NEWS: Items from The Cambria Freeman, March 11, 1904, Cambria County, PA Contributed for use in the USGenWeb Archives by Patty Millich Copyright 2008. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/cambria/ _________________________________________ Cambria Freeman, Ebensburg, Pa. Friday, March 11, 1904 Volume XXXVIII, Number 11 Courts Takes Up Its Grind Bracken Gets Verdict in Damage Cases and Many Matters of Routine Disposed of On Monday court convened. The first day was mainly occupied with routine business. On Tuesday evening Judge O'Connor handed down the licenses. In the case of H. C. Bracken vs. the Pennsylvania Railroad Company, a damage suit for $25,000, for the death of Bracken's son the jury on Wednesday returned a verdict giving the plaintiff $1,250.15. Routine Business In the case of S. S. Plotkin, the Eighth Ward mattress manufacturer, against C. M. Maloy & Co. (the Johnstown Housefurnishings Company, an action in assumpsit, the Court rendered a decision on a petition to open judgment, discharging the rule granted at last term. Other cases decided were as follows: M. J. Blatt vs. L. A. Blatt and Daniel D. Blatt, motion on rule to show cause. Discharged. Margaret Murtha vs. Cambria Mutual Beneficial Association et al, motion to strike off plaintiff's statement. Rule granted at last term was discharged. Louisa M. Stiger vs. Mary Cole and William Cole, petition to stay writ and open judgment. Rule granted is discharged. George E. Mackin vs. John L. Edwards, motion for continuance and order for payment of defendant's costs. Court decides that the costs heretofore accrued abide the verdict. After court had reconvened at 1:50 Judge O'Connor appointed George C. Diehl of Portage Township foreman of the Grand jury. He then gave that body its instructions, being particularly emphatic in urging them to let no suspicion of a violation of the liquor laws pass them. Henry Eger of Spangler was appointed Constable to take charge of the Grand jury. The Court then heard the reports of Constables from various districts of the county. Constable Smith but recently appointed in the Fourteenth Ward of Johnstown was called up and warned by His Honor that his district was full or rumors of illegal liquor selling. In fact, the Court stated that he had received several letters reporting the open selling of intoxicants at unlicensed places. The following decisions were then handed down: S. C. Gearhart and S. S. McCartney vs. Luther Gwinn and Thomas Gwinn, action in ejectment continued by consent. Use School District of the borough of Barnesboro vs. Thomas Prosser et al, acting in assumpsit. Discontinued. Charles Slacker vs. Herman Heider, appealed from last term. Settled as per letters filed. Petition of heirs of August Mecke, deceased, for rule on John M. McConaughy, attorney in fact for the heirs of James P. McConaughy [sic], to bring action of ejectment within six months. Rule granted, returnable at Argument Court. Petition of the Russian Mutual Benefit Society of St. John the Baptist, of Conemaugh, Cambria County, for charter, filed. Petition of Margaret J. O'Connor et al, for rule on Fred Straub to bring his action of ejectment for lands in Upper Yoder township. Granted. First and final account of Elmer E. Davis, Sheriff, to make sale of real estate of William Hutzell, et al. Confirmed nisi. Petition of the Citizens' Real Estate Company for decree of dissolution The assets of the company are $7,450, and its stockholders, each owning sixteen and two-thirds shares, will receive by the distribution filed, $1,241.08 each. The account was confirmed nisi. Petition of D. C. Burk et al to open judgment and stay writ of the Northampton, National B. & L. Association. Rule to show cause granted. D. A. Hohenbaugh and R. L. Bower vs. J. M. Schmittle and J. E. E. Schmittle, trading as J. E. Schmittle & Co., defendants answer to rule filed. In the case of John Allison vs. Jonathan and Joseph Anderson, petition to stay writ. Rule granted. Report of viewers in recommendation by the Green Briar Water Company of lands, water, etc., of Jacob C. Levergood in Daisytown Borough. Filed. Application of S. H. Cauffiel, William Watkins, George Reese, John Tross and Sheridan Fickes for a charter of the Stonycreek Game Protective Association. Filed. Application of William S. Glitch, Frank L. Shaffer, Ferdinand