Search the Newspapers Browse Newspapers by Date Articles Indexed by Topic About the Newspapers Valley of the Shadow Home

Franklin Repository: January 26, 1859 Go To Page : 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |

Local Items: Court Proceedings
(Column 1)

Summary: "This was a sort of cross-fire brough by Frank Jones against some of the persons who had been instrumental in the prosecution against him for keeping a disorderly house - the parties were all colored. The defendants were found not guilt, but John Harrison and Mary harrison to pay costs of prosecution."
(Names in announcement: Moses Stephenson, Diana Stephenson, Mary Harrison, Elizabeth Little, Frank Jones, KennedyEsq., for prosecution, NillEsq., for prosecution, StumbaughEsq., for defense, CarlisleEsq., for defense, J.W. DouglasEsq., for defense, )

Local Items: Court Proceedings
(Column 2)

Summary: Record of robbery trial, with attorneys noted.
(Names in announcement: William MortRobbery, not guilty, ClarkEsq., for prosecution, McLellanEsq., for defense, McClureEsq., for defense, RoweEsq., for defense, OrrEsq., for defense.)

Local Items: Court Proceedings
(Column 2)

Summary: Record of trial of Mr. Clark on the charge of larceny. Verdict not guilty.
(Names in announcement: L.M. Clark, Clarkesq., for commonwealth, NillEsq., for commonwealth, NillEsq., for commonwealth, ReillyEsq., for defense, SharpEsq. for defense)

Local Items: Court Proceedings
(Column 2)

Summary: Record of the trial of Jackson, Campbell and Lyle. Found guilty of charge of larceny and imprisoned in the county jail for ten days.
(Names in announcement: Henry Jackson, Richard Campbell, James Lyle, ClarkEsq., for commonwealth, Esq., for defense Stumbaugh, CarlisleEsq. for defense)

Local Items: Court Proceedings
(Column 2)

Summary: Mrs. Renneberger prosecuted the defendant for "taking improper liberties with her person. Defendant not guilty, but to pay costs of prosecution."
(Names in announcement: George Eckert, Mrs. Renneberger, , ClarkEsq., for commonwealth, ReillyEsq., for defense, SharpEsq., for defense)

Local Items: Court Proceedings
(Column 2)

Summary: Charge of riot. "Not a true bill." Misunderstanding and misadventure resulting from overindulgence in liquors. "The bill was ignored."
(Names in announcement: Walter Crawford, Pat Hughes, McLellanEsq., for defense, McClureEsq., for defense)

Local Items: Court Proceedings
(Column 3)

Summary: Secrist prosecuted by Williams for assault and battery. "Not a true bill." Williams ordered to pay cost of prosecution.
(Names in announcement: Elizabeth Secrist, Mary Ann Williams)

Local Items: Court Proceedings
(Column 3)

Summary: Williams charged Jacob and Christiana Myers with assault and battery. "Not a true bill." Williams ordered to pay cost of prosecution.
(Names in announcement: Jacob Myers, Christiana Myers, Mary Ann Williams)

Local Items: Court Proceedings
(Column 3)

Summary: Keefer found guilty of Assault and battery; ordered to pay a fine of $5 and costs of prosecution.
(Names in announcement: Jeremiaih Keefer, Frederick Sites, ReillyEsq., for prosecution, , SharpeEsq., for prosecution, , RobinsonEsq., for defense, CarlisleEsq., for defense.)

Local Items: Court Proceedings
(Column 3)

Summary: Nolle prosequi entered by the District Attorney.
(Names in announcement: J. Baker, EverettEsq., for defense, StricklerEsq., for defense)

Local Items: Court Proceedings
(Column 3)

Summary: "The defendant, who is a colored man was charged with stealing three fowls, of the value of 75 cents, and a whiskey barrel, of the goods and chattels of one Peter Slater. Verdict not guilty."
(Names in announcement: Richard Parker, Peter Slater)

Local Items: Court Proceedings
(Column 3)

Summary: Indigent woman ordered to the Poor House.
(Names in announcement: Jane Slater)

Local Items: Court Proceedings, Common Pleas
(Column 3)

Summary: "An action brought to recover $100 - the value of a carriage and set of harness sold by plaintiff to Wm. Duffield before his decease. The defence set up that thecarraige was not worth over $60 at the time it was sold. The jury found a verdict for plaintiff of $120.12 1/2."
(Names in announcement: James Duffield, Rev. B.S. SchenckAdm.r of Wm. Duffield, dec'd, William Duffielddeceased, ReillyEsq., for plaintiff, SharpeEsq., for plaintiff, McLellanEsq., for plaintiff, McClureEsq., for plaintiff, RobisonEsq., for defense, CarlisleEsq., for defense, )

Local Items: Court Proceedings - Common Pleas
(Column 3)

Summary: "Action on a promissory note. Plaintiff non-suited.
(Names in announcement: William Pym, R.W. McAllen, EverettEsq., for plaintiff, StricklerEsq., for plaintiff, DouglasEsq., for defense)

Local Items: Court Proceedings - Common Pleas
(Column 3)

Summary: "This was an action brought to recover the balance on a claim of $238.43. Verdict of $12 for plaintiff."
(Names in announcement: John Welsh, Jacob Middower, McLellanEsq., for plaintiff, McClureEsq., for plaintiff, ReillyEsq., for plaintiff, RobisonEsq., for defense, CarlisleEsq., for defense)

Our Town
(Column 3)

Summary: Decries the lack of suitable housing in Chambersburg as holding back the town's economic growth. Calls upon monied men of the town to finance new construction.
(Names in announcement: , )

Full Text of Article:

The old complaint--a want of dwellings--is again heard in our town, emanating from persons who are unable to procure suitable ones for the accommodation of their families. Notwithstanding the large number of houses that were built during the last season, there is still a scarcity of dwellings. Why is it that monied men, who can now realize from 8 to 10 per cent. on their outlays in building in streets somewhat remote from the business part of our borough, and near double that per cent. on investments in more favored position, do not build houses to accommodate those who wish to locate in our midst? Why is it, that every spring, for several years past, we hear so much about the scarcity of dwelling houses, and with all this increasing demand, persons who could, do not erect buildings? It has been said that

"Distance lends enchantment to the view."

but the advantages our town possesses look quite as well on a close inspection as at a distance, and we maintain that Chambersburg has advantages for the business man and mechanic that can be found in but few other inland towns in the State. Persons residing in other localities, on visiting our town, finding this to be true, are crowding in upon us, while others who have been raised here either do not see it or are indifferent to the prosperity of the place, and do not heed the call for houses. Many persons are prevented from locating in our midst, owing to the difficulty of procuring suitable dwellings in which to move, and thus the increased population of our town is retarded, and it business interests dwarfed.

We ask our monied men, in all seriousness, to take a walk of observation through our town and suberbs [sic], and note the number of buildings that were erected during the last few months, and then ask themselves the question--Can it be possible that houses are still in demand, after so many having been recently built? Then inquire of our brick-makers what stock they have on hand for spring building, and they will find that it is very limited, and should the spring be a backward one, building will be much delayed in consequence.

We have heard of about twenty buildings that different persons have determined to erect next season; but how far will that number go to supply the great demand? As far as it goes, it speaks well; but the number should be fifty instead of twenty.

Lodge Visitation
(Column 4)

Summary: Members of the Chambersburg Odd Fellows Lodge made a fraternal call upon the Columbus Lodge No. 75, with appropriate rituals and singing signifying fraternity and unity among the brethren.
(Names in announcement: William AdamsEsq, the Noble Grand of Columbus Lodge, N.G. David A. WetzNoble Grand of Chambersburg Lodge, Peter HousumDistrict Deputy Grand Master, Brother George Ripper, I.H. McCauleyPast Grand, Columbus Lodge, F.S. Stumbaughof Columbus Lodge, Samuel Seibertof Columbus Lodge, William Blankneyof Columbus Lodge, David B. Russellof Waynesboro Lodge)

Full Text of Article:

On Thursday evening last, as we are informed, a ceremony of an unusual and highly interesting character took place in the Hall of Columbus Lodge No. 75, of Odd Fellow's of our town. In accordance with a previous invitation, proceeding from Columbus Lodge, the officers and members of Chambersburg Lodge, No. 175, of our place, made a fraternal visit to their brethern [sic] of Columbus Lodge on the evening named, in full regalia. The visiting brethren were received according to the forms of the Order--an appropriate Ode was sung, and a cordial welcome extended by William Adams, Esq., the Noble Grand of Columbus Lodge.

The object of the visitation was to encourage fraternal feelings among the brotherhood--excite renewed zeal in carrying out the objects of the Association, and to interchange opinions upon matters pertaining to the good of the Order. During the course of the evening addresses were make [sic] by N. G. David A. Wertz; District Deputy Grand Master, Peter B. Housum, and Bro. George Ripper, of Chambersburg Lodge, which were responded to by Past Grands I. H. M'Cauley, F. S. Stumbaugh, Samuel Seibert, William Blankney, of Columbus Lodge, and David B. Russell, of Waynesboro' Lodge.

The meeting resolved itself into a Convention of the Order, (there being members present from every Lodge in the County save one) and it was resolved to hold a grand Assemblage of the Lodges of the County, at this place, on the 26th day of April next--the 40th Anniversary of Odd Fellowship in the United States, to be observed by all the Lodges of the Order under its jurisdiction, as a day of Thanksgiving and Praise to Almighty God for the many mercies and blessings vouchsafed to the Order since its organization.

It is contemplated, we are informed to have a Public Procession--and several addresses at the time indicated--the 26th of April next.

The visitation of which we have spoken, passed off very pleasantly, the very best of feeling existed amongst all present, and there was but one sentiment, and that was that it might prove to be only the first of many such fraternal re-unions.

The Trial
(Column 1)

Summary: Story is a description of the oratorical techniques of the various attorneys arguing in the case of Daniel Funk, accused of the mreder of John Osborn.
(Names in announcement: Daniel Funk, John Osborn, Judge Kimmel, J. McDowell SharpeEsq., counsel for the defense, I.H. McCauleyEsq., for the Commonwealth, T.B. KennedyEsq., for the defense, L.S. ClarkeEsq., District Attorney, Col A.K. McClureEsq., for the defense, Hon., on behalf of the prisoner Wilson Reilly, Hon., for the Commonwealth G.W. Brewer)

Full Text of Article:

The very full report in this paper of the trial of Daniel Funk, for the murder of John Osborn, occupies so much of our room that, for want of space, we forego giving our opinion, at any length, of the scenes, incidents and parties connected with the trial. The following must suffice:--

We were forcibly impressed with the noble dignity of his Honor Judge Kimmel. His courteous demeanor toward the Bar and Jury; his forbearance extended to the vast throng who crowded the Court Hall almost to suffocation, during the entire progress of the trial; his firm determination that the trial should be conducted strictly in accordance with the established rules of Law, won the admiration of all who were in constant attendance upon the Court during the trial. He manifested sufficient kindness to make all present feel perfectly comfortable; yet he was altogether too firm to be moved, even by the heart-stirring eloquence of a wife's tears. Nor was he the least biased by the inginuity [sic] and weeping appeals of counsel. His charge, which occupied just one hour, gave universal and complete satisfaction. No man could have better performed the arduous duties devolving upon the President Judge of the Court, at a time so truly solemn, as during this very important trial, or held the scales of justice with a firmer and steadier hand than did he.--The universal sentiment is: that no better type of the just Judge ever sat upon our Bench.

The trial commenced Thursday morning and lasted till Sunday evening. The case opened by an able and eloquent discussion upon the motion for a severance of the trial, in which all the eloquent counsel took part. J. McDowell Sharpe, Esq., particularly, distinguished himself by one of the most brilliant efforts of his life, in behalf of the motion. After this question was deposed of--which was done by granting the prayer of the petitioner--a most righteous decision--the trial commenced by empaneling the Jury. The case, on behalf of the Commonwealth, was then opened, (by a speech of 51 minutes in length) in an able, eloquent, and attractive statement of the cause the Commonwealth had for complaining of the conduct of the prisoner at the Bar; a lucid explanation of the law of Homicide, and a beautiful and touching allusion to the unfortunate parties present; as well the prisoner as the chief witnesses for the State--the wife and children of the deceased, by I. H. McCauley, Esq., one of the Associate counsel for the Commonwealth.

