COURT NEWS, Altoona Tribune, April 4-6, 1918, Altoona, Blair County, PA
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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.
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