had qualified and reported and whose report had been confirmed prior to the appointment made january 32, 1909. A the appointment of re viewers Jan. 22, 1909, upon the petition filed May 25, 1908, to await disposition of exceptions was erroneous. There was no Road to review at which their appointment was aimed. A the first third fourth fifth sixth and eighth exceptions Are sustained and the report of the reviewers filed june 7, 1909, is accordingly set aside. By the court Charles c. Evans p. witnesses the Case of William r. Pursel surviving administrator of Daniel Pursel deceased now Blanche e. Pursel substituted plaintiff is. Tin Reading Iron company constituting one of the most important civil actions Ever instituted in this county went on trial yesterday morning before his Honor judge Evans. Court convened at 10 of clock. By the time the jurors had filed into the Box Aud the Quot attorneys bad taken their places the auditorium was pretty Well filled with witnesses Ami others who were present As spectators attracted by the importance of the Case. In addition to w. J. Baldy of this City senior counsel the plaintiff is represented by Albert w. Johnson and Fred c. Bower of Lewisburg a. S. Ash Bridge James Mercer and j. Warren Davis of Philadelphia. At the defendants table Are seated Hon. Grant herring of Sunbury Jefferson Snyder of Reading and Ralph Kisuer of this City. Collectively the at Torness constitute an imposing array of Legal Talent the like of which has very rarely been identified with any trial in Montour county. The Case was opened by Albert w. Johnson who spoke briefly but clearly outlining the plaintiffs Case. In 1862 Daniel Pursel was the owner of a farm of 148 acres in Valley township which contained Largo quantities of Iron Ore. On june 27,1862,Daniel Pursel Aud his wife made a deed to Waterman amp Beaver conveying to them the right to Mino the Iron Ore on the farm. In 1868 Daniel Pursel died. In 1869 letters of administration were granted on his estate to William r. Aud John g. Pur Sel. In 1890 John g. Pursel died. In 1909 William r. Pursel died Aud his daughter Blanche was substituted who is now the Active plaintiff. The deed made by Daniel Pursel Aud wife in 1862 conveyed All the Ore in the farm a tract of 148 acres to Waterman and Beaver. In the contract Waterman amp Beaver were to mine at least 5000 tons of Ore each year until the Ore became exhausted or the Cost of mining became equal to the value of the Ore taken out of the ground. The consideration for the Ore was the amount of Royalty at the rate of seventy five cents ton. Waterman amp Beaver operated the mine until about 1880, when they sold out to the Pennsylvania Iron company which stepped into the shoes of Waterman amp Beaver Aud were bound by the deed which bound the latter. Later the Pennsylvania Iron company conveyed the property to the Montour Iron amp steel company which took up All the rights arising out of f deed until ls.h9, when it made the last payment and ceased mining Iron in 1896, the property passed into the hands of the Reading Iron company the defendant which in turn stepped into the shoes of Waterman amp Beaver and. It is 1,1 i. Is liable for All their Agi Veim its. The lit Diug Iron co. Lias mined no Ore and there is due the plaintiff under the deed made by Daniel Pursel and wife to Waterman amp Beaver in 1862, 75 cents for 5000 tons of Ore annually from 1889 to the present time. The plaintiff also holds that the Reading Iron company since buying the property is exercising the right of ownership on the Pursel farm and is Hsiug it today. The plaintiff offered in evidence the letters of administration granted to w ill i Hub r. Aud John g. Pursel on the estate of Daniel Pursel also letters of administration. D. B. N., september 27, 1909, on the estate of Daniel Pursel to Blanche Pursel who gave Bond with sufficient surety. The plaintiff offered in evidence the deed transferring the tract in 1841 from Daniel Pursel or. To Daniel Pursel or. It also proposed to offer in evidence the original deed set. Forth in the plaintiffs declaration to Waterman Beaver for the Ore with All the covenants referred to and on which the Case rests for the purpose of showing the liability of the defendant to royalties agreed upon in deed to Waterman it amp Beaver. At this Point or. Herring for the defendant objected to the admission of the original deed made to Waterman amp Beaver unless the plaintiff agreed to follow it with a subsequent deed made Between the heirs of Daniel Pursel and the Montour Iron company which absolutely modifies and changes prices terms amp a. The plaintiffs attorneys replied tha the time had not yet arrived for the admission of any subsequent deed. This being the Case i. Herring formally objected to the admission of the original deed which objection was overruled by the court. The deed transferring the property from the Pennsylvania Iron company to the Montour Iron company was admitted As evidence and read. Finally the sheriff s deed was and continued on 4th Page

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