COURT NEWS, Altoona Tribune, April 4-6, 1918, Altoona, Blair County, PA Contributed for use in the USGenWeb Archives by Judy Banja Copyright 2004. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/blair/ _______________________________________________ COURT ITEMS from the Altoona Tribune, Thursday Morning, April 4, 1918, page 2 ARGUMENTS IN COURT BEFORE TWO JUDGES Judge Bailey Hears Falbo and Himes Cases and Judge Baldrige the McFarlane Arguments were made before Judge Thomas F. Bailey, of Huntingdon, on the motion for judgment n.o.v. in the case of Tony Falbo vs. J. L. Hartman. The case was tried last fall and ended in a verdict in favor of Falbo for $450 with interest. The case resulted from an optional agreement between the parties for the purchase of 1,140 acres of timber land in Frankstown township. Hartman agreed to sell the land to Falbo for $7,000, Falbo to pay him $450 on an option good for one year. If Falbo purchased the land, the $450 was to be a credit on the purchase price, otherwise it was to be forfeited, according to the written agreement. The jury decided the case in favor of Falbo. Attorney M. D. Patterson representing Hartman, claimed that an agreement in writing, such as was entered into in this case, cannot be changed unless fraud or mistake is shown. Attorney Dively for Falbo said there was a parole agreement that Falbo was to have two years if he was unable to decide at the end of the first year whether he was able to buy the land. Mr. Patterson seeks to have the verdict of the jury set aside. The court reserved decision. Judge Bailey also heard arguments on the case of S. W. Himes against Mrs. May Lesher on motion for a new trial and judgment n.o.v. Himes sold Mrs. Lesher some land and took a mortgage for $720. Some time later Mrs. Lesher sent her husband to Himes with the request that he satisfy the mortgage for $600. At this time there was no interest due. Himes refused to do so. A year later the request was renewed and he agreed to satisfy the mortgage for $625. This was accordingly done, but Mrs. Lesher failed to pay $67 interest claimed by Himes and suit was brought and verdict rendered in favor of Himes. It was contended by Attorney Dively, representing Mrs. Lesher, that her husband made the agreement and she could not be held for the interest. The court reserved decision. Arguments on Finn Case. Before Judge Baldrige arguments were made on a rule to show cause why judgment should not be opened in the case of the McFarlane Supply company of Greensburg against P. W. Finn and the Lincoln Trust company, garnishee. The McFarlane company obtained a judgment against Finn for $700 and an attachment execution was issued with the trust company as garnishee. Thomas C. Hare represented the garnishee, Thomas H. Greevy, the defendant, and R. A. Henderson, the plaintiff company. Interrogations were served on the garnishee inquiring whether it owed Finn individually or the firm of P. W. Finn & Sons. These interrogations were not answered by the trust company and judgment was taken against them for the amount of the claim. P. W. Finn then asked the court to set aside the judgment for the reason that the garnishee did not owe him individually, but Finn & son. The court dismissed this petition last September. The garnishee was notified to pay the judgment, but asked for time in order that a settlement might be effected. On March 1 Mr. Greevy presented a petition asking that the judgment be reopened. Mr. Hare was not in court yesterday and Mr. Henderson contended that as far as the trust company is concerned, the court's decree of last September is final. The court took the papers in the case. PRISONER TO WORK ON COUNTY ROADS Wife Will Get Wages - Another Lays Trouble Upon the Drink Habit After having been committed to jail at the county court yesterday morning by Judge Thomas J. Baldrige, for failure to comply with a previous order of the court to pay his wife $30 per month, John F. Madden, of Altoona, replied, "I'm going to leave in two or three days." "Where are you going?" asked District Attorney Patterson. "I'm going to leave the earth," said Madden. Madden had been ordered by the court to pay his wife $20 a month, but has given her nothing during the present year. He said he was sick, but looked well and admitted he had not been taking any treatment. He was told by the court that he looked healthy and was ordered returned to jail with instructions that he be looked over by the jail physician and if found able to work, shall be put on the county roads, allowed 65 cents per day and the money turned over to his wife. Robert Davis was in court on the charge of assault and battery and threats. He visited the store of the Morgan Drug