NEWS: Cambria Freeman; 10 Mar 1905; Ebensburg, Cambria Cnty., PA Contributed for use in the USGenWeb Archives by Patty Millich Copyright 2009. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/cambria/ _________________________________________ Cambria Freeman Ebensburg, Pa. Friday, 10 Mar 1905 Volume 39, Number 9 Items Local and Personal Mrs. E. R. Dunnegan is visiting relatives in this place. F. H. Barker spent several days this week in Harrisburg. The Lenten season commenced on Wednesday morning. Dr. Miller of Portage was an Ebensburg visitor Thursday. Rev. J. T. Jones spent Wednesday and Thursday in Johnstown. James Dick of Altoona spent Sunday in this place with his family. Charles Adams of Carrolltown Bank was an Ebensburg visitor today. Charles Brown of Patton spent Sunday with his parents in this place. Miss Alma Byrne of Vintondale visited relatives in this place Tuesday. Miss Bernadette Byrne of Johnstown is spending a few days in this place. Miss Isabella O'Neill of Pittsburg is visiting her sister, Miss Mary O'Neill. Wm. Williams of Cleveland, Ohio is visiting his parents in the East ward. Mrs. Geo. C. Jordan of Johnstown is a guest in the family of C. T. Roberts. Mrs. Eliza Evans of the East Ward is confined to her home with the gripe. Miss Susan Bracken fell on the icy sidewalk on Monday and broke her left arm. Mrs. Charlotte Scanlan of this place is confined to the house with an attack of grip. Mr. and Mrs. Timothy Jones visited relatives and friends in Carrolltown on Sunday. Ralph Davis of Johnstown visited his parents, Mr. and Mrs. Samuel W. Davis, of this place on Sunday. E. R. Tate of Economy arrived here Tuesday to complete the plumbing in the new home of F. H. Barker. Ben Evans and Sherry Bennett of Cambria Township attended the inauguration in Washington Saturday. William Berkey of Altoona visited his parents, Mr. and Mrs. Jacob Berkey, in this place several days this week. Thomas Cassidy of this place who opened a barber shop at Big Bend recently was here on business Wednesday. Mrs. Annie M. Conrad of Blacklick township was an Ebensburg visitor Wednesday and paid this office a pleasant call while in town. Monday was the banner marriage license day in Cambria county. By annual count just twenty fond couples were given permits to wed. Mrs. Fred Krebs and daughter, Winifred, Miss Matilda Krebs, Miss Myrtle Walters and Mrs. Gomer Walters spent Saturday with Commissioner and Mrs. Benj. Jones. It is reported that Miss Mable Richards formerly of Zanesville, Ohio, now of Pomona, California, is to be married some time in the summer to a prominent business man of Pomona. Among the visitors in Ebensburg Monday was A. J. Nagle and John Adams, both of Clearfield Township. Mr. Nagle has just entered on his fourth term as Constable while Mr. Adams was elected Road Supervisor at the recent election. Wilmore Notes The quarantine has been raised on the Boyer House and that hostelry is again open to the public, after being closed nearly three weeks. Dr. Stricker of Portage, representing the State Board of Health, fumigated the house and ordered it opened. Dr. Blaisdell of Wilmore had charge of the smallpox case and through his efforts and those of the proprietor of the hotel the contagion did not spread. The new judge bill does not take here and somebody it is said will be sorry that he spoke. For a Wilmore Lady Wilmore, March 2 A very pleasant surprise party was held at the residence of Mr. and Mrs. Isaiah Sherbine here today. The affair was in honor of Mrs. Sherbine's birthday and was arranged by her children. The whole day was spent in social games, vocal and instrumental music, etc. and refreshments suitable for the occasion figured prominently. Among those present were: Miss Bess Sherbine of Johnstown; Mr. and Mrs. Yoder; Mr. and Mrs. Luther; Mr. and Mrs. Fry and Mr. and Mrs. Trent of Geistown; Mr. and Mrs. J. T. Hite and Alexander Story and Miss Maud Storey of South Fork; Mr. and Mrs. William Howell of Ehrenfeld; Miss Gertie Sherbine of Cresson; Mr. and Mrs. Sam Hess; Mr. and Mrs. Joe Long; Mr. and Mrs. G. W. Seaman; Mr. and Mrs. W. W. Sherbine and Mrs. Pierson and others from Wilmore. New Trial Refused Unless the Pardon Board shall intervene, Stephen Fellows will have to hang for the murder of his wife in the railroad station at Barnesboro one morning last fall. Judge O'Connor on Monday filed an opinion overruling the action for a new trial in this case and ordered that the defendant be brought before him for sentence some time during the present session of court. What steps will be taken next by the counsel for Fellows has not been made known but it is understood there will be an effort to have his death sentence commuted to imprisonment for life. This, it is said, will not be opposed by the people instrumental in securing Fellows' conviction and it may even have the approval of some of them. Court Takes up Its Grind - Extracts Court convened on Monday. After hearing motions