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Items from the Altoona Tribune, Altoona, Pa.,

Thursday, January 31, 1878

 

THE SPECIAL COURT.
The Causes Tried - Judge Watson Makes a Most Favorable Impression.

 

During the week last past an adjourned session of Court was held for the purpose of trying causes in which Judge Dean was interested as counsel or some other capacity. The session was ably presided over by Judge Richard Watson, of Bucks county, a heavy weight who can see Tyrone's giant lawyer, J. F. Riddle, Esq., and go him fifty pounds better, a gentleman of infinite humor and sociality, a judge well read in his calling, and prompt and correct in his decisions and impartial in his charges. The first case tried was,

 

F. J. Parrish vs. Campbell Bros. This was an appeal by defendants from the judgment of a justice of the peace. The amount claimed, some $102, with interest, was a bill alleged to have been incurred by defendants for boarding a number of their employes engaged on a railroad contract. Judgment for $119.00. J. I. Brotherline for plaintiff, R. A. Clarke for defendant.

 

Clara Dobbins' admr. vs. W. H. Ake. This was an action of debt brought by Hon. John Dean, administrator of the estate of Clara Dobbins, late of Williamsburg, deceased, to recover the face of a note for $400, with interest, given her by her brother, W. H. Ake, with H. L. Ake as security. The amount claimed was due from her father's estate and had been left, as alleged, in the hands of her brother. On this note there were several credits and the jury thought an award of $215.52 about right. Baldridge and Jaekel for plaintiff, Banks and Landis for defendant.

 

The next case was Clara Dobbins admr. vs. H. L. Ake. This was also an action of debt, and was of precisely the same general tenor is the above reported case save that the note was for $800. The jury gave a verdict of $907.62. Baldrige and Jaekel for plaintiff, Banks and Landis for defendant.

 

The third case brought for trial was Clara Dobbins' admr. vs. H. L. and J. S. Ake. It was also an action of debt. By consent of the parties the determination of the case was submitted to J. P. Stewart, A. Lingenfelter und J. W. Bracken, arbitrators, whose decision shall be final.

 

Next in order were two cases of the Allegheny Building and Loan Association vs William and Margaret Swift. These were actions of sci. fa. sur. mortgage, in which plaintiffs were compelled to take non suits on account of the absence of witnesses. Alexander & Herr for plffs., Blair for deft.

 

Jonathan Killinger vs. Pennsylvania railroad Company. This was an action on the case, and was, in some respects, the most important case brought before the Court. The plaintiff claimed damages for the death of his son, who was killed in a collision on the Philadelphia & Erie Railroad in August, 1874. It was claimed that an employe, is not responsible for injuries sustained by one employe through the carelessness of another employe. This position was sustained by the Court and a compulsory non suit ordered to be entered, Blair for plaintiff, Hall and Neff for defendant.

 

F. G. Franciscus vs Central Insurance Company, assumpsit. Plaintiff sued for the insurance money, $3,000, or a hardware store belonging to him in Lewistown, which was destroyed by fire. The company resented payment on the ground of irregularities, but the jury did not look at it in that light and returned a verdict for the full amount of the claim, with interest. $3,755 Blair for plaintiff, Neff and Clarke for defendant.

 

Eliza Morgan vs. P. R. R. Co. Action on the case. Defendant confesses judgment in the sum of $2,269, and our courts are finally rid of this troublesome case. Blair for plaintiff.

 

The last case that went to a jury was The Peoples' Planing Mill Co., vs. H. R. Myers, et. al. The jury was empanneled on Friday evening and the greater portion of Saturday was occupied in the trial. It was an action on a mechanic's lien for material furnished in the building of a house. The amount of was S353 31, and the jury gave a verdict for plaintiff for this amount with interest, making a total of $441.93.

 

The case of Philip Halton vs. Geo. Isenberg was settled as per paper filed.

 

The following cases were continued by consent:

 

Abraham Rhodes vs. Sarah Wise; A. ? McClain, surviving partner of McClain & Andrews, vs. Mary A. Weston.

 

The case of John Shoemaker, for use, vs. Philip Dempsey was continued on application of defendant.

 

The following cases were not reached and went over per force:

 

John Geesey vs. Abraham and Melinda McCartney; J. J. Krise vs. National Fire and Marine Insurance Company, of Philadelphia; M. K. Smith & Co., vs. I. N. Atherton & Co.; James Kearney vs. Peter Good; Wm. G. Eicholtz vs. S. B. Replogle; John Cronin vs. J. L. Ickes.

 

The following cases were continued:

 

Woodcock and Dively's case vs. Henry Harmon; William Cloak and wife vs. John Brotherline.

 

At four o'clock the special week came to an end. The regular session convenes this morning at 10 o'clock, A. M. Judge Watson made a most favorable impression upon those who had business at the session just closed and the people of Berks are to be congratulated upon having within their borders such an excellent Judge.

 

Altoona Tribune, Altoona, Pa., Thursday, January 31, 1878, page 1

 

THE WEEKLY TRIBUNE.

 

With the commencement of the twenty-third volume of the WEEKLY TRIBUNE we present it to its readers enlarged in form, and improved in its general appearance. By the addition of two inches to each column, the reader gains sixty-four inches, or two columns and three-quarters of reading matter over the former size. The re establishment of the DAILY TRIBUNE will relieve the pressure of advertisers, in a measure, upon its columns, though we would here remark that on account of the very large circulation of the WEEKLY, unaffected by our new enterprise, still renders it a most desirable medium through which to make known their wares and wants to the general public. The new head "is a thing of beauty," and will be appreciated for its local characteristics. In the centre will be observed the coat of arms of Pennsylvania, and on the left of this is a view of Kittanning Point, the Logan House and depot, while on the right is seen a round house and other railway shops in this city, with a perfect illustration of the court house at Hollidaysburg.

 

The WEEKLY TRIBUNE has been a welcome visitor to thousands of households during the past few years, and has been widely commended by the press and the public for its many excellencies as a newspaper. We propose to maintain the good opinions it has already won by making it even better than it has been heretofore. It has chronicled many startling and thrilling events during those twenty-two years, and witnessed some changes in the internal affairs of the country which, at the beginning of its existence, were deemed wholly impossible. In short, we propose to do right and give the WEEKLY TRIBUNE readers the best paper in Central Pennsylvania.

 

LOCAL LEGISLATION.

 

Mr. John Clarke, of Williamsburg, Hon. R. L. Johnston, of Ebensburg, and Edward Scull, Esq., of Somerset, are the commissioners named in the bill to represent the 17th Congressional district in the selection of a site for a new penitentiary, for the counties heretofore named. They serve without salary, other than necessary expenses. The bill appropriates $100,000 for the purchase of the ground and erect a building, and has passed to a second reading in the Senate. A bill has been read in the Senate providing for the erection of a State Hospital for the insane in the counties of Blair, Bedford, Cambria, Fayette, Fulton, Somerset and Westmoreland. The Judicial Salary bill gives the President Judge of this district $4,000 salary, with the addition of $1,800 formerly paid to the Judge of the Johnstown District Court, whose functions are now laid on Judge Dean. This is right. Judge Dean has a large and laborious district, without any law associate, as some others have, and his pay should be commensurate with the work performed. He earns every cent of the proposed increase.

 

ANNUAL STATEMENT OF THE
Receipts and Expenditures
OF THE CITY OF ALTOONA,
For the Year Ending Dec. 31, 1877.

 

CITY FUND ACCOUNT.

 

RECEIPTS.

 

W. C. Galbraith, Treasurer, in account with the City of Altoona:

 

To balance on hand at last report,     $552.39
To amount received from:      
D. A. Gilland, Mayor $500.30
A. L. McCartney, collector, 1876 835.46
H. B. Huff, do do 486.92
Matthew Black, do do 912.85
R. H. Griffin, do do 849.11
do do 1877, 465.51
R. M. Lewis, do do 235.07
do do 1876, 501.03
Jno. F. Storm, do do 666.63
S. C. Golden do do 156.68
M. J. McCoy, do do 170.00
W. D. Couch, do 1877, 766.34
Jos. K. Ely, do 1875, 1,519.07
[Total] $8,653.?3

 

PAYMENTS.