company and wanted to buy Jamaica ginger. When refused, he became abusive to the clerk and attacked Mr. Morgan who appeared on the scene. Davis was accused by the district attorney and Mr. Morgan with being much of a nuisance when drunk and the man admitted his troubles were due to drink. He promised to reform and take the pledge if released. He was given three months in jail and warned by the court not to appear again on a similar charge, as he would be given a long sentence. Frank Smith was before the court on an attachment, he having failed to comply with an order to pay his wife $40 per month for the support of herself and seven children. He has given her nothing since January 1. Judge Baldrige characterized the man's conduct as low and cowardly and ordered that he be sent to jail and kept there, at work on the roads, this earnings going to his wife, until he furnished bond in the sum of $200 to comply with the sentence as originally imposed. COURT ITEMS from the Altoona Tribune, Thursday Morning, April 4, 1918, page 9 DECISIONS GIVEN IN TWO CASES Two Disallowances Made By Referee of Sixth District - One Case Settled Before Hearing Three cases in compensation listed before Referee Jacob Snyder of the Sixth district were disposed of yesterday and results forwarded to Harrisburg. One case was settled by a satisfactory agreement between the parties at interest before the hearing and was dismissed. In both the other cases disallowances were made. The case dismissed was that of Mike Mikula vs. The Rockhill Iron and Coal Company, which was scheduled to have a hearing in the municipal building at Mt. Union on March 14. Mikula was injured in the Woodvale shaft, Huntingdon county, on July 20, 1917, when a rock fell from the roof of the mine, breaking his right leg above the knee. Prior to the time of the hearing the insurance carrier for the defendant company, the Pennsylvania Bituminous Mutual association agreed to pay the claimant the remainder of the compensation due him, from Feb. 1 to March 6 at the rate of $8.39 a week, and the claim petition was accordingly dismissed. In the case of Frank Baft vs. the Smokeless Coal company, Baft, who was injured by spraining his back in an attempt to lift a derailed mine car back onto the track in Mine No. 2 of the defendant company on Nov. 22, 1917, was allowed compensation at the rate of $9.84 a week during the period of his disability. Up to Sept. 6, 1917, a total of $382.09 had been paid. At that time a petition of termination was filed, the defendant company alleging that the employe's present disability was not due to the injury. Their claim was disallowed and compensation was ordered continued until October 24. The third case was that of Mrs. May Heckendorn vs. the Punxsutawney Furniture Co., a hearing being accorded at the National Hotel, Punxsutawney, on March 27, 1918. Harry T. Heckendorn, while in the employ of the furniture and piano company as secretary-treasurer and manager, was injured on Dec. 14, 1916 by being thrown heavily off a street car while on the way to the furniture company's office after collecting some bills. The seventh rib on the left side was injured, from which a callous formed, which later developed into tubercular pleurisy, from which he died on April 11, 1917. He left a wife and three children who had been dependent on him for support. At the time of his death he had been earning $150 a month. Referee Snyder decided that as manager, he was an executive officer of the company and not an employe within the meaning of the term as expressed in the workmens' compensation law. The claim petition was therefore dismissed. COURT ITEMS from the Altoona Tribune, Thursday Morning, April 4, 1918, page 9 ANOTHER MOTORIST MUST FACE TRIAL R. P. Short, of Patton, Furnishes $1,000 Bail - Dudley Driver Held For the second time within three days, Alderman Leake, First ward, held an alleged drunken automobile driver for court, the latest offender being R. P. Short, of Patton, who furnished $1,000 bail after a hearing yesterday afternoon. Short was arrested by city police late Saturday night at Chestnut avenue and Eleventh street, where his car crashed into a trolley car and was wrecked. He forfeited $25,80 in police court, but was again arrested on a commonwealth charge, preferred by Constable R. A. Spangler. He employed counsel and denied being drunk when arraigned yesterday. Ned Reighard, of near Dudley, Bedford county, was arrested at 10 o'clock yesterday morning on the charge of driving his car while drunk. D. J. Lykens, a companion, also intoxicated, caused the car to run into a curb, the defendant avers, but he took the machine later. Constable C. A. Piper, Third ward, and Sergeant Shiplett arrested