NEWS: Items from the Altoona Sun, November 8, 1872, Blair County, PA

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Altoona Sun, Altoona, Pa., Friday morning, November 8, 1872

Court Proceedings.

  On Monday, October 28, the Courts of Blair county commenced their 
regular session for the October term.  The trains from all directions 
brought quite a number of spectators, officials, plaintiffs and 
defendants, and a stream of humanity crowded the streets giving our 
borough quite a busy aspect.  Court called at 10 1/2 o'clock, Hon Judge 
John Dean on the bench.  The vast multitude of petty cases were for the 
most part settled without coming to trial, either through the temerity 
of the parties, who feared the verdict of the inevitable twelve, or on 
account of a failure on the part of the grand jury to find true bills.  
But four criminal cases were tried, the first being Commonwealth vs. 
Sidlinger, indicted for the murder of Wm. Wingate, on the 4th of July 
last, at Tyrone.  The particulars, as appeared in the testimony, are 
briefly these: Sidlinger was in the tavern of George Troutwine, at the 
above named place, on the 4th of July, when a quarrel took place 
between one Smith and a man named McMurtire.  Sidlinger put Smith out.  
Enraged at this, Smith returned to the bar room and renewed the 
dispute.  He was ejected a second time.  His friends gathered about 
him, and he threatened Sidlinger and his company, who at once started 
in pursuit of Smith & Co.  At this stage of the game, Wm. Wingate 
appeared upon the scene, and stepped between the hostile parties for 
the purpose of quelling the disturbance, and assisting the policeman, 
who was also endeavoring to preserve order.  Wingate laid his hand on 
Sidlinger's shoulder, saying, "Come, John, this won't do.  Come away 
from here.  I am your friend, and don't want to see you whipped."  
Sidlinger tore loose from Wingate, and then made towards him as if to 
strike him, at the same time calling him a son of a bitch.  Wingate 
thrust or pushed him back, saying "Don't call me that name again."  
Sidlinger then drew a small four barreled revolver, and stepping back a 
short space shot Wingate, twice, from the effects of which he died the 
next evening.  The District Attorney was assisted by Hon. R. M. Speer, 
of Huntingdon.  A. S. Landis, Esq., and Mr. A. E. Stevens, of Tyrone, 
while the defense was conducted by Hon. S. S. Blair, D. J. Neff Esq., 
and W. H. H. Young, of Tyrone.  The charge of Judge Dean was remarkably 
clear and succinct, and the jury did not long hesitate in making up 
their verdict.  The left the box about half past nine, and at eleven 
returned a verdict of "Guilty of murder in the second degree."
  Commonwealth vs. George Port.  Indictment fornication and bastardy.  
The prosecutrix came on the stand and swore point blank that "he did."  
The defendant then marched boldly forth and on his oath declared that 
"he didn't."  Quite a number of witnesses were examined on both sides 
and the cases was argued by counsel.  The jury, as if desiring to see 
nature's proof in the matter, called for the child to be brought before 
them, the color of whose hair and eyes were identical with those of 
defendant.  After retiring a few minutes they returned with the 
verdict, "Guilty in manner and form as he stands indicted."
  Commonwealth vs. W. Franklin Ruggles.  Indictment fornication and 
bastardy.  The defendant in this action was a boy who must yet breathe 
the air of several summers before he emerges from his teens.  The 
prosecutrix was rather an ancient looking female, robust and masculine 
in appearance, and old enough to be the defendant's mother.  The sight, 
though it might be deemed painful to some, seemed to the spectators 
present to border closely on the ridiculous.  The thumping of the 
tipstave, however, with that huge pole, reminded them that they were in 
a temple of Justice where neither mirth nor levity were supposed to 
enter in.  The witness swore a "straight story," which for want of 
contradiction, obliged the jury to find the lad "guilty in manner and 
form as he stands indicted."
  Commonwealth vs. John Thomas.  Indictement "aggravated assault and 
battery."  The evidence was all against the defendant, who, it appears, 
threw a stone at one Jacob Ouncst, strking him on the right cheek just 
below the eye.  Verdict, "Guilty."
  Same vs. Michael Smith. - No. 10, Oct. sessions, 1872 - indictment 
burglary - true bill - guilty - sentenced to pay $5 costs and be 
imprisoned two years and six month in penitentiary.

COMMON PLEAS.

  Wm. Naugle vs. John Nelson and A. J. Wisegarver - No. 128 Oct. term 
1872 - interpleader issue.  Continued to January term, 1873, at costs 
of plaintiff.  Banks and Hewit for plaintiff, Baldridge and Rawlins for 
defendants.
  McCoy's administrator vs. C. E. Stanbergers - No. 103 April term, 
1870 - Assumpset - Verdict for plaintiffs for $1,976 92.   Neff and 
Riley for plaintiffs, Blair for defendant.
  John Brotherline vs. Casey Murdock, Richard Levick and G. L. Trask - 
No. - term 1870, Ejectment.
  This was an action of ejectment to recovery the undivided one-half of 
two tracts of land lying on the mountain.  Surveyed on warrants laid by 
John Kunkel, in the names of Aaron Bowen and Timothy Lewis, and dated 
February 5, 1793, excepting a small portion covered by a previous 
warrant, or interference in the name of Valentine Bell.
  The plaintiff claims under the title of Kunkel and offers his deed 
from Hannah Cloak, dated to 1870, as one of the heirs of Kunkel.  
Verdict for plaintiff.