 

By amount of orders issued in 1877, $8,763.54
Less amount outstanding, unpaid, 2,627.80

 

Amount of orders of 1877 paid by the Treasurer $6,135.74
" " 1876 680.40
" " 1875 145.44
" " 1874 32.00
" " 1873 8.00
" " 1872 2.18
" " 1871 1.00
" Water Orders 147.29

 

Balance in hands of Treasurer due city, $1,502.31

 

The undersigned, Auditors of the City of Altoona, hereby certify that we have examined the account of W. C. Galbraith, City Treasurer, for the year ending December 31, 1877, and find his receipts to have been $8,653.36, and his expenditures, for which he has presented the proper vouchers, $7,152.05, and there is a balance of $1,502.31 remaining in his hands due the city.

 

WM. T. McCONNELL, LOUIS WALTON, WILLIAM MURRAY, Auditors, Altoona, Jan. 7th, 1878.

 

EXPENDITURES IN DETAIL.

 

For Mayor's salary $780.05
Secretary for 1876 and 1877 280.40
Police Department 1,717.50
Street Commissioner's Department 1,628.98
Hauling 227.05
Hardware 137.34
Blacksmithing 46.78
Coal and Wood 172.22
Gas 1,024.44
Fire Department 1, 002.00
Printing 314.71
City property 153.48
Lumber 227.24
W. C. Galbraith, City Treasurer, for cash paid Solicitor and note of Greer's, 650.73
Attending clock, 1876, 1877, 112.50
Total Expenditures, $8,763.54

 

UNCOLLECTED REVENUE DUE THE CITY FUND.

 

From T. J. Williams, collector for 1870 $53.94
do, do 1871 509.38
J. K. Ely, do 1874 153.32
do, do 1875 7,740.73
M. J. McCoy, do 1876 557.44
A. L. McCartney, do do 663.32
H. B. Huff, do do 1,530.11
R. H. Griffin, do do 1,050.85
M. Black, do do 2,580.31
R. M. Lewis, do do ?84.91
Jno. F. Storm, do do 564.10
S. C. Golden, do do 305.03
A. L. McCartney, do 1877 5,080.50
J. S. Elway, do do 2,931.43
W. D. Couch, do do 3,770.56
R. H. Griffin, do do 4,082.13
R. M. Lewis, do do 4,666.01
Eighth ward, no collector appointed 1877 1,372.35
H. B. Huff, balance collected from Kelly, 31.28
Blair county, guarding prisoners, &c. 154.44
Board walk bill 1,413.63
Eleventh avenue patent pavement 407.38
Old Eleventh avenue sewer 77.34
Eighth alley sewer 38.05
Old Eighth avenue sewer 767.62
Tenth avenue sewer 219.00
Seventh alley T. C. sewer 79.24
Shoveling snow off pavements 34.40
Wm. M. Lloyd & Co. 1,205.55
J. C. McCartney, opening street 97.40
A. Louden's heirs, repairing drain 7.94
Sarah Holler's ", " " 7.94
John Rocket, wood and brick 6.00
Mrs. Driver, curbstone 27.00
Balance in hands of W. C. Galbraith,
City Treasurer 1,502.94
Total 44,385.67

 

WATER FUND ACCOUNT.
FINANCE COMMITTEE IN ACCOUNT WITH THE COMMON COUNCIL.
Water Fund account for the year ending December 31st, 1877.

 

Receipts.

 

To water rents, $2,306.25

 

Payments.

 

By amount of orders drawn on Finance Committee, $3,381.73
Less amount paid by J. K. Ely, 1875, $149.69
Less amount paid by J. F. Storm, 1876, 123.73
Less amount paid by W. C. Galbraith, 54.74
Less amount outstanding unpaid, 1,096.87

[Total] $1,425.03

 

Amount of orders of 1877 paid by Committee, $1956.90
Amount of orders of 1876 paid by Committee, 13.52
Amount of orders of 1875 paid by Committee, 3.65

[Total] $1,973.87

 

Balance due Water Fund, $332.38

 

The undersigned, Auditors of the city of Altoona, Pa., hereby certify that we have examined the accounts presented to us by the Finance Committee, and find the receipts as herein stated to be $2,306.25, and the payments (for which the proper orders have been presented) $1,973.87, and there is a balance due Water Fund of $332.38.

 

WM. T. McCONNELL, LOUIS WALTON, WILLIAM MURRAY, Auditors, Altoona, January 7, 1878.

 

EXPENDITURES IN DETAIL.

 

Water Superintendent, $750.00
Labor, 918.52
Printing, 89.72
Hauling, 11.75
Blacksmithing, 68.48
Lumber, 26.38
Hardware, 10.77
D. Colclessor, on account, 500.00
Payment on note, Sink, Gilland and others, 835.43
Miscellaneous, 169.68

Total expenditures, $3,381.73

 

RECEIPTS FROM WATER RENTS AND WATER TAXES FOR CREDIT COUPON ACCOUNT OF THE 7-30 WATER LOAN.

 

Received from rents $5,365.70

A. L. McCartney

collector, water tax, tax, 1876 823.00
do do 1877 937.00
H. B. Huff do 1876, 461.62
R. H. Griffin, do 1876, 750.00
do do 1877, 800.00
R. M. Lewis, do 1876, 584.35
J. F. Storm, do 1876, 145.00
S. C. Golden, do 1876, 40.00
M. J. McCoy, do 1876, 83.00
W. D. Couch, do 1877, 650.00
J. K. Ely, do 1875, 2?8.40
A. V. Dively, City Solicitor 200.00
$11,098.07
Balance due First National Bank Dec. 28, 1877 199.91
$11,297.98

 

EXPENDITURES FOR THE PAYMENT OF WATER LOAN COUPONS.

 

By payment of 86 coupons of $36.50 each, $3,139.00
By payment of 211 coupons of 18.25 each, 3,850.75
By payment of 276 coupons of $3.55 each, 1,007.40
By payment of coupons maturing January 1st, 18?8, 3,253.15
Balance due First National Bank March 5th, 1876, 47.68

[Total] $11,297.98

 

UNCOLLECTED REVENUE DUE WATER FUND ACCOUNT.

 

Uncollected water rents, $982.75
Balance in First National Bank, credit of Water fund, 332.38

[Total] $1,315.13

 

OUTSTANDING INDEBTEDNESS OF THE WATER FUND ACCOUNT.

 

Outstanding water orders, 1875, $59.10
do, do, 1876, 138.07
do, do, 1877, 1,096.87
Balance due First National Bank, Coupon account, 199.91
Balance due Peter Good, 4,707.35
Balance due D. Colclessor, 5,500.00
Outstanding Water Coupon, 251.10
Outstanding Water Bonds, 199,500.00
Outstanding indebtedness, $211,462.40
Uncollected revenue, 1.312.13

Indebtedness of Water Fund, $210,139.27

 

PERMANENT IMPROVEMENT FUND.

 

Receipts from Improvement taxes for credit of the Coupon account of the Permanent Improvement Loan.

 

Balance in First National Bank, March 6, 1876, $672.03
Received from A. L. McCartney, collector of Improvement Tax, 1876, 660.00
Received from A. L. McCartney, collector of Improvement Tax, 1877, 800.00
Received from H. B. Huff, collector of Improvement Tax, 1876, 327.10
Received from R. H. Griffin, collector of Improvement Tax, 1876, 400.00
Received from R. H. Griffin, collector of Improvement Tax, 1877, 635.00
Received from J. S. Elway, collector of Improvement Tax, 1877, 73.00
Received of R. M. Lewis, collector of Improvement Tax, 1876, 427.63
Received from Jno. F. Storm, collector of Improvement Tax, 1876, 275.00
Received from S. C. Golden, collector of Improvement Tax, 1876, 30.00
Received of M. J. McCoy, collector of Improvement Tax, 1876, 145.07?
Received from W. D. Couch, collector of Improvement Tax, 1876, 725.00
John Shollenberger's Bondsmen, 1,199.75

[Total] - $6,370.18

Balance due Receiver, 100.58

[Total] - $6,470.76

 

EXPENDITURES.

 

For the payment of Improvement Loan Coupons.
By 51 coupons of $5.00 each, $1,785.00
By 208 coupons of $17.50 each, 3,640.00
By Improvement order, 798.70
By coupons due January 1st, 1878, 245.00
By protest note, 2.06

Total, $6,470.76

 

UNCOLLECTED REVENUE DUE THE PERMANENT IMPROVEMENT FUND.

