NEWS: Items from the Morning Tribune, January 13, 1891, Blair County, PA Contributed for use in the USGenWeb Archives by JRB Copyright 2009. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/blair/ _________________________________________ Morning Tribune, Altoona, Pa., Tuesday, January 13, 1891 BLAIR COUNTY COURT THE JANUARY TERM IS NOW IN SESSION. A Large Number of Motions and Petitions Heard by His Honor Yesterday and Various Action Taken Thereon - The Grand Jury Returns Quite a Batch of True Bills. JURIES LISTEN TO EVIDENCE IN CASES Some of the Defendants Plead Guilty and Sentences Were Imposed. Other Notes. The several courts of Blair county convened yesterday morning at 10 o'clock in the court house, at Hollidaysburg, with Hon. John Dean on the bench. The large auditorium was well filled with a throng of jurors, witnesses and spectators, and the county representatives of the legal fraternity were seated in full force within the sacred enclosure of the bar. Mr. Jesse Ickes, of Altoona, was selected as the foreman of the grand jury. Constable Joseph Crissman was appointed to wait upon the grand jury, and Constables Harry Boon and David Barret, were selected to provide for the needs of the petit jurors. The several constables throughout the county were duly sworn to the truth of their quarterly returns before the court. The papers in no less than eleven divorce cases were handed up for the inspection of his honor. The bar list was called and the attorneys responded with the following motions and petitions. MOTIONS, ORDERS AND PETITIONS. William Butler was discharged from imprisonment in the county jail under the insolvent laws. Alexander - J. D. Blair, esq., guardian, was ordered to refund $40 to the John F. Olmes estate. Amies - The report of the commissioner in the divorce case of Mildred D. Bolds vs. James Bolds was filed. Baldrige - The auditor's report in the estate of Peter and Susan Weaver was referred back to the auditor. Same - Specific performance of contract was decreed in the estate of Michael Strayer, deceased. Craig & Bowers - The report of J. H. Craig, esq., auditor in the assigned estate of Simon Weil was confirmed nisi. Same - Nora Wingard was adopted as a child of J. E. Latchford. Same - The report of George B. Bowers, esq., auditor in the estate of Meinhart vs. Meinhart, was confirmed nisi. Baldridge - A rule was awarded on the heirs in the estate of Sarah E. Metzker, deceased, to accept or refuse certain real estate. Same - George E. Bowers, esq., was appointed trustee to sell the real estate of Anthony Cherry, deceased. Calvin - The report of Matthew Calvin, esq., auditor in the estate of Henry Blos, deceased, was confirmed nisi. Doyle - The report of the commissioner in the divorce case of Alice Farran vs. John F. Farran, was filed. Greevy & Patterson - J. H. Craig, esq., was appointed commissioner in the divorce case of Shillito vs. Shillito. Same - J. A. Doyle, esq., was appointed commissioner in the divorce case of Martha Black vs. Joseph Black. Same - A subpoena was awarded in the divorce case of P. H. Brunner vs. Alice Brunner. Thomas H. Greevy, esq., announced that his pending congressional contest demanded his entire time and attention, and that therefore he could not appear in court as counsel in many causes. He asked for the continuance of all the cases in which he was interested. The request was complied with in many instances, other counsel offering no objections. But in the case of the Commonwealth vs. Millard F. Bentley, District Attorney Bell vigorously opposed a continuance. Mr. Greevy produced the certificate of a Washington physician that set forth that Mr. Bentley was lying ill in that city. Notwithstanding the vehement remonstrances of Mr. Greevy, the court decided that this case must go to trial. Hewit - Interpleader rules were awarded in the cases of Lane & Myers vs. S. K. Westley, and Baltzell Bros. vs. Mrs. Annie McMullen. Same - Miss Blanche Meadville was adopted as the child of Ruth A. Meadville. Hicks & Templeton - A subpoena was awarded in the divorce case of Mary E. McGarvey vs. Alonzo F. McGarvey. Same - The sale of the real estate of George Troutwine, jr., to Jennie E. Robison, for $1,280, was confirmed nisi. Same - The tavern license of the Keystone hotel, Tyrone, was transferred from William F. Vogt to S. B. Wallace. Same - The forfeiture of recognizance in the case of Commonwealth vs. Harry W. James was taken off, on payment of costs accrued. Leisenring - The report of the viewers in favor of a road to lead from Kittanning Run to Delaney postoffice was confirmed nisi, and it was