J. Yeager, Foster Weller and Abram F. Manges for the Dale Borough Fire Company. Filed. Report of viewers in repetition of the Johnstown Pressed Brick Company for leave to construct a lateral railroad under intervening lands of Jacob C. Levergood in Daisytown Borough. Petition of the citizen of Cresson and Gallitzin for viewers to lay out public road from Cresson to Gallitzin. J. L. Elder, Luke T. Sanker and Thomas F. Callan appointed viewers. Petition of Frank Kloss et al, for a private road in Conemaugh township. Frank D. Baker, John Mannan Sr. and Charles Coyle appointed viewers. Petition of citizens of Portage township for appointment of viewers for proposed bridge over Mountain Branch of the Conemaugh, near Plane No. 2. S. G. Fetterman, John McCormick and Joseph Rainey appointed. Subpoenas in divorce were awarded by the Court in the following cases: Jane Sebastian vs. Joseph Sebastian Elizabeth Jones vs. William P. Jones Mary C. Swasy vs. Robert A. Swasy Mary B. Lefferd vs. John L. Lefferd J. Jacob Schwarz vs. Mary Schwarz Mary J. Hartzog vs. Henry T. Hartzog Jacob Fisher vs. Annie Fisher In the case Emily Jane Lindsey vs. Ernest Richard Lindsey, libel in divorce. John M. Rose appointed Master. Eliza Evans vs. Williams R. Evans, libel in divorce. Alias subpoena awarded. Ambrose L. Hogue vs. Mary J. Hogue, libel in divorce. E. J. Hartmann appointed Master. Emma Hutchinson vs. E. E. Hutchinson, libel in divorce. F. J. Hartman appointed Master. Report of Harvey Roland. Auditor appointed to distribute funds in hands of Sheriff Davis from sale of lands of Geo. W. Kerbey, deceased. Filed and confirmed nisi. In the estate of Emanuel Dishart, late of Carroll township, deceased. F. J. Hartmann appointed Auditor. Estate of Vincent Smith, deceased. J. B. O'Connor appointed Auditor. Estate of Noah Fisher, deceased. John M. Rose appointed Auditor. In re-first and final account of William H. Sandford. Administrator of John C. Snyder, late of Patton, deceased. S. L. Reed appointed Auditor. Petition of F. W. Otto, Guardian of George L. Smith and Munroe Smith, minor children of Augusta Smith, deceased, for an order to sell real estate at private sale. Granted. Report of William Davis, Auditor in the estate of Jacob Stull, Jr., deceased, filed and confirmed nisi. Auditor's report filed in estate of Moses B. Miller, deceased. Filed and confirmed nisi. Report of Auditor in estate of William Shaffer, late of Stonycreek township, filed and confirmed nisi. Petition of T. A. Sharbaugh, Administrator of estate of Elizabeth Matti, late of Carrolltown, deceased, for order to sell real estate for payment of debts. Granted. Petition of John McCool, Guardian of Edward Bradley, a minor child of Dennis Bradley, deceased, for an order authorizing private sale. Granted. In re estate of Benson Crum, deceased, petition for appointment of a Trustee and for an order to sell real estate. Edward Wertz appointed Trustee and order granted. Petition of B. F. Price, guardian of Maggie M. Gillen, nee Shaffer and William J. Shaffer, minor child and grandchild of William Shaffer, deceased, for rule to sell real estate in East Taylor township. Granted. Estate of Harry O. Michael, minor. Petition for an order for sale of real estate. Granted. In re estate of John T. Arthur, deceased. Supplemental petition of Annie Arthur, Administratrix of John T. Arthur, deceased for sale of real estate for payment of debts. Granted. Petition of John Rinehart, guardian of Paul Reck, minor child of Alexander Reck, late of Johnstown and heirs to T. F. Zimmerman, late of the same place, deceased, for an order to sell real estate. Granted. Reports of Daniel L. Parsons, Auditor, to report distribution of funds in the hands of Thomas Younker, Guardian of Clarence C. Winston, minor child of Carter Winston, deceased, filed and confirmed nisi. Petition of H. M. Fry, Administrator of the estate of Catharine Eakins, late of Coalport, Clearfield county, for order to sell real estate. Granted. Petition of Dorothy C. Troxell, minor child of Gladys Troxell, minor child of William F. Troxell, late of Lilly borough, for leave to sell certain real estate. Granted. Lively Fight at Barnesboro Details are just leaking out of a terrible fistic battle which took place in Philip Bender's large barn at Barnesboro on Monday night of last week. Jack Heffern, an