 

Due from sewer frontage, $9,716.46
Due from A. V. Dively, City Solicitor, 219.87

Total, $9,936.33

 

OUTSTANDING INDEBTEDNESS OF THE PERMANENT IMPROVEMENT FUND.

 

Improvement bonds outstanding, $150,000.00
Improvement orders of 1874 outstanding, 262.50
Improvement orders of 1875 outstanding, 280.00
Improvement bond coupons outstanding, 140.00
Due Jas. Malone, 252.33
Due Receiver, 100.58

Total, $151,035.41

Uncollected Revenues, 9,936.33

Balance, $141,099, 08

 

INDEBTEDNESS OF THE CITY OF ALTOONA.

 

Outstanding Indebtedness.

 

City Fund, $7,732.52
Water Fund, 211,452.40
Improvement Fund, 151,035.41
Total, $370.220.33S.

 

Uncollected Revenue

 

City Fund, $44,385.67
Water Fund, 1,315.13
Improvement Fund, 9,936.33
Total, $55,637.13

 

Total outstanding indebtedness, $370,220.33
Total uncollected Revenues, 55,637.13
Indebtedness of the city, $314,582.20

 

Altoona Tribune, Altoona, Pa., Thursday, January 31, 1878, page 2

 

TERRIBLE ACCIDENT.
William C. Manson, a Prominent Citizen of Mt. Gilead, O., Killed.

 

Tuesday morning one of those terrible casualties which appear as unaccountable as they are appalling, occurred at the depot. William C. Manson, of Mt. Gilead, O., arrived in this city on the Pacific Express, en route for New York, and along with other passengers got off for the purpose of partaking of breakfast or lunch. He did not go into the Logan House for his refreshments, but purchased them of one of the many venders of hot coffee, cakes, etc., who frequent the depot on the arrival of trains. While thus engaged, as is the custom the train was cut for the purpose of either shifting out a car from or attaching one to the train. Mr. Manson, supposing that the train was about to depart and leave him behind, ran to get on board. It is surmised that he secured but a frail grip on the railing of the car, and, falling back against one of the iron columns supporting the depot, was in turn thrown under the train. The wheels passed over the right side of his head, crushing it in a horrible manner, producing instant death.

 

He was removed to Depot Master Wilson's room, where Coroner Humes impanelled a jury, consisting of Messrs. J. M. Stonebraker, J. N. Shillito, William Cramer, Robert Steele, Nathan W. Green and John Cunningham, who held an inquest over the body, returning a verdict in accordance with the facts above stated, and exonerating the railroad company and its employes from all blame in the tragic occurrence. His body was then given in charge of Undertaker Hickey for preparation to be forwarded to Mr. Manson's family at Mt. Gilead. He was a man of fine physique, his appearance indicating him to be about 38 years old. An examination of his effects demonstrated that he was not only a prominent but a wealthy citizen of Mt. Gilead. The specimens of quartz and papers in his possession and a dispatch, bedaubed with the eggs that formed part of his lunch, would show that he was interested in gold mining. The dispatch, dated Gainesville, Ga., Jan. 25, was received at Mt. Gilead at 7.50 on the morning of the 26th, and read as follows:

 

To W. C. Manson: Bought out two parties; contract secured as well; rich thing; want machinery bad; shall draw for thousand. Answer quick. C. W. BARRY.

 

The following is a list of the articles found on his person: Gold watch and chain, with charm; sight draft No. 5131, on First National Gold Bank, San Francisco, Cal, for $20,000; duplicate of same; draft on First National Bank of Jersey City, No. 14,819, for $26,616.92; blank checks on Mt. Gilead; $21.10 in Confederate money; envelope with local tickets; note drawn by Frank Evans in favor of W. C. Manson for $30; note of Frank Gilmore, $25; note of Jas. C. Rice, $43.34; note of N. Bostwick $200; note of G. C. Wait for $35; note of R. C. Corwin, $25; note of N. Bostwick, $1,000; note of Will. A. Coulter, $50; receipt of Geo. C. Little from Y. C. Wait for 1618 lbs white oats; note of J. C. Swetland for $71.25; note of Ira D. Hunt, $400; note of J. B. Lewis, $105; note of J. W. McCracken, $10; note of B. V. Barry for $475 - $315 to be paid in gold, and $160 in currency; note of Wm. Knox for $4.08; copy of receipt of Lovell White for two notes for $267.50 each. U. S. gold coin for self and as an attorney in fact for Lydia C. Waite, dated San Francisco, August 8, 1877; statement on brown paper of account with Lydia C. Wait; gold stud in box; bunch of keys on ring; three jeweled shirt studs; gold collar button; ring without setting - amethyst setting found on the track; first-class ticket from Pittsburgh to New York, sold at Mansfield, Ohio, January 28; red backed memorandum book, black Russian leather cigar case, containing eight cigars; seven $20 gold pieces; 25 cent piece, Canada money; 20 cent pieces, 10 and 3 cent pieces in a Russia leather pocket-book; also $1.58 in silver coin; piece of gold coin; two penknives and box of matches. Some of the notes were copies of the originals. His satchel contained a six-shooter, and a number of articles in the make-up of a gentleman's toilet. All those articles were handed over to Hon. John Reilly, Superintendent of Transportation, to be retained until called for by those legally authorized to receive them.

 

The remains of the unfortunate gentleman were encased in a handsome burial casket by Mr. John Hickey, undertaker, and in charge of Mr. Joseph McCoy, of Superintendent Reilly's office, were sent to his late home at Mt. Gilead on the fast line at 8 o'clock last evening. A delegation of citizens and Master Masons of Mt. Gilead will meet the body at Crestline, Ohio.

 

Considering the short notice given to the members of the masonic fraternity here that the deceased was a fellow member, a very respectable number constituted themselves an escort and conveyed the body to the depot.

 

CURIOUS INCIDENT.
A Piece of Iron Takes a Five Years' Tramp Through a Man's Body.

 

Mr. Andrew Wertzberger, a brakeman on the Pittsburgh division, and residing on Fifth avenue, has had quite a curious experience with a piece of iron. Some five years ago, while hammering a wedge of iron, a spawl from the same entered the flesh of one of his arms. Neither the wound nor the foreign substance gave him any serious pain or inconvenience, and the circumstance was dropped from his memory. The other day while returning to this city on his train he felt a sharp, pricking sensation in one of his great toes. On reaching his home, he made a careful investigation into the cause of this unusual pain, and extracted the identical piece of iron that entered his arm nearly five years ago. The metallic wanderer was about one inch in length and of the thickness of a needle. It had about as much trouble and, in proportion, duration, to get out of Wertzberger's body, as the children of Israel had out of the wilderness.

 

Cars Destroyed at Pittsburgh.

 

The car record department has had considerable difficulty in determining the number of cars destroyed in the great conflagration at Pittsburgh last July. At last the record is complete, and the number is correctly set down at sixteen hundred and eighty-two, embracing every class, from a passenger to a stone car. This is one of the important departments of the P. R. R., and is most admirably managed by Mr. George W. Jones and his corps of gentlemanly and obliging clerks.

 

Those Thieving Burkhart Brothers.

 

A further hearing was had before Alderman Poffenberger at 2 o'clock on Saturday afternoon in the case of the Burkhart brothers, charged by the wife of William Burkhart with stealing a lot of her property just previous to her removal from Sugar Run to Altoona, after her husband was confined in jail at Hollidaysburg. The result of the hearing was that bail was entered in $1,000 for the appearance of the Burkhart boys at court. S. M. Woodcock, Esq., represented the brothers, and he says he thinks he can establish their innocence.

 

It is rumored on our streets that the parties hunting game out of season on Brush Mountain and in the Kettle are about to be called to an account for their unlawful acts.

 

EARNEST EFFORT.
Beautiful and Touching Incident in the Life of Hon. Abram S. Hewitt.