and petitions the civil list was taken up. The evening sessions were taken up with cases from the criminal list. On Monday evening the troubles of Andrew D. Cullen and his wife, Mrs. Catherine Cullen of Portage who had been married 28 years were aired in court and furnished the most sensational case of the day. Mrs. Cullen was the plaintiff and the charge was desertion, she alleging that her husband had contributed nothing towards her support for some time. The Court directed that Cullen pay his wife $4 a week and be released on his own recognizance. In imposing sentence the court intimated that the couple would do well to get together and patch up their difficulties and proposals of peace should be mutual as both parties were guilty of bringing about the trouble. The evening session was a long one and court did not adjourn until 11:30 o'clock. Many of the cases were charges of desertions. In one case, James McCormick was the defendant, his wife, who lives near Portage, being the prosecutor. McCormick presented a strong case and was released on his own recognizance, but sentenced to pay his wife $25 a month. The testimony introduced showed that he had been away from home for the last couple of years and was working in Allegheny. He wrote to his wife frequently and it was asserted sent her sums of money which would aggregate over a couple of hundred dollars. A number of cases which had been tried previously were recalled Monday night and sentence imposed. Joe Dondack, assault and battery, will serve three months in jail and pay the costs. Elgie Burst and Robert Worthinton, both of whom were charged with violation of the liquor laws, received the same dose – three months in jail, $500 fine and costs. Samuel Zimmerman, desertion, was ordered released but instructed to pay his wife $5 a week. Paul Leaptok got nine months on an assault and battery charge while Mary Clougher, charged with assault and battery and surety, was ordered to pay the costs, further sentence being suspended. Arthur Harrington, L. & B., received as his punishment three months in jail. Peter Preveto who had been prosecuted by Joe Dominck on an assault and battery charge was found guilty and ordered to pay the costs. Acting for his client, Charles G. Stephens of near Portage, Attorney Horace R. Rose Wednesday afternoon filed in court a petition which sets forth a number of rather unusual circumstances and which will need some remedy at law. Stephens is a confessed bigamist although he claims that he has become a criminal through ignorance and is very willing to do all he can to justify his position. It appears that Stephens sued his wife, Mary Pearl Stephens, for a divorce and had the proceedings begun in the June term, 1904. In December of that year a decree of divorce was granted. On January 17, 1905, there was filed a petition to show cause why the decree of divorce should not be set aside. Through ignorance of the proceedings the plaintiff claims no defense was entered on this motion and the decree was accordingly set aside. Soon after having been released from his first wife, Mr. Stephens married again. The setting aside of the divorce decree made a bad mix. Mr. Stephens sets forth in his petition that the grounds on which the rule to show cause why the decree should not be set aside were that the defendant had not been property served in the action. Mr. Stephens says that he can prove conclusively that legal service was bad and that the divorce should stand. He asks for a reopening of the case in order that he may enter all possible defense against the rule which was made absolute by default. The Court granted a rule to show cause why the matter should not be reopened. It is returnable March 31st. On Tuesday considerable amusement was caused in the courtroom shortly after the opening of the afternoon session, when it was discovered that one of the jurors who had sat all morning in the case in assumpsit brought by George H. Otto against the Pittsburg Plate Glass Company was unconsciously filled his position under false pretenses. He was supposed to be George Smith, of Portage township, but was in reality a foreigner, styling himself John Smith, who had evidently thought it up to him to come forward when he heard a name called that so much resembled his own. The absurd mistake probably occurred because Juror George Smith did not happen to be in the courtroom when his name was called and it was not discovered until the jury had heard the whole case and was about to turn in a sealed verdict. Then attorneys John E. Evans and Philip N. Shettig of counsel for the defense asked that under the circumstances the verdict would not be accepted by the Court. The request was refused, temporarily at least, and the award of the eleven man jury proved to be entirely favorable to the defendant. J. F. McKenzie, Esq., represented the plaintiff. [Snip] In re lunacy of Bridget Moore. William J. Zolner was appointed as Committee for