ex-policeman of Barnesboro, and Jim Gibbons were the pugilists. They fought five rounds with bare knuckles, Marquis of Queensbury rules and the mill was one of the "wickedest" and fiercest ever heard of, at least in Cambria county. At the end of the fifth both men lay on the floor, panting, bloody and battered and the referee, backed by the unanimous sentiment of the spectators declared the bout a draw. About 40 sports gathered in the barn to see the remarkable scrap. At least 300 would have been present had they known where the mill was to pulled off but the place was not generally announced as it was desired to have the exhibition private. Those who were fortunate enough to be let in expected a battle royal and surely they were not disappointed. Owing to the nature of the bout it was decided to appoint a committee to examine the bodies of the fighters and determine which one received the more severe punishment. Messrs. D. H. Kinkead, Jim Wheeler, Frank Bearer and M. J. Weakland were named and an inspection found, it is said, there were a dozen or more bruises on Heffern's body and that his face was pretty badly pounded while Gibbon's face resembled a chopping block, but that on his body there were only three black spots. Michael McTaggart, timekeeper for the fight, says he has witnessed a great many mills of various kinds, but the Heffern-Gibbons' go was the greatest ever. Neither fighter received a cent and it is altogether probable as a result of the draw that the two will meet again soon. Blair County Primaries Jacob C. Stineman of South Fork was given the unanimous support of Blair County Republicans at their primary elections on Saturday and Assemblymen J. Lee Plummer and William H. Irwin will also again be re- nominated. John M. Reynolds of Bedford was endorsed for Congress in the Cambria- Blair-Bedford district and John Stewart of Franklin County was the choice for Judge of the Supreme Court. The remainder of the ticket will be made as follows: Delegate to the National Convention, A. G, Morris, Tyrone; District Attorney, J. Banks Kurtz, Altoona; Delegates to the State Convention - John M. Bement, Howard B. Calderwood, Charles B. Clark and J. L. Isenburg. A License Transferred Judge O'Connor has granted a transfer of the retail license granted last year to John Cseremsak to Elizabeth Cseremsak, his widow. The original holder of the license died a short time ago and in such cases Judge O'Connor has made it a practice to transfer the license to the widow when he is petitioned to do so. The house is located in the Fourteenth Ward, Johnstown. Cambria Court Sustained At Philadelphia Monday the state supreme court filed an opinion affirming the decision of the Cambria county common pleas court in the matter of the Jefferson Loan and Building Association vs. McHugh. The case is one of the most remarkable ever brought up in the Cambria county courts, virtually involving title to the entire village of Johnstown, near Portage, and the Supreme court's opinion will be received with a great deal of satisfaction by a large number of people in and around the interested community. In the case now finally settled the Jefferson Loan and Building Association, an Altoona concern, sought to eject the Rev. Henry McHugh, now pastor of St. Agatha's Catholic Church at Pittsburg but formerly located at Wilmore, this county, from three houses which he owns at Jamestown. The case was a test one being based on general claims by the plaintiff association by which all the property owners in the village could be ejected and Judge O'Connor about two years ago decided the matter in favor of the defendant. An appeal was taken by the Jefferson association and an opinion from the state Supreme court was expected last fall but was delayed until Monday for some reason. The land on which the village of Jamestown stands was once the property of Mrs. Rose McGough, wife of Peter McGough, who purchased a track of 213 acres of land in Portage township from John Brady of Johnstown. As the years passed she sold off town lots to various persons, in each case, of course, giving deed. Misfortune overtook her and she was finally compelled to borrow money from the Jefferson Association, giving as surety a blanket mortgage on all the properties still in her name. The Jefferson Load and Building Association in