 

In the course of an exceedingly interesting discourse from Luke xv, 10 - "Likewise, I say unto you, there is more joy in the presence of the angels of God over one sinner that repenteth" - Rev. W. W. Evans, Pastor of the First M. E. Church, this city, detailed this thrilling incident in the life of Hon. A. S. Hewitt, of New York, and which, so far as our reading goes, we have never seen in print. Mr. E., after noticing the intense joy over the finding of the lost sheep, the lost piece of silver, and the returning prodigal, in contradistinction to the ninety and-nine that were safe and the son that had never transgressed, and to inspire his hearers to earnest, self denying effort for the salvation of their friends and loved ones, asked them to permit him to relate an incident heard by him from the lips of a friend of one of the actors in the fearfully thrilling scene:

 

A youth, the son of Peter Cooper, of New York, was an apparently hopeless invalid. His physicians said a sea voyage would alone save his life, and perhaps that would fail. The father could not accompany him, and shrank from the risk and separation involved, a separation that perhaps would be final. A schoolmate, the mere friend of young Cooper, offered to be his companion. Still the fond father hesitated. "Let him go,'' said the friend, "and for his life I will pledge my own," and the father at last consented.

 

The voyage was begun, but ended in disaster. The ship was wrecked, and surviving sailors with the two passengers were tossed in an open boat for long days on the waves of the deep. Their eyes had become weary in vain watching for succor, and hearts had grown heavy with the leaden weight of despair. Food was exhausted, and of water there was none. Frenzied in their hopelessness and mad through their sufferings, the sailors glared at one another and their passengers as does the famished wild beast of the forest at his prey; and at last their horrid thoughts took shape in words, "Let one die that the rest may live." Cooper and his friend protested, reasoned, plead against the inhuman plan. Their words and prayers availed nothing to men now brutalized by suffering. The lot was cast, and young Cooper's name was drawn. Now the friend pleads and prays again. As well to blocks of granite. He tells of the distant father's love and hope centered in this boy. He tells of that father's wealth, and in his name promises to all gratitude and reward. But their ears refuse to hear, their hearts are hardened by their misery. Nothing avails, and the knife is lifted to take the boy's life. Then the friend, mindful of his covenant to the father, cries, "Stop; if life must be taken, here is mine. I pledged my life for this that you are about to destroy. My body will give you more food than will that of this invalid. Take mine, and let him live." Against the tears and prayers of Cooper, they consented. “Give me but ten minutes for prayer," the friend asks. He kneels down and commits his soul to his God. Then rising, he gazes all around the horizon with an intentness that only the clinging of early manhood to life could inspire. Away there like a bird on top of distant wave, like a little thread of white cloud, he sees a single sail. "Saved!" he cries. "Saved you are from crime; saved we all are to life!"

 

That youth and friend was Abram Stevens Hewitt, of New York. And do you wonder when I say that since this incident of his early life has been told, I have never heard his name that I have not felt like getting down on my knees and thanking God for such a life, for such a man. You honor such nobility - we all do; and yet in your places of business, your social circles, your homes, are many dear to you, doomed to death - to worse than death - the ruin that sin brings. Around, glaring with horrible malignity, are the powers of darkness, seeking their blood. With relentless cruelty, born of hatred to God and good, Satan pursues them. Shall not a prayer be lifted, a tear dropped, a hand stretched out, an hour given, an effort put forth, a sacrifice made, by you, for their rescue and salvation? Oh, while we honor acts of heroism of man for his fellow man, let us learn that the highest and noblest work of life is to bring our friends and neighbors to Jesus.

 

ALTOONA EMIGRANTS.
A Colony Formed for Removal to Nebraska.

 

For some time past meetings have been held in this city for the purpose of organizing a colony for emigration to the west. To become a member of this colony it is necessary that each applicant be possessed of and not more than three hundred dollars in values - not absolute money - and not more than one hundred persons can become members. The organization has been going forward rapidly, in anticipation of the speedy passage of either of the land bills introduced into Congress by Hon. Hendrick B. Wright, of Luzerne county, or by General Banks, of Massachusetts. These bills recommend the government to aid colonies in a very substantial way that desire to locate in the west. A meeting of the Altoona colonists was held on Saturday evening in the basement of the Opera House to complete the roll of membership. This colony wishes to settle on lands of the Burlington and Missouri Railroad Company, in Nebraska. There was a large attendance at the meeting Saturday evening, the room being uncomfortably full. More than sixty people applied for membership. There were only twenty-five needed to fill the number necessary to the colony's completion. Mr. Wilson, of the Opera House restaurant, conducted the affairs of the meeting, and, after mentioning the fact that there were more applicants than there were places, said that they would proceed to complete the quota, which was done. The colony will now rest upon their oars until one or the other of the bills to aid them becomes a law.

 

OUR BIG INDUSTRY.
Locomotives Built and Repaired at the Altoona Shops During 1877.

 

During the year ending December 31, 1878 [sic], there were built at the shops in this city nine new engines of class H, and thirteen of class C. There were repaired of all classes in the erecting shop during the same time 224 engines. Of the locomotives damaged at Pittsburgh about fifty have been repaired here, while about a dozen have been repaired at Renovo and Harrisburg. Some engines were so badly wrecked in the Pittsburgh conflagration as to be practically worthless, and were sent to the scrap pile. A locomotive can be built at the Altoona shops in a very short time. A large Modoc was constructed in forty five hours, and it is thought that one can be erected in a day of ten hours. The time occupied in taking the wheels out from under the superstructure of an engine is just four-and-a-half minutes, and to transfer them from one track to another in the erecting shop, one minute. The above shows the capacity of our great industry in a single department. In any one of them, when it comes to do a job of work, it can be accomplished with unexampled and most astonishing rapidity.

 

Off for Texas.

 

A carload of emigrants of the first class, from somewhere in the vicinity of Harrisburg, passed through the city last evening on the fast line, bound for Fort Worth, in the Lone Star State.

 

The drug store of Mr. G. W. Kessler, on Eleventh avenue, was burglarized of a small amount of money and other articles at an early hour on Saturday morning.

 

COURT PROCEEDINGS.
MONDAY SESSION.

 

Court commenced at 10 o'clock A. M., His Honor Judge Dean presiding. The good looking associates occupied their customary stations on his right and left. J. C. Gifford, of Hollidaysburg, was appointed foreman of the Grand Jury, a most excellent selection, Mr. Gifford being specially noted for his strong practical common sense. The entire forenoon session was occupied in receiving the sworn returns of the constable's, hearing motions, petitions, etc., and transacting such other routine business as possesses no special interest to the great mass of the TRIBUNE readers.

 

Com. vs. John Masdon - Indictment, fornication and bastardy. Defendant pleads guilty to the soft impeachment and the usual sentence is imposed.

 

Com. vs. David Easbright - Indictment, riot. Defendant in this case "skipped out" soon after the suppression of the riots, in which it is alleged he took a prominent part, nor has he been since seen. Hence when the case was called the answer was, "defendant not taken."

 

At this stage of the proceedings Thomas W. Jackson, District Attorney-elect, was duly sworn into office by Prothonotary Stewart. A beautiful pink flush added to the attractions of Tom's already handsome face. It is believed that he will prove equal to any emergency that may present itself in the course of his official term.

 

Com. vs. John Smith - Indictment, fornication and bastardy. The inevitable John who is perpetually getting into trouble took in this instance the shape of a rather good looking young man, who said that he was not guilty but would submit. Sentenced to pay a fine of one dollar, costs, and thirty dollars lying in expenses to Margaret A. Brown, prosecutrix.

 

Com. vs. Clement Black - Indictment larceny. It was claimed on the part of the Commonwealth that defendant, on the night of May 6, 1877, in Altoona, had broken open a car belonging to the Pennsylvania Railroad company, and taken thence tobacco, coffee and tea. It was proven by several witnesses that the car was broken open on the night named; that goods answering to the description of those remaining in the car; that defendant on the night of the robbery, had been seen going in the direction of his home; that defendant, while in jail had confessed to a fellow prisoner that he had stolen tobacco and other goods from the railroad company, and that he had attempted to evade arrest. The case was given to the jury at 3.20 o'clock and at 3.40 o'clock they returned a verdict of guilty in manner and form as he stands indicted. District Attorney Jackson and R. A. Clarke for Commonwealth, A. V. Dively for defendant.

 

Com. vs. Elisha Dodson et. al. Indictment assault and battery. Not a true bill and D. R. Lingenfelter, prosecutor, to pay the costs.

 

Com. vs. D. R. Lingenfelter. Same charge as above, and Elisha Dodson, prosecutor, to pay the costs.

 

Com. vs. Henry Driver. Indictment, assault and battery. It was proven by the Commonwealth and not denied by the defendant, who is a boy of perhaps fifteen or sixteen, that in Altoona, on the 25th of December, 1877, defendant committed an assault and battery on Alexander Mock, by hitting him on the head with a large stone, knocking him senseless and inflicting an ugly wound. The case went to the jury at 4:05 o'clock, and a verdict of guilty in manner and form as he stands indicted was returned at 4:15 o'clock. District Attorney Jackson and R. A. Clarke for Com. Dively for Deft. Driver was sentenced to pay a fine of $30 and costs, and to undergo an imprisonment in the county jail for three months.

 

Com. vs. Daniel Thomas - Indictment, larceny. It was charged that defendant, on the night of November 27, 1877, entered the store of F. W. Olmes, Altoona, and robbed the safe of between $70 and $80. The proof depended upon by the Commonwealth was mainly the testimony of a young man named Cherry, employed by Mr. Olmes, who, from his testimony played the role of an amateur detective. According to his testimony Thomas gave him a part of the money and confessed that he had committed the crime; also that when arrested in Mrs. Dukes home Thomas passed him a roll of money done up in a rag, which he carried at once to Mr. Olmes. Mrs. Duke, who keeps house on Ninth avenue, swore that she saw Thomas pass something to Cherry. On the other hand officer Shellenberger declared positively that he stood between Thomas and Cherry at the time of making the arrest, and that it would have been simply impossible for anything to have been passed from one to the other unobserved by him. Thomas flatly denied that he stole the money, and said the whole thing was a "put up job" to shield the real criminal. It may be well to mention that Thomas is a colored man and had been in the employ of Mr. Turner in the capacity of a hostler. Mr. Bell, who had been appointed by the Court to look after the defendants interests defended his client in an able manner, while the District Attorney represented the Commonwealth. We are obliged to close our report as the case goes to the jury.

 

In the following cases nolle proses were entered by leave of Court on payment of costs by defendants:

 

Com. vs. Saml. J. and W. D. Shoenfelt - Indictment, conspiracy to cheat, &c.

 

Com. vs. W. D. Shoenfelt - fraudulently obtaining and secreting goods.

 

Com. vs. James Burkhart et. al. - Indictment, disturbing religious meetings.

 

Com. vs. John Yon and Levi Yon - Indictment, larceny.

 

Com. vs. J. Lingenfelter and Jacob Rupley - Indictment, assault and battery.

 

Com. vs. John Leopard - Indictment, adultery.

 

The following cases were continued:

 

Com. vs. Jacob Wash and Henry Castlow - Indictment, nuisance.

 

Com. vs. Michael Zeigler and John Shadle - same indictment.

 

Com. vs. E. C. Cherry - Indictment, fornication and bastardy.

 

Com. vs. Daniel E. Palmer and Henry E. Yon - Indictment, larceny.

 

Com. vs. Nicholas Murphy - Indictment, assault and battery.

 

The following persons indicted for riot were not taken and bench warrants were awarded:

 

James Hauser, Harry Bittner, Jos. Sager, Dan'l Benson, Dan'l Morgan, Frank Green, Henry Kimmerling, D. M. Walker.

 

Com. vs. Albert Jackson and H. W. McClellan - Indictment, riot. Nolle pros. by leave of court and on payment of costs by defendants.

 

Com. vs. Ed. Malone - Indictment, malicious mischief. Nolle pros. by leave of court and on payment of costs by defendant.

 

It will be noticed that the day has been a busy one, and that considerably debris was cleared away. Your reporter takes this method of returning thanks to Jones Rollins, Esq., court crier, and C. D. Bowers, Esq., Deputy Prothonotary, for favors extended.

 

The following items of business were attended to mainly at Monday morning's session, but it was impossible to get them in shape for publication yesterday morning.

 

ORPHANS' COURT.

 

Citation granted on heirs of James Elway, deceased, to show cause why specific performance of contract should not be decreed.

 

Rule granted on heirs of James Elway, deceased, to accept or refuse partition.
Citation awarded in Paul Acker, Ex'r., of John Acker, deceased, to file account; also to show cause why he should not give security.

 

Frank M. Glasgow appointed guardian of John Davis, Bertha Riley, minor children of William A. Riley, deceased.

 

Citation awarded on Mrs. Ann Keough to show cause, etc.

 

Fred. S. Wilt appointed guardian of John Weaver, minor child of John Weaver, deceased.

 

Report of George A. Dobyne, Esq., auditor appointed to distribute the balance in the hands of Calvin Smith, administrator of the estate of Samuel Harris, late of North Woodberry township, deceased.

 

Martin Bell, Esq., appointed auditor to hear and decide on exceptions to the partial account of Seth R. McCune, administrator of John McGraw, late of Frankstown township, deceased.

 

L. D. Aurandt appointed guardian of Ann Elizabeth, Cecilia Kate, and Joseph Hyle Carothers, minor children of Clarissa Carothers, deceased.

 

Return to order of sale of real estate of Stephen Vanscoyoc, deceased, ratified and confirmed.

 

Petition of J. H. Dilling, guardian of Aaron and Edward Brumbaugh, for an allowance. Granted.

 

Report of views appointed to make partition or appraisement of the real estate of Samuel Wistler, of Taylor township, dec'd., ratified and confirmed.

 

Return to order of sale of real estate of Samuel Wistler, dec'd., granted to D. L. Keagy, admr.

 

Return to order of sale of real estate of John W. Ressler, dec'd., ratified and confirmed.

 

Return to order of sale of real estate of Alfred Dale, dec'd, ratified and confirmed.

 

Appointment of A. V. Dively, Esq., auditor to hear and decide on exceptions to account of John J. Burkholder, admr. of Archibald McCahan, dec'd, enlarged.

 

Return to order of sale of real estate of Mary Isett, dec'd, ratified and confirmed.

 

Return to order of real estate of Charles Hughes, dec'd, ratified and confirmed.

 

Rule on Isaac Dellinger, guardian of Jordan, Daniel and Polly Thomas to show cause why allowance should not be granted.

 

H. H. Herr, Esq., appointed auditor to distribute the funds in the hands of R. G. McLanahan, trustee to sell real estate of Stephen Vanscoyoc, deceased.

 

Citation awarded compelling administrator of Stephen Vanscoyoc, dec'd. to file an account.

 

Return to order of sale of real estate of John Earlinbaugh, dec'd, ratified and confirmed.

 

Inquest on real estate of John Branstetter, late of Tyrone township, deceased, awarded.

 

Valentine Eichenlaub appointed guardian of Rose, minor child of Bryan Kelly, dec'd.

 

Return to order of sale of real estate of Paul Shiffler, deceased, ratified and confirmed.

 

Return to order of sale of real estate of Jonas Books, deceased, ratified and confirmed.

 

Return to order of sale of real estate of Thomas Kurtz, deceased, ratified and confirmed.

 

Return to order of sale of real estate of Jacob H. Stiffler, deceased, ratified and confirmed.

 

Order of sale of real estate of Jacob Skyle, deceased, continued.

 

Order of sale of real estate of Isaac Rhodes, deceased, continued.

 

COMMON PLEAS.

 

Rule on D. P. Ray, chief burgess of Tyrone, to show cause why mandamus should not be issued.

 

Satisfaction of mortgage recorded in Mortgage book A, page 358, ordered by the Court, on petition of Lucinda Weirbaugh.

 

A. J. Riley, Esq., appointed auditor to liquidate the amounts due the Mountain City Loan and Building Association, by L. Davis, W. H. Davis, J. R. Davis and Wm. Gardner.

 

A. V. Dively, Esq., appointed to liquidate the amount due the Mountain City Building and Loan Association by James Alexander.

 

Rule to show cause why judgment should not be entered against Thomas Elway and James Lowther for want of sufficient affidavit of defense.

 

Citation awarded against Daniel Ryan as. signee of Thomas McCaffrey, to file an account.

 

Sale of real estate of Henry Herr and wife, by assignee, James C. Hughes, confirmed.

 

Subpoena in divorce awarded on petition of Charles Duffy.

 

In the matter of the return of Hon. Charles J. Mann, appointed to hear a rule to show cause why mandamus should not be issued against Danl. P. Ray, Esq., Chief Burgess of the borough of Tyrone, leave given to respondent to file an answer within ten days.

 

Rule to show cause why modification of decree of court for the change in the mode of electing councilmen for Tyrone borough should not be made.

 

Rule to show cause why amount of alimony paid by S. W. Schlomoreitz should not be reduced.
Rule to show cause why judgment should not be entered against Elway and Lamison for want of a sufficient affidavit of defense.

 

License of Batchelor and Magonigal, St. Lawrence hotel, transferred to F. W. Olmes.

 

Sale of a portion of real estate of Archibald McFadden, by assignee, A. S. Morrow, Esq., confirmed.

 

Sale of a portion of real estate of Hugh Dunn, by John Clark, assignee, confirmed, and order of sale on the balance continued.

 

Order of sale to John Clark, assignee, of real estate of Jacob Dell, continued.

 

Order of sale granted to T. H. Heimes, assignee of Thomas McCafferty.

 

Subpoena in divorce granted on petition of Kate McKnight.

 

Martin Bell, Esq., appointed auditor to distribute money in the hands of the Sheriff arising from the sale of the real estate of N. R. McCurtin.

 

Sale of real estate by J. Irwin Woodcock, assignee of J. A. J. Williams, confirmed.

 

Rule to show cause why attachment should not be granted against Thomas McCann for non-compliance with the decree of court in the payment of alimony.

 

Order of sale by assignee of People's Planing Mill Co , continued.

 

Report of H. H. Herr, auditor to distribute money in the hands of the Sheriff, arising from the sale of real estate of Wm. H. Quinn, read and confirmed nisi. Exceptions filed by Hon Aug. S. Landis.

 

Report of R. A. Clarke, Esq., auditor appointed to hear and determine exceptions to the account of W. Irvin Woodcock, assignee of Samuel Smith, and to make distribution, read and confirmed nisi.

 

Report of Geo. A. Dobyne, Esq., auditor appointed to distribute the balance in the hands of Thomas Imler, assignee of A. K. Basslen, of Taylor township, read and confirmed nisi.

 

MONDAY EVENING.

 

Com. vs. Enos Keith, Stephen Cresswell and Harry L. Dry - Indictment, assault and battery. Defendants were charged with assaulting Wm. J. Malone, telegraph operator at Bell's Mills. The evidence showed that the boys, who are from Tyrone, had been taking a little up-country jaunt. The evening was rainy and they concluded to drop into the station-house at Bell's Mills to get warm. The agent put them out, roughly, as they alleged, and in fact, before two of them got into the house. On his part he assested [sic; attested] that he simply discharged his duty and was attacked and injured by the boys. The case was given to the jury at 8 o'clock.

 

Com. vs. James Maize - Indictment, fornication and bastardy. Defendant called three times in open court, and not appearing his recognizance was forfeited.

 

The jury in the Thomas case at this stage of the proceedings returned a verdict of not guilty.

 

Com. vs. William Malone - Indictment, assault and battery. The parties to this case are all residents of Hollidaysburg. The prosecutor is an elderly man named Myers who, as appeared by his own evidence, instead of spending his evenings in respectable company, was on the evening of December 22, 1877, in a vile whisky den on Juniata street, kept by one Jacob Shubert. While here the defendant and a party of friends came to the door, which seems to have been locked, and demanded admittance with intent to purchase some beer. At this point the details of the story vary according to the standpoint occupied by the prosecutor or the defendant. Myers testified that he advised Shubert not to admit the party, whereupon Malone attacked him with what seemed to be a billy, breaking his arm at the wrist, from which injury he has not yet recovered. Hays testified that injury could scarcely have been inflicted by a blow from a fist. For the defense it was claimed that Malone and his friends were quietly disposed; that they would have been admitted had not Myers objected; that Malone did not strike or strike at Myers; that he had nothing in his hand but a common clay pipe, and that when refused admittance the party walked quietly away. All in all, it was a thoroughly disgusting case. Had the ancient wagon-maker been as wise as he is old he would long ere this have learned to eschew bar-rooms and, per consequence, have been in the enjoyment of sound limbs. And were such young men as the defendant in this case wisely thoughtful for the future they would not impoverish their pockets, poison their blood, undermine their constitutions and destroy their intellect by gulping down the vile slops that are dealt out over the counters of such dens of vice as is that kept by this man Shubert. We have weighed our words. The case was argued by Hon. Aug. S. Landis for the defendant and District Attorney Jackson for the Commonwealth. Charged by the court, the jury retired at ten o'clock P. M. to deliberate upon a verdict, and the court adjourned until nine o'clock Tuesday morning.

 

TUESDAY MORNING.

 

Court convened at 9 o'clock. In reference to the tardiness of jurors and witnesses the court remarked with emphasis that all such who were not prompt in their attendance would be fined, and that without reference of where their residence may be.

 

The jury in the case of the Com. vs. Cresswell, Dry et al., above reported, returned a verdict of not guilty, and divided the costs between the parties to the suit.

 

The case of the Com. vs. William Malone the jury returned a verdict of not guilty, but imposed the costs on defendant.

 

Com. vs. William Burkhart and Mrs. Annie Young - Indictment, adultery. This was another case from "the ave.," in which the traditional mother-in-law was the Nemesis that brought defendants to the footstool of justice. It was claimed by the Commonwealth that Mrs. Young kept a house of questionable repute in this city, and that in December last Burkhart assumed the role of one of the proprietors of the house. Much of the testimony was of such a character as to be utterly unfit for publication. Defendants strenuously denied the charge against them. Their interests were cared for by S. M. Woodcock, Esq., while Messrs. Jackson and Tierney represented the Commonwealth. The case was given to the jury at 11.25 A. M. At 11.35 the jury returned with a verdict of guilty in manner and form as they stand indicted. A most righteous verdict.

 

Com. vs. Mrs. Ann Tierney - Indictment, selling liquors, keeping a gambling house, and permitting gambling on the premises.

 

Mrs. Tierney is the proprietor of a hotel in this city. The Commonwealth brought several witnesses to establish the alleged fact that on several occasions she had kept a gambling house, and that parties were in the habit of playing for the beer. It was contended by the defense that even if liquor had been furnished to minors, as seems to have been established by the testimony of one witness, it was not a willful furnishing, such as the law contemplates. It was also claimed by the defense that the alleged gambling was in the nature of social pastime, without the encouragement or connivance of the defendant, and she had no knowledge that the party ever played for the beer, even if they did so. The jury returned a verdict of not guilty of selling liquor to minors, and prosecutor and defendant to pay each one-half the costs; not guilty of keeping a gambling house, but guilty of permitting gambling on the premises.

 

Com, vs. W. Fisk Conrad. Indictment, malicious mischief. This case originated in a difference of opinion between the Burgess of Tyrone and the Council in reference to a board walk in that borough. Mr. Conrad, who is a member of the Council, is charged with having torn up this board walk out of pure malice, after there had been considerable difference of opinion and some very hard words between himself and his brethren of the Council. It was admitted by defendant that he did throw down the loose hand-railing, but that this was done in obedience to orders from Burgess Ray; that instead of defendant being impelled to this course by malice, he was actuated by a desire to protect the interests of the borough, and to guard against injury to persons or loss of human life. Many witnesses were called on each side, and the whole ground was contested desperately by the counsel. J. D. Hicks for the Commonwealth and Hon. S. S. Blair for defendant. The trial occupied the entire afternoon session from 2.45 o'clock. As the whole affair is a rather disgraceful episode in the history of the goodly town of Tyrone, and one of which it is believed all the parties concerned will be heartily ashamed in a few years, it has not been deemed advisable to prepare an extended account thereof. The evidence closed at 5.30 o'clock, when the court adjourned to 7 o'clock P. M.

 

Com. vs. George Hoeffler and Mrs. Christian C. Mobus - Indictment, assault and battery. Grand Jury ignored the bill and the prosecutor, C. C. Reese, sentenced to pay the costs.

 

TUESDAY EVENING'S SESSION.

 

Court convened at 7 o'clock, and Mr. Blair addressed the jury on behalf of the defendants in the case of the Commonwealth vs. W. Fisk Conrad. He was followed by A. A. Stevens, Esq., on behalf of the Commonwealth. After a lucid and impartial charge by the court, the jury at 8.20 o'clock, retired to make up their verdict. At 8.55 they returned with a verdict of not guilty but to pay the costs.

 

Com. vs Christ Kellerman, H. Garver and Sanford Cherry - Indictment, assault and battery. Nolle pros. by leave of court on payment of costs by defendants. Defendants also held in $300 to keep the peace.

 

Com. vs. J. H. Westbrook - Indictment, forgery. Defendant pleads guilty and submits.