the pair, Lykens being discharged at police court. Reighard obtained counsel last night and will get a hearing before Alderman J. C. Gorsuch this morning at 10 o'clock. He declares he will have a local bartender prove he was not drunk. The arrests were made at Twelfth avenue and Sixteenth street. THERE'LL BE RAIN IN JAIL 20 DAYS Illegal Train Rider from Cleveland With a "Wet" Name is Caught in Dry Town No matter what weather predictions are made for the next twenty days, there will be Rain at Blair county jail as result of the capture of an illegal train rider of that name from Cleveland, O., yesterday afternoon by Pennsy police. Harry Rain was the name furnished Alderman J. C. Gorsuch, Third ward, when the prisoner was arraigned. he came into Altoona on a fast train during the early afternoon, riding blind-baggage. It was a dry town he found much to his regret, all saloons being closed owing to the departure of national army men from the county. Rain poured out explanations about his presence on the train, but the magistrate gave him twenty days in prison. Alfred Wilding, of Portland, Me., was also arrested for a little offense by Pennsy police. He was haled before the same magistrate and was committed to the county jail for twenty days. The men are the first illegal train-riders to be apprehended in several weeks. COURT ITEMS from the Altoona Tribune, Thursday Morning, April 5, 1918, page 4 HOPEWELL LAD HAS A STOLEN AUTOMOBILE Bedford, April 4. - James Manspeaker, an 18-year-old lad of Hopewell, this county, was arrested at the home of his father, Robert Manspeaker, at that place last night on the charge of having stolen or having in his possession a stolen Buick Six automobile, the property of a Pittsburg business man. The lad was arrested by Sergeant Robert Murphy, of the state police, located at this place, on receipt of a telegram from the Smoky City. The car was brought to the Bedford garage this morning where some necessary repairs were made and a member of the Pittsburg force arrived to take the lad back to that city to face the charge. The boy had been working in the city for a short time and drove it to his home in Hopewell a few days ago. An older brother is being held there as an accessory. The job was evidently planned and carried out by amateurs as the car number plate only had been removed, the engine number was marred slightly, but no other part of the car was changed. COURT ITEMS from the Altoona Mirror, Friday Morning, April 6, 1918, page 10 ITALIAN STEALS $50 FROM FRIEND'S COAT Mauzi Fusco Appropriated Cash in Workman's Locker at Machine Shop Mauzi Fusco, an Italian residing on the East Side, employed at Altoona machine shops, will be given a hearing this morning at 10 o'clock by Alderman Gorsuch, Third ward, on the charge of stealing $50 from B. Passate's coat in a locker room yesterday afternoon. Information was made against Fusco by Pennsy Officer C. E. Mosel and the defendant was locked up for a hearing. Passate claims he was engaged with his duties when the thief rifled his pockets and removed the money, all in bills. The affair happened shortly after the noon hour and considerable commotion developed when Passate made the discovery. Only about $20 of the money was recovered from the alleged thief, but the owner declares he had an even $50 in currency and that no one but Fusco was aware of its location. A number of witnesses among shopmen will appear in the case today. DRUNK TAKEN THRICE IN 3 DAYS IS FINED Peter Latherow Has Been a Familiar Figure in Police Court This Week Arrested for drunkenness on Tuesday, Peter Latherow left $3.80 security which he forfeited Wednesday at police court and the same afternoon he was brought in for a like offense but was discharged to go to Mt. Union, and yesterday Mayor Rhodes fined him $3, which he paid. Latherow has been such a familiar figure at police court this week that his appearance today will be no surprise. The man failed to go to the munition plant town when he was released, but took his remaining funds and invested them in liquor. He was warned yesterday not to return. Chester Orner, drunk and disorderly, and annoying patrons at a local theatre was fined $10 or seventy-two hours. Another drunk and disorderly forfeited $5.80 security. Harry Wilson was brought in at 7:40 last evening on a panhandling charge. He was arrested at Eleventh avenue and Twelfth street. Ned Reighard, a motorist charged with running his car while he was under the influence of drink, was discharged in police court, a commonwealth charge having been preferred against him before Alderman J. C. Gorsuch, Third ward. He was turned over to that magistrate, who committed the man to jail in default of $300 bail. -30-