USA > Pennsylvania > Carbon County > History, government and geography of Carbon County, Pennsylvania > Part 10
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Not only does the Register keep the wills themselves, but he also makes an exact copy of it in a book especially provided for this purpose. He keeps a record of the acts of executors and administrators in the discharge of their duties. They must file an inventory within thirty days, but they have a year to close up the entire account, which is not done until the releases of all parties interested are filed.
The Register must furnish bonds for the faithful discharge of his duties. He is paid by fees which, in this county, amount to about $2,000 a year. Charles Curtis Doak is the present Register. His term is three years, though that of the party next to be elected will be four.
The Register of Wills also issues marriage licenses. Parties intending to marry usually apply to the Clerk of the Orphans' Court for a marriage license. A blank form is filled out in which is stated the age, occupation, and relationship of the parties. In case either or both of the parties are less than twenty-one years of age, they must receive the consent of their respective parents or guardian. This consent must be acknowledged by an officer legally qualified to administer oaths.
When the foregoing conditions are complied with, the Clerk gives to the parties a license whereby a minister of the gospel, Justice of the Peace, or other officer justified by law, may unite
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them in matrimony. After the marriage, the party performing the ceremony fills out a blank form called a "Marriage Certificate," which he gives to the parties married, and sends a copy of the same to the Clerk of the Orphans' Court to be kept on file in his office.
CLERK OF THE COURTS.
The Clerk of the Courts is the clerk of the Court of Quarter Sessions and of Oyer and Terminer. He calls up and swears the witnesses and jurors of these courts, and keeps the records of the proceedings of each of them. The laying out of new roads is controlled by the Court of Quarter Sessions, so also is the granting of liquor licenses. The issuing of all orders or papers relating to these is done through the office of the Clerk of the Courts. The reports of township and borough elections are kept in his office. He issues certificates of election to the successful candi- dates in all township and borough elections in all cases except that of the justice of the peace, who is commissioned by the Governor. The present clerk is John McGinley, whose fees amount to between $2,000 and $3,000 a year.
THE DISTRICT ATTORNEY.
It is the duty of the District Attorney to prosecute in court parties charged with committing crimes in the county, and to bring before the Grand Jury indictments against any and all persons in the county against whom a criminal charge is entered. To be eligible requires a two years' experience in the practice of law, and re-election is always allowable. In large counties he may appoint assistants. The number of these assistants is variable, depending upon the amount of work to be done. In counties having 10,000 or less of population the salary is $300 annually, while in some of the more populous counties it may run as high as $4,000. The District Attorney of Carbon County at present is Attorney George E. Gray, who receives a salary of $1,000.
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THE JURY COMMISSIONERS.
The Jury Commissioners are two in number. It is their duty to select the jurymen to serve at each term of the court from all parts of the county. In this selection the Sheriff, who is custodian of the jury wheel, is usually present to see that no one interferes with the names in the wheel, and the Judge is also present to supervise the work.
The commissioners are elected for four years and no voter can vote for more than one commissioner, thus giving the minority party an opportunity to elect one of the commissioners. In filling the jury wheel, it is customary to place into it six hundred names. An attempt is made to apportion them among the election districts of the county.
The commissioners receive $2.50 a day and mileage for their services, and are empowered to appoint a clerk who receives the same rate of pay for his service. They may not serve for more than two terms in succession.
The jury wheel is filled in January of each year. The most scrupulous care must be taken in all the matters relating to the selection of a jury. Lawyers often quash the jury if they are able to learn of any suspicious circumstances connected with its impan- eling. All officers should be men of high moral worth who are guided by strict moral principles, but this is especially true of the Jury Commissioners since they very largely determine the moral standards at the basis of the administration of justice.
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CHAPTER VI. THE COUNTY'S RELATION TO THE COURTS.
All the courts of the county are state courts. Since they are the courts in which cases are first tried, they are sometimes called county courts. There are fifty-six such courts in Pennsylvania. They were created by an act of the State Legislature. For court purposes, the state has been divided into fifty-six districts. The divisions are made entirely along county lines, and since there are sixty-seven counties in the state, it can at once be seen that not all the districts can consist of a single county. On the map showing the judicial districts of the state as they were apportioned by act of 1901, you will find that Carbon is a district by itself and that it is the fifty-sixth on the list. A copy of Smull's Legislative Handbook containing this map may be pro- cured through the representative in the State Legislature.
The two groups of courts in the county are the Court of Quarter Sessions and the Court of Common Pleas.
In the Court of Quarter Sessions are heard cases in the Court of Oyer and Terminer, such as murder trials, forgery, arson, and the like, also cases in the Orphans' Court relating to the estates of deceased persons. It is in reality the court which holds its sