Clippings from the Berks and Schuylkill Journal, Saturday, January 6, 1849

Proceedings of Court

The Court of Quarter Sessions commenced its Session on Monday last—all the Judges present. Dr. James Darrah was appointed foreman of the Grand Jury. We give below an abstract of the proceedings, copied from Judge Stauffer's notes, which were kindly submitted to us for the purpose.

Com. vs. Jacob Fornwald. Surety of the Peace, on oath of Susan Becker. The parties in this case reside in the upper end of the city. Defendant was charged with kicking and using threats against the complainant.

Com. vs. Christiana Comphere. Surety of the Peace on oath of Sarah Tompson. The defendant, it seems was rather a troublesome customer to the neighbors, and threatened to revenge herself against all who would appear against her to the third and fourth generation. She was sentenced to enter bail in the sum of $100 for future good behaviour and pay costs.

Com. vs. George Herman. Surety of the Peace on oath of his wife Mary Herman. Mary complained, that her husband while under the effects of Liquor, scolded her and called her bad names--but she did not want anything done to him. Case dismissed.

Com. vs. Jonas Shiry. Assault and Battery on Samuel Reinard. The complainant in this case lives in District township--and the assault occurred at a frolic at Romig's tavern, in Longswamp. The defendant called Reinard a Loco-foco and struck him a severe blow in the eye--other witnesses stated that Reinard was very quarrelsome, and the defendant rather peaceably disposed. Defendant retracted his plea of not guilty and plead guilty The Court sentenced him to pay a fine of $100 and costs.

Com. vs. Solomon Tice--alias Smith--charged with stealing a horse, valued at $75, and for receiving a stolen horse known to him as such.

John Richards, sworn, said, I live in Upper Heidelberg township; I lost a horse from the field on the night of 5th and 6th August. The horse was four years old last Spring; it was a yellow bay with a good deal of white hair on the main and tail, had a bald face, hind feet white about half way up. I hunted around the neighborhood for the horse, but never got him back.

Philip Potteiger sworn. I live three quarters of a mile from Richards'. I saw this man (the prisoner) on the 5th of August about 6 or 7 o'clock in the morning; he came to our hose; had something in a small bundle and a coat on his arm; it was a coat like the one he has on now, only it looked a little fresher. I believe this to be the coat. He had no saddle or bridle or saddlebags. He went away in a different direction from Richards'; I looked at him pretty sharp; had on an old straw hat, summer vest, striped pantaloons, half boots; no whiskers I think. I am sure this is the man. I took notice of his feed; he had short feet and short shoes; shorter than common.

William Berger, with whom the prisoner stayed all night on the 3d August testified substantially the same as the above witness, with the exception that the prisoner had a saddle and pair of saddle bags the night he remained with him.

John Potteiger, sworn, testified that in the beginning of August, on Sunday morning, prisoner came to his house on horseback and requested feed for his horse and something to eat for himself. Witness asked him whether he was a drover; he said he had no drove then but was going to Reading and lived above Harrisburg. As soon as the horse was done eating he took him out and started off; said his name was Smith. He had a dark sorrel horse, or rather a light bay, his main and tail a good deal mixed with white. The horse did not appear warm or as he had been ridden hard; I should think the horse this man had to be the same I seen at Richards'. The saddle bags being shown to witness, he said he thought they were the same; Tice or Smith had a straw or leghorn hat on when he stopped at my house. Witness lives about 6 miles from Richards'. Had no suspicion that the horse was stolen until he heard Richards' horse was missing.

Wm. Potteiger, testified substantially the same as above. He said he really believed the horse prisoner had when he stopped to feed was Richards' horse.

Ezereal Lengel met prisoner after he had left Potteiger's; he passed on the road to Bernville and turned off towards Mohrsville in the lane through which no wagon would go; he had saddle bags and an old straw hat on.

Christian Reed, saw prisoner on the Friday before the Sunday when the horse was stolen, walk past his house, in Marion Township, about 4 miles from Richards'. Had no saddle or saddle bags (witness identified prisoner's clothing). On Sunday morning he came back riding the same road about daybreak; sure that he was the same man that walked past a few days before. The horse was yellow brown, had white main and tail and white face; had saddle bags. When I seen him he was 6 miles from Rehrersberg and 4 from Richards', 1 from Stouchburg.

Polly Hetterer testified that she saw the prisoner ride past their house on Sunday morning, recognized the horse, and told her people it was Richards'.

Another witness testified that he had seen the prisoner sitting on a stump near Richards' field on the Saturday before the horse was stolen about an hour before sundown.

John Morris, high Constable of Reading testified that he arrested the prisoner a few weeks ago; he had a horse in his possession; asked him where he lived, said in Franklin county. This is not the horse described by the witnesses; said he had bough the horse out West. At Betz's office he said his name was not Smith but Solomon Tice. Verdict--Guilty.