ordered that the road be opened thirty feet wide. Same - The sale of the real estate of Thomas B. Shaw, deceased, to J. D. Hicks, esq., for $860, was confirmed nisi. Lysinger - The polling place for Martinsburg was fixed at the store of F. W. Keagy. Same - The report of viewers in favor of a public road in North Woodbury township was confirmed nisi. Leisenring - W. L. Pascoe, esq., was appointed auditor to distribute the funds arising from the sheriff's sale of the personal property of A. L. Ritchey. Landis - The report of Hon. A. S. Landis, auditor in the assigned estate of Edward T. Dunn, was confirmed nisi. Neff, Hicks & Ambrose - A subpoena was awarded in the divorce case of Bella Gerber vs. John Gerber. Same - An alias subpoena was awarded in the divorce case of Belle Gerber vs. John Gerber. Same - An alias subpoena was awarded in the divorce case of Annie Detron vs. William B. Detron. Same - A rule was awarded to show cause why plaintiff should not proceed in the case of Leas and Bartley vs. Harry Hostler. Patterson, J. K. - Rev. N. J. O'Reilly was appointed guardian of Miss Viola Krugh. Riddle - The sale of the assigned estate of Elizabeth Stahl to James S. Cross was ordered to be set aside if consideration money is not paid within ten days. Stevens & Owens - Alias subpoena was awarded in the divorce case of John F. Hall vs. Ellen M. Hall Same - The bond of P. J. Walsh, guardian of the minor children of Michael Kearney, was approved. Same - The sale of the real estate of James B. Chamberlain, deceased, to William D. Rhodes, for $1,675, was confirmed nisi. Shaw & Graffius - The trustee in the estate of Peter Geib, deceased, was ordered to pay the funds in his hands, not affected by the exception to auditor's report. Same - A citation was awarded on John Isett, guardian of Mrs. Mamie Henry, to file an account. Same - A rule was awarded to show cause why T. J. Armstrong, guardian of minor children of Margaret J. Stewart, should not pay out the funds in his hands. Smith, J. H. - An order of sale was granted in the assigned estate of A. R. Riling and S. H. Nicewonger. Same - The report of viewers in favor of a public road in Taylor and North Woodbury township was confirmed, and it was ordered that the road be opened thirty-three feet wide. Woodcock, W. I. - James Mundorf was appointed trustee to sell the real estate of Mrs. Margaret Snare, deceased. Same - Robert W. Smith, esq., was appointed auditor to decide exceptions and make distribution of funds in the estate of George Erb, deceased. Same - Jesse L. Hartman was appointed trustee to sell the real estate of John Roush, deceased. Same - Matthew O'Hara was discharged from imprisonment in the county jail under the insolvent laws. Woodcock, W. L. - Specific performance of contract was decreed in the estate of S. M. Woodcock, deceased. Young - Daniel N. Hanley was appointed constable for Taylor township, vice Samuel R. Shiffler, deceased. Spang - The execution of D. B. Barnett vs. John W. Lykens was stayed and rule awarded to show cause why judgment should not be set aside. Riley - A rule was awarded to show cause why Mrs. Elizabeth Marks, executrix, and A. F. Hess, executor of Nicholas Marks, deceased, should not be discharged. Same - The bond of Warren H. Moore, committee of Warren Fleck, was approved. C. D. Beegle, the former committee, was discharged. Same - John O'Toole, esq., was appointed guardian of Anna Elizabeth Leslie. Leisenring - The report of J. S. Leisenring, esq., auditor in the estate of Amanda Cox, deceased, was confirmed nisi. The following rule of court, recommended by the Blair County Bar association, was adopted by the court: "In an orphans' court sale a notice by postal card shall be given to all lien creditors, or their attorney, of the day of sale, by the attorney, petitioning for such sale." Final disposition was made of the following cases on the civil list: Joseph Goldsmith & Co., vs. H. March. Continued by consent of counsel. Vincent Flanigan vs. Bell's Gap Railroad Company. Continued by consent of counsel. The grand jury made return of the following bills of indictment: Commonwealth vs. James Baker and Joseph Hamilton. Larceny; receiving stolen goods. A true bill. Commonwealth vs. William A. Baker. Larceny; receiving stolen goods. A true bill. Commonwealth vs. Blair Brown. Felony; shooting at Moses Brown. A true bill. Commonwealth vs. George Hooper. Fornication and bastardy. A true bill. Commonwealth vs. Charles Bauer. Fornication and bastardy. A true bill. Commonwealth vs. Joseph Graffius and Lizzie Donner. Larceny. A true bill. Commonwealth vs. Frank Merritt. Forgery. A true bill. Commonwealth vs. Blair Penlow. Malicious mischief. A true bill. Commonwealth vs. Edward Weakland. Robbery. A true bill. Commonwealth vs. Lincoln Loudon. Embezzlement by employe. A true bill. Commonwealth vs. Sylvester Weth. Assault with intent to commit a rape. A true bill. Commonwealth vs. William Stellinger. Larceny as bailee. A true bill. Final disposition was made of the following criminal cases on the list for trial: Commonwealth vs. George Hooper. Fornication and bastardy with Annie Crumbler. The defendant pleaded guilty and the usual sentence was imposed. Commonwealth vs. Frank Merrit. Fraudulently altering and raising a check drawn by B. F. Custer, chief motive power clerk of the Pennsylvania railroad, from $3.60 to $88.60. The defendant pleaded guilty and sentence was deferred. Commonwealth vs. James Baker and Joseph Hamilton. Larceny of seven chickens of the value of $28, from John D. Bloomhart, in Altoona. The defendants pleaded guilty and sentence was deferred. Commonwealth vs. Joseph Graffius and Lizzie Donner. Larceny of two sacks of flour, valued at $2, from T. J. Gates, near East Freedom. Case tried and defendant found guilty, with a recommendation of mercy to the court in sentence. Graffius was sentenced to a jail imprisonment of three months, and Lizzie Donner received a thirty days' sentence. Commonwealth vs. William A. Baker. Larceny of nine chickens, valued at $45, from John D. Bloomhart, in Altoona. The defendant pleaded not guilty. A jury was sworn, case tried and defendant found guilty. Commonwealth vs. Millard F. Bentley. Assault and battery, with intent to kill. This case was called and, defendant not appearing, his recognizance was forfeited. Commonwealth vs. John Lockard. Aggravated assault and battery on John Coho. Continued on application of defendant. Commonwealth vs. Jacob Smith. Cutting down trees. Continued on application of commonwealth. Commonwealth vs. Blair O'Donnell, Peter DeRush and John Flanigan. Cutting down ornamental shade trees. Continued on application of commonwealth. Commonwealth vs. Simon Weil. Defrauding creditors. Case settled by the parties and a nolle pros was entered. Commonwealth vs. Charles Chambers. Aggravated assault and battery in front of the Arlington hotel, Altoona, on July 18, 1890, on Millard F. Bentley. District Attorney Bell and T. H. Greevy, esq., conducted the prosecution in this case and N. P. Mervine, esq., represented the defense. Messrs. James O'Neil, E. A. Pollet, Robert Shultz and Scott Williams gave their testimony for the prosecution. The commonwealth's case closed just before the adjournment of the court. The Wopsy Railroad Booming. The stockholders of the Altoona and Wopsononock railroad company held their annual meeting in the office of the company, Phoenix block, yesterday. Three-fourths of the stock was represented and much interest was manifested throughout the meeting. The directors annual report was read and it showed that five miles of the road had been completed; two and one quarter miles remain to be graded and one mile of the route will have to be cleared of timber. The report stated that work had to be suspended on the 20th of December, owing to the heavy snows and severe weather, but that it would be resumed as soon as the weather permitted, and the construction of the road pushed to completion with all possible rapidity. It is hoped that this will be accomplished in time for the summer travel to Wopsononock. These officers were elected for the ensuing year: President, F. G. Patterson; directors, John London, W. W. Yon, C. A. Wood, A. C. Shand, W. L. Shellenberger, W. S. Lee, W. J. Heinsling, John A. Canan, William London, A. Kipple, W. Scott Grinn, G. S. Adams, G. T. Bell and C. J. Whittenberg. A Brakeman Injured. W. S. Davis, a brakeman in the yard, met with a very painful accident last evening. He was cutting a train near Fourth street at the time, and was endeavoring to draw the coupling pin when his left hand was caught and painfully squeezed. He was taken in the ambulance to the hospital, where it was found that the second finger had been crushed to such an extent that amputation at the first joint was necessary. The thumb of the hand was also badly crushed, but it is thought it can be saved. When the injuries had been properly attended to he was taken to his home, at 1005 Fifth avenue. Some time ago Mr. Davis was the victim of a peculiar accident. While riding on the top of a box car a coupling pin snapped in two, the heavy end flying into the air and striking him on the right shoulder, incapacitating him for work for some time.