perfecting the mortgage copied into it, from the original deed to Mrs. McGough, a description of all the properties ever owned by that lady. The mortgage was issued on later and the Jefferson Association began selling the properties covered by the original deed description. The troubles concerning Mrs. McGough's property were complicated by two assignments, titles being greatly mixed up in consequence. The Rev. Henry McHugh, then pastor at Wilmore, purchased some lots from John Itell, father of Attorney J. T. Itell of Johnstown, on which he built three houses. Mr. Itell had purchased the lots at an assignee's sale. Because these lots were included in that convenient mortgage description, the Jefferson Association entered an action in ejectment against Father McHugh. Judge O'Connor, in deciding the case, pointed out that John Itell at the time he sold to Father McHugh, was possessed of legal title through an assignee's sale and had the right to transfer it. This title could not be assailed and so decision was given in favor of Father McHugh. In addition to the suit against Father McHugh, the Jefferson Loan and Building Association sought to eject Landlord Confer, also at Jamestown, but was again defeated. The two cases were not exactly identical and the plaintiff association did not appeal in the Confer matter. The supreme court's finding in the McHugh suit has been anxiously awaited because the Altoona people had they won would immediately have instituted suits in ejectment against all the other property holders at Jamestown. Local and Personal A. J. Buck of Cresson was in town Monday. Auditor Farabaugh transacted business here on Tuesday. E. J. Donoughe of Gallitzin was doing business here yesterday. Dr. C. E. Hannon of Johnstown greeted friends in this place on Wednesday. Philip H. Jones of Vintondale was a pleasant caller at this office on Thursday. Frank Buck of Carrolltown was in town Tuesday and paid us a pleasant call. Messrs. Mark Marcella, L.T. Ivory and Jos. Boland were among the visitors here from Cresson this week. Ed Brown, formerly of Lilly but now of this place is visiting friends in Johnstown and Lilly for a few days this week. One of the best known citizens of Richland township, Peter Hornick, who has many friends throughout the county, has just recovered from an injury which has kept him housed up since January 29. David Hollis, of Frugality and Wm. Flemming of Flinton, two well known residents of Reade township paid a visit to this office on Thursday. They report there will probably be no strike in their section this spring. The claim that Rev. Father McHugh was the only surviving person baptized by Prince Gallitzin has brought forward the names of Mrs. John M. Skelly of Summerhill and Mrs. Ellen McMullen as persons who received that distribution. Isaiah Gates an enterprising farmer who lives about four miles south of Coalport was in town Friday last and was a pleasant caller at this office. He informs us that his son, Samuel I. Gates, who had his leg crushed some time ago is now in the Johnstown Hospital and has lately underwent a second operation. Charles Krotenderfer of Carrolltown is confined to his bed with a light attack of smallpox. Krotenderfer had been working in Spangler and it was while in that town that he contracted the disease. The house in which he lives in quarantined, the health authorities of that place having taken prompt action to prevent the spread of the disease. Krotenderfer it is said, was averse to being quarantined, some difficulty resulting before he was finally closed in. Lyman Wise, aged 30, a Pittsburgh division brakeman, was perhaps fatally injured near Cresson early Saturday morning by the cabin of his train jumping the tracks and turning over on its side down an embankment. His skull was fractured. He was taken to the Altoona Hospital where it was said that his chances for recovery were about even. The cabin was jerked from the tracks while the train was going around a curve. Grand Temperance Rally William R. Irvin, of Williamsport, Pa., will deliver a lecture on Temperance Wednesday evening, March 16th at the Calvinistic Methodist church. A collection will be taken up at the end of the lecture. Come one and all. Rev. D. P. Sanderlin of Philadelphia will preach in the Baptist church next Sunday. Services at 10:30 a.m., and 7 p.m.