Mrs. Moore. Etta McLaughlin, libellant vs. Harry A. McLaughlin, respondent, libel in divorce. Subpoena awarded. Certificate of incorporation of the Elton Normal School. Filed. In re partition of real estate of John Slick, late of West Taylor Township, acceptance of the appraisement by W. W. Slick. Filed. Returns of Joseph Hornberger, Administrator of Ellen M. Adams, deceased, to order of sale. Sale confirmed nisi. Petition of George A. Spangler for partition of estate of George Spangler, deceased. Granted. Petition of the Johnstown Trust Company, Guardian of Marion Cohick for allowance. Court allows $7.50 per month for support. On a similar petition the same company was directed to pay a like amount for the support of Florence Cohick. Bond of Thomas J. Rees, Guardian of the minor children of John B. and Jane Watkins, late of Dunlo, filed and approved. Petition of August Bradimyer, Guardian of Harry Comer, for discharge from trust. Granted. Petition of Gustav Betterman, Guardian of Walter Messenger, minor child of Noah Messenger, late of the city of Johnstown, deceased, for his discharge as guardian. Granted. Petition of Ida H. Lorditch, Executrix of the estate of John Lorditch, deceased, for discharge from the trust. Granted. Petition of William Snyder and Alexander Grieff, Executors of the estate of George Snyder, late of Carroll Township for their discharge. Granted. Petition of John, Annie, and Mary Petrick, minor children of John Petrik (sic), late of Jackson Township, for appointment of a Guardian. Court appointed Peter Petrick and approved bond of Guardian in the sum of $900. Petition of Mrs. Julia Sanders for writ of partition in the estate of Richard Biglin, late of Washington Township, deceased. Usual order Petition of George P. Weise, Administrator C. T. A. of Bernard Weise, late of Gallitzin Township, for alias order of sale. Granted. Petition of Clarence Sill, guardian of Edwin Middleton, Jr., minor child of Mary E. Middleton, deceased, for order to sell real estate at private sale. Granted. Petition of S. L. Reed, Esq., Administrator of Ettie Goldberg, deceased, for an order to sell real estate for payment of debts. Usual order made. Petition of George W. Garrett, Administrator of John F. Smith, for an order to sell real estate for payment of debts. Usual order made. Petition of S. L. Reed, Esq., Guardian of Margaret and Elizabeth Griffith, for an order authorizing him to sell his wards' interests in certain real estate in Cambria Township to Webster Griffith. Granted. Petition of Annie Kiraly, minor child of Joseph Kiraly, late of Johnstown, for appointment of guardian. Court appointed Bozo Gojsovic. Supplemental report of Harvey Roland Esq., Auditor, appointed to pay upon exception to first and final account of E. C. Parrish, Guardian of minor children of P. F. Brown, deceased. Filed and confirmed nisi. The Grand jury has returned true bills in the following cases: Commonwealth vs. John Keiba, Joseph Keiba, Joseph Rusock, Tony Mucia, aggravated assault and battery; Samuel Henderson, prosecutor. Commonwealth vs. John Bumbarte, Albert Bongiavaanni, aggravated assault and battery; Joe Minnback, prosecutor. Commonwealth vs. Pasquale Buno, felonious assault and battery; E. H. Knee, prosecutor. Commonwealth vs. Hattie Dively, selling liquor without a license; D. F. Wingard, prosecutor. Commonwealth vs. L. H. Legle, A. and B.; Jennie Koontz, prosecutrix. Commonwealth vs. James Lichford, f. and b.; Martha Loeb, prosecutrix. Commonwealth vs. Francis Berkebile, f. and b. Martha Hochstein, prosecutrix. Commonwealth vs. Ulysses McMillan, felonious rape; George B. Weeks, prosecutor. James Gregg, cruelty to animals; John B. Reed. George Johnston, larceny and receiving; A. Hamlin. R. K. Woodson, carrying concealed weapons; Ed Knee. R. K. Woodson, assault and battery; Ed Knee. Thomas Kane, malicious mischief; S. C. Thomas. Luciano Ponza, murder and manslaughter; E. H. Knee James Calicuia, assault and battery and aggravated assault and battery; Luciano Ponza. Manuel Ally, assault and battery and aggravated assault and battery; Luciano Ponza. John M. Grove, assault and battery; A. C. Lovell. John M. Grove and James Grove, disturbing public meeting. No true bills were found in the case of the Commonwealth vs. John Clougher, assault and battery and aggravated assault and battery; William Dunn, prosecutor. Prosecutor ordered to pay costs. Helen Jones Helen, the four-year-old daughter of Mr. and Mrs. Owen Jones died on Wednesday night of spinal meningitis. Prof. J. P. Stevens Prof. J. P. Stevens, principal of the East End Schools, Pittsburg, who was prominent in the Summer Assembly last summer and who had been engaged as an instructor for the coming summer died at his home in Pittsburg from pneumonia on Tuesday after a five day illness. A Card of Thanks We desire to thank our neighbors and friends who so kindly came to us during the illness and death of our father. [Signed] Mr. and Mrs. J. A. Piper