When the testimony was all heard for the Commonwealth, the case was opened (by a 45 minutes' speech) in a powerful presentation of the aggravations--more than mortal could bear--to which the prisoner and his wife were subjected from the Osborns; the many and important contradictions of the main witnesses for the Commonwealth--making it altogether unsafe for a Jury to rely upon their evidence, closing with a most pathetic appeal to the humanity of the Jury, by T. B. Kennedy, Esq., one of the prisoner's counsel. Mr. Kennedy is a ripe scholar, and bids fair to take a high position at our Bar.

The evidence being all heard and the case marked closed, on both sides, the arguments to the Jury were commenced by the District Attorney, L. S. Clarke, Esq., who, by his magnificent method of summing up the evidence, his clear and convincing style of presenting the truth of the case, won for himself a high place among forensic orators of the day. Mr. Clarke felt the weight of the responsibility resting upon him, and whilst he thirsted not for the blood of the prisoner, yet his oath of office required him to do all in his power to vindicate the outraged laws of the State; and all who heard him are satisfied that the dignity of the Commonwealth is in safe keeping in his hands. Mr. C. can take his seat among the ablest of our advocates.

Col. A. K. McClure then addressed the jury (in a speech of 2 hours and 25 minutes) on behalf of the prisoner. This eloquent gentleman held the vast audience in almost breathless silence, for the great length of time which he consumed, although hundreds of them had been standing for six hours before he commenced. --No description of his great effort can be given by us. This mastery display of genius, and skillful handling of the subject under discussion, could only be appreciated by the hearer. His logical elucidation of the testimony, and the lawbearing upon the case, we have no doubt, went very far with the Jury in assisting them to arrive at the conclusion which they embodied in their verdict. No person, who listened to that speech, will ever forget its magical effect. It would have been very difficult to make a stranger believe (which is strictly true) that the Colonel has been at the Bar less than 3 years.

Col. McClure closed his speech, about 8 o'clock, on Saturday evening, whereupon the Court adjourned till Sunday morning, January 23, 8 o'clock.

On Sunday morning, at the proper hour, the Court called and as soon as regularly opened. Hon. Wilson Reilly made the next and last speech, (of two hours and a half in length) in behalf of the prisoner. This eloquent champion brought into the arena all the skill, learning and ability, which an extensive practice of 25 years has endowed him with. The task was great; but he proved himself equal to it. He fully sustained the proud position he has long occupied; and we cheerfully place him among the very first Criminal law Lawyers in the State. His sympathy in fusing appeals to the jury caused tears to flow most freely from eyes unused to weeping.

The whole Argument was concluded, (in a speech of 1 hour and 55 minutes in length) by the other gifted and talented associate counsel for the Commonwealth, Hon. G. W. Brewer. This was one of Mr. Brewer's most able efforts. Feeling the importance of his position, and the formidable array of talent opposed to him- he rose in might as the case required his gigantic powers, and seemed all the more at home and at ease, in the midst of the battle. Although our sympathies were enlisted in behalf of the unfortunate prisoner, yet we could not but admire his superior elegence [sic] of style and astute presentation of the strong points in the case. We have for a great while entertained the belief, which has been very much strengthened by his efforts in connection with this case, that a brilliant future awaits Mr. Brewer.

Trial of Daniel Funk for the Murder of John Osborn: Franklin County Oyer and Terminer, January Term, 1859
(Column 2)

Summary: David Funk, 28 years of age, and his brother Daniel Funk, "some 3 or 4 years younger," tried for the murder of John Osborn. Story includes official affidavits filed in court as well as courtroom testimony (verbatim), continued on pp. 3-5.
(Names in announcement: Daniel Funk, John Osborn, Judge Kimmel, L.S. Clarkdistrict attorney, Mr. George BrewerEsq., Mr. I.M. McCauley, McClurecounsel for defense, Kennedycounsel for defense, Mr. Welshcounsel for defense, Duncancounsel for defense, David Funk, Mr. Nillcounsel present for David Funk, Mr. McLellancounsel present for David Funk, Mr. Sharpecounsel present for David Funk, Mr. Stumbaughcounsel present for David Funk, Mr. McLellancounsel present for David Funk, Mr. Carlislecounsel present for David Funk, )