Com. vs. Francis Hall.--Larceny. The defendant in this case is a lad not 10 years of age, and was charged with stealing money from the drawer of Henry Newell, who lives in Eighth street in this city. The boy plead guilty and was sent to the House of Refuge. His case should prove a warning to other unruly scamps still at large.

Com. vs. Dr. Benj. F. Wethers.--The defendant was charged with purloining $59 or $60 from Joseph Seidel, who keeps a tavern in Shoemakersville where the Dr. boarded. The money was in a desk in the room Seidel slept, and upon several occasions the desk was found open and a portion of the money gone. A number of witnesses were examined on both sides; several with whom the Dr. had formerly lived testifying to his character for honesty. The principal grounds of suspicion against him were that he had always small sums of money about him without doing much business, but this was accounted for by other witnesses who said they had paid him money on various occasions. The Doctor is respectably connected. Verdict--Not Guilty.

Com. vs. Henry Ludwig Moyer.--The prisoner was charged with stealing a half and two quarter dollars from the till of Mr. Mosser of the Black Bear tavern, in Exeter township, a short time since. He came to the house in the morning and remained until afternoon. There were several other persons in the bar-room, and Moyer requested them to go out that he might change his shirt. They did so, and during their absence it is supposed the money was taken from the drawer. Verdict, guilty.

Proceedings of Councils

Select Council Chamber, Dec. 30, 1848

Council met: Present Messrs. Allgaier, Boone and Nagle, Pres't. The journal read and approved.

Resolution to appoint a committee of one from Select and two from Common Council, to wait on the County Commissioners for the purpose of procuring from them a piece of ground for City pruposes passed unanimously.

Bills from Common Council, viz: Peter Meffert, Assistant Regulator, $56,62; Frees and Kissinger for lime and sand, $38,87; Wm. Leinbach for stone, $63,35; and J.M. Reinhart for priating [sic] done last spring, $14,75, were unanimously concurred in and ordered to be paid. On motion adjourned.

Attest: J.L. Rightmyer, Clerk S.C.

The petition from last meeting to gravel cherry alley between 5th and 6th streets was laid over.

Common Council Chamber, Dec. 30, 1848

Council met: present Messrs. Boyer, Frees, Malsberger, Miller, Young and Briner, Pres't. The minutes of last meeting read and approved. Henry Seitzinger clerk of the market elect appeared with his security which was on motion approved and they entered into bonds according to law.

Bills were presented as follows:

Bill of Peter Meffert, regulator $56,62
Wm. Leinbach, balance for stone 63,35
Frees & Kissinger 38,87

Which were severally ordered to be paid. From select council, bills of Fasig & Henry, lumber, $6, 50; Daniel Miller, smith-work, $1, 07, which were considered and ordered paid. Bills from Miltimore & Boyer and Craig & Miller were referred to the committee. Bill of Wm. Dobbin, for balance of rent for cellar for use of the dog catcher, $14, was presented and on motion that the same be paid, the yeas and nays were called for and it was decided as follows: yeas, Messrs. Miller and Briner, 2; nays, Messrs. Boyer, Frees, Malsberger and Young, 4.

A resolution from select council, for the appointment of a committee of one from select and two from common council, to wait upon the commissioners of the county and endeavor to procure from them a piece of ground for city purposes, and naming Mr. Boone on the part of said council, was read and unanimously concurred in, and Messrs. Miller and Young appointed on behalf of this council. On motion adjourned.

Attest: John W. Tyson, Clerk C.C.

Married

By the Rev. James Woodward. In Morgantown, on Tuesday the 2d inst., Mr. Coleman J. Bull, of Churchtown, to Anna, youngest daughter of the Hon. Edward Davis, of the same place.

By Alderman William Betz. On the 4th inst., Mr. Benjamin Ray, of Warwick township, Chester county, to Miss Elizabeth Smith, of Earl township, Lancaster county.

By the Rev. Wm. Pauli. On the 26th ult., Mr. Lewis Hull, of New Holland to Miss Sarah Ely, of Reading. On the 31st, Mr. Jacob Fricker to Miss Mary Ann Hauck, of Earl township. On the same day, Mr. Frederick Kadble, to Miss Mary Wertz, of Alsace.

By the Rev. J. Miller. On the 21st, Mr. Absalom Fuhrman, to Miss Emmeline Schmidt, both of Lancaster county. On the same day, Mr. George Henry Last, to Miss Mary Ann Wunder, both of Reading. On the 26th ult., Mr. Moses Himmelberger, of Bern, to Miss Rebecca Klapp, of Lower Heidelberg.

Submitted by Nancy.


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