 

Com. vs. Geo. Ehringer, Wm. Madden and James Hickey - Indictment, larceny. Ehringer pleads guilty and submits. Nolle pros. as to Madden, Hickey not taken. Here defendants were charged with stealing iron from the Pennsylvania railroad company in this city.

 

Com. vs. Rupert Leader - Indictment, embezzlement. Mr. Leader was appointed collector of taxes for this city, and the Commonwealth alleges that he has appropriated to his own use several thousand dollars belonging to the city. The case had not got fairly started when court adjourned until nine o'clock Wednesday morning.

 

THIRD DAY.

 

Court commenced at nine o'clock A. M. The list of civil causes down for trial was called over and a little other routine business was transacted. The trial of the Leader case was continued, but was abruptly terminated, for the present, by the objection of the defense to any evidence until the warrant, under which it was alleged he acted as collector, was produced. The Commonwealth said that the warrant was in possession of defendant, and that he had refused to produce it. In this state of affairs the case was held over until ten o'clock this morning, and notice was served on the defendant to produce the necessary document.

 

Com. vs. George and Thomas Burkhart - Indictment, larceny. This case has already been reported in the columns of the WEEKLY TRIBUNE. It is a part of the family fight which will result in the breaking up of a family and the imprisonment of at least one member of the family for many months. It was alleged by the Commonwealth that defendants had stolen a colt belonging to their half-brother, William Burkhart. On the other hand, it was claimed that William sold the colt to George for the purpose of raising money to pay counsel fees, etc. In the charge of the court it was said that while the whole conduct of these young men was bad, there was nothing in the evidence to warrant a verdict of guilty of the offense charged. Accordingly, under instructions from the court, the jury returned a verdict of not guilty without leaving the box.

 

Com. vs. Nathan Bradford - Indictment, 1, assault and battery; 2, aggravated assault and battery. The parties to this case are American citizens of African descent, resident in this city. The prosecutor, Daniel Singleton, testified that some seven or eight weeks ago defendant attacked him with a razor, cutting him badly on the back and arm, severing the muscles of his arm, and paralyzing his left hand. Singleton also testified that about a week previous to the cutting affray defendant came into his saloon and kicked up a fuss; that a fight ensued, after which Bradford said he would put a head on him. On the night of the cutting prosecutor admitted that he attacked Bradford and hit him with a cane a half hour previous to receiving the injuries from which he is now suffering. Several witnesses were called to sustain Singleton's testimony, and Dr. Walker testified as to the nature and extent of the wound.

 

On behalf of defense Bradford testified that Singleton made an unprovoked assault upon him with a club; that he ran away; that Singleton, as he believed, followed him and made another attack upon him; that he was afraid of Singleton and drew the razor to defend himself; that he was so badly frightened that he scarcely knew what he was doing; that he carried the razor in his overcoat pocket in order to keep it from his little child; that he did not carry the razor for the purpose of injuring Singleton; that the cutting was done in self defense. While giving in his testimony the witness broke completely down and wept like a child. A number of witnesses were called to prove defendant's character for peace and good order. The Commonwealth also called several witnesses who thought defendant's character was not good. Mr. Dively, who represented Bradford, said he would be perfectly willing to send the case to the jury without argument. He was taken up by Mr. Blair, for the Commonwealth, and thus an hour of precious time was saved. The jury retired to make up their verdict at 3:08 o'clock, and at 3:50 o'clock returned with a verdict of not guilty. The costs were divided between prosecutor and defendant.

 

Com. vs. Frank Washington - Indictment, larceny. Mr. Washington is a colored citizen of this borough, not of a strikingly pleasing cast of countenance, and resembling the immortal George in nothing save the name. He was charged with the larceny of various articles of clothing, etc., from residents of this city, in or about the month of November last. John Kohoe, police officer, testified to visiting Washington's home armed with a search warrant, and there finding shirts, shawls, spreads, etc., which were identified by several parties who were placed on the stand. Mr. Washington took the stand and testified to a blissful ignorance as to the presence of stolen goods in his house. He knew nothing whatever of crocks and shawls, tubs and spreads, or the other articles which were found in his house. His defence was conducted by J. Irvin Brotherline, while District Attorney Jackson represented the Commonwealth. Very brief arguments were indulged in by counsel and the case went to the jury at 4.08, and 4 20 they returned a verdict of guilty in manner and form as he stands indicted. There were two indictments against the defendant and he was found guilty on both indictments.

 

Com. vs. John Lane - Indictment, assault and battery. This is a Hollidaysburg case, in which the defendant is white, the prosecutor colored. The facts in the case were given in Monday's issue of the TRIBUNE and the testimony elicited confirmed the correctness of our report. The jury without leaving their places found the defendant guilty of assault and battery.

 

At this point court adjourned until 6.30 o'clock P. M.
ORPHANS' COURT.

 

Samuel Black appointed guardian of minor children of Margaret Turnbaugh, deceased.

 

Citation to Mrs. Lasher, admrx. of Andrew Lasher, deceased, to file account.

 

COMMON PLEAS.

 

Return to order of sale of portions of real estate of B. F. Bell by O. K. Bell, assignee, ratified and confirmed, and order as to balance continued.

 

An Exciting Time at Mineral Point.

 

On the Philadelphia Express east at Conemaugh last night eleven desperate tramps jumped on the train, determined to beat their way to whatever point their fancies led them. Mr. S. W. Elliott is the conductor of this train, and in the discharge of his duty determined that they should be put off. He sent a brakemen to the rear to order the peripatetics to vamoose, and they were all "bounced" except two, who acted as though they were intoxicated, and refused to move. The conductor then went back and ordered the two tramps to get off the train. The train having by this time reached Mineral Point and stopped, the nine others who had got off skulked along the track, pretending to be intoxicated, evidently ready to assist their comrades if it became necessary. When the conductor ordered the two men off they got down upon the ground and one of them pulled out a large navy revolver and the other a long bottle filled with whisky, and threatened to knock the conductor's head off. The conductor proceeded as far as the engine, followed by the desperadoes, when the fireman covered them with his pistol and ordered them to desist. The train then started again, and all the tramps were left behind. The conductor also drew his revolver upon the villains when they said: "G-dd-n your revolver; we don't scare worth a cent!" Mr. King is the fireman, and if he had not produced his weapon and pointed it at the rascals there might have been a murder to record. The tramps were evidently men of the worst character, and recked not what they did. Conductor Elliott was much exasperated, but controlled himself to a remarkable degree.

 

An Unfortunate Family.

 

About four o'clock Wednesday afternoon, Lewis McClelland, son of Mr. J. P. McClelland, residing on Lexington avenue, near Eleventh street, met with an accident which might have proved more serious to him. With two other boys, Lewis proposed to make himself happy over the noise occasioned by the explosion of a railway signal cap. He placed the dangerous explosive on the curbstone, and taking a respectful distance, with another stone exploded the cap. There was a loud report and a yell that told that somebody was hit, and there was. A piece from the metallic casing struck Lewis on the cap of the knee, inflicting a severe wound, and which may prove a dangerous one unless he takes care. Dr. Fay dressed the injury. Mr. McClelland, who is a conductor on the P. R. R , is quite unfortunate with his family, having lost one child by drowning, another by falling off a board pile and breaking his neck, and a third by natural death.

 

MARRIED.

 

MCCARTNEY - CRAMER - On December 13, 1877, by Rev. M. K. Foster, Mr. D. Irvin McCartney and Miss Jennie M. Cramer, both of this city.

 

GEESEY - MOORE - On Sunday, November 4, 1877, by Rev. ___, Mr. Silas Geesey to Miss Kate Moore, both of Frankstown.

 

RAMSEY - SILKNITO - January 17, by Robert Waring, Esq., Mr. Wm. G. Ramsey, of Altoona, Blair county, and Miss Ollie Silknito, of Huntingdon, Pa.

 

DIED.

 

FOURCE - In Tyrone, January 20, Mr. Wm. D. Fource, son of John D. and Mary A. Fource, aged 22 years, 5 months and 2 days.

 

RAMSEY - In Tyrone, Jan. 18, Hattie, daughter of Mr. S. S. and C. M. Ramsey, aged 3 weeks and 2 days.

 

DANLEY - In Tyrone, January 22, of paralysis, William L. Danley, aged 56 years, 10 months and 29 days.

 

CLABAUGH - In this city, January 25, Edward B., infant son of Wm. H. and Rachael I. Clabaugh.

 

SAGERS - In this city, January 27, Mr. John W. Sagers, aged 53 years and 4 months.

 

MILLER - In this city, January 29, Penrose Miller, of consumption, aged 30 years and 8 months.

 

Altoona Tribune, Altoona, Pa., Thursday, January 31, 1878, page 3

 

HOLLIDAYSBURG DEPARTMENT.

 

Most of the jurors swear by the book.

 

The rolling mill of B. M. Johnston & Co., is running on full time.

 

The furnaces are in full blast, as they have been, unless blown out for repairs, ever since the beginning of the panic.

 

It is rumored that the Lindsey brothers of this place, have secured letters patent for an improvement in encasing buildings with brick.

 

Frankstown miners are taking a holiday on account of a difference of opinion between themselves and their employers in the matter of wages.

 

The county prison is densely populated. There must be less crime to the square mile in this county or an addition built to the county hotel presided over by that model officer, John McClure, Esq.

 

The court sessions last week didn't clear the docket of a dreadfully large number of causes. Somehow, there is nothing so slow as the law, except, perhaps, a delinquent subscriber; nothing so gloriously uncertain save the promise of the same individual.

 

On Saturday morning a five year old son of William Marke, while fooling around a straw cutter managed to amputate the second finger of his right hand between the first and second joints. Dr. Hays gave the necessary attention, and it is safe to conclude that young Marke will henceforth give the treacherous straw-cutter a wide berth.

 

"Is there a hell?" stares our people in the face from every bulletin board and vacant space in the town. A hundred years from now, it is feared, the conundrum will have been painfully answered for many of them.

 

It is announced that the scarlet fever is raging among the children who are won't [wont] to attend the Brush Mountain school house, near this borough, to such an extent that the school has been closed. Having just found through an experiment with this dreadful disease, the writer is prepared to sympathize with those into whose homes it finds its way.

 

Margaret Allen, a widow and a consistent member of the Baptist church, fell asleep on Friday morning last, after a lingering and painful illness. She was quite alone in the world and none remain to mourn her departure except the Christian people who have ministered to her necessities.

 

The M. E. people of Martinsburg have about completed the rehabilitation of the interior of their house of worship, and flatter themselves that they will soon have one of the neatest churches in the county.

 

Local politics begin to bubble. The rival candidates for municipal honors will comfort each other under strange banners this year - Greenback-Labor and Citizen. And soon the cry will be heard through the streets and alleys and in the beer slums, "under which king, Benzonian?''

 

A GRATIFYING EXHIBIT

 

At the annual meeting of the Blair County Protection Mutual Life Insurance Company, it was developed that, in spite of the hard times, the business of the company for the last year shows an advance of twenty-five per cent. over the previous year. This is a gratifying exhibit. The following officers have been elected for the ensuing year :

 

President - Hon. Thad. Banks.
Vice President - Col. R. A. M'Murtrie.
Treasurer - Col. William Jack.
Secretary - Fred. Jaekel, Esq.
Directors - A. S. Morrow, Jas. R. Patton, Wm. H. Gardner, A. L. Holliday and John Clark.

 

MORE TRUTH THAN POETRY.

 

Inquiry at headquarters develops the fact that there is more truth than poetry in the rumors that have been floating around relative to the contemplated removal of the coking apparatus connected with the furnaces of Wood, Morrell & Co., at this place, to Bennington. The powers that be have had this project under consideration for some time past, and have arrived at the conclusion that they can save money by making the change. In these troublesome financial times when individuals or corporations discover any method by which a reduction in expenses can be effected, it behooves them to adopt it without delay. If it were not for the furnaces and the rolling mills one would be at a loss to know what would become of the tramps, and the nice young men who occasionally get too "full" to risk going home. However, these interesting classes may congratulate themselves that even if the coke pit fires do fade into everlasting darkness, the mills and furnaces remain for their accommodation.

 

BLAIR COUNTY GAME AND FISH CLUB.

 

At the regular monthly meeting of this club, held at the office of C. Blythe Jones, Gaysport, on Friday evening last, the following persons were selected to act as officers for the ensuing year:

 

President - John Lingafelt, Esq.
Vice Presidents - Dr. T. H. White and J. P. Stewart, Esq.
Treasurer - A. S. Morrow, Esq.

 

BLAIR COUNTY AGRICULTURAL SOCIETY.

 

Quite a full meeting of the stockholders of the above society was held at the office of the Secretary, Fred. Jaekel, Esq., on Monday afternoon. The report of the Treasurer was heard and the President and Secretary instructed to sign orders for the payment of outstanding bills, after which the following persons were elected officers for the ensuing year:

 

President - James W. Riddle, Antis.
Vice Presidents - D. D. Morrell, Henrietta; and A. K. Irwin, Antis.
Treasurer - James Gardner, Hollidaysburg.
Corresponding Secretary - A. S. Morrow, Hollidaysburg.
Recording Secretary - Fred. Jaekel, Hollidaysburg.
Directors - W. C. Bayley, Hollidaysburg; Samuel R. Schmucker, Woodberry; Max. K. Moore, Frankstown; Col. Wm. Jack, Hollidaysburg; A. M. Lloyd, Gaysport; John Musselman, Duncansville; F. D. Young, Blair; Sol. Lehman, Martinsburg; S. C. Tussey, Frankstown; Joseph Wagner, Woodberry.

 

Upon taking the chair the newly elected President delivered a brief address, urging the stockholders to begin preparations for making the fair, which will be positively held the coming fall, a grand success. His remarks were well received, and it may be set down as an established fact that the fair will be held, and that if energy and hard work will make it a success, such will it be.

 

Hon. Thad. Banks was elected a member of the State Board of Agriculture for three years from January 1, 1879. Mr. Banks is one of our model farmers, as you know, and will most creditably represent the agricultural interests of Blair county on the State Board.

 

CUTTING AFFRAY.

 

On Thursday evening Jack Lane (white) and Jack Alexander (colored), who are next door neighbors, had a little difficulty which might have resulted badly. Alexander's version of the affair is given below, and may be taken cum grano salis. Quite a number of persons were sitting in Hewit's livery stable, sociable like, enjoying themselves in conversation and eating peanuts. After while Alexander directed a boy of the party to get a broom and sweep up the dirt. Lane, supposing that the word "dirt" contained a personal reference to himself, asked Alexander what he meant by the expression. All "reference to allusions'' were earnestly disclaimed, and for some fifteen minutes everything was lively. Suddenly Lane jumped to his feet - Alexander had previously risen, announcing his intention of going to the postoffice - and displaying a knife declared that he would make mince meet out of the "man and brother." He attempted to carry his threat into execution, striking out vigorously with his ugly weapon. Alexander grasped a chair with which he warded off the blows of his assailant, luckily getting off without injury save to his overcoat, which was pretty badly cut. Finding himself foiled in this direction Lane "cleared out" the livery stable, and when Officer Lowry put in an appearance he was found with his feet elevated to the top of the stove, sole monarch of all he surveyed. Information had been made and the matter will be settled in the quarter sessions.

 

LANDLORD IN THE LOCK-UP.

 

An individual claiming to be the proprietor of a hotel at Lloydsville was in town on Friday. Towards evening his load got pretty heavy and he became the centre of attraction for a group of bad boys who followed him from place to place, causing him no small annoyance. Officer Lowry tackled him, when the inebriated individual declared that he had been making no noise; that the boys had been the authors of the disturbance that had attracted the officer's attention, and that if there was any one thing which he longed for more than another it was to get to the American House and get quietly to bed. There was reason in this, and Lowry said it was all right, he should get to the American House. This occurred in front of the Court House. They locked arms and proceeded quietly up Allegheny street. When in front of John Brotherline's residence the inebriated landlord suddenly grasped Lowry by the throat and threw him violently upon Brotherline's porch, where he proceeded to choke him in a scientific manner. Garber cried for help, and it came in the person of Janitor Westover of the Court House. The officer was released and the pugilistic landlord accommodated with quarters in the lock up, where he was kept until about eleven o'clock when he was released, through the goodness of Mr. Lowry's heart. The constable says that is his first experience of how it feels to be choked.

 

Altoona Tribune, Altoona, Pa., Thursday, January 31, 1878, page 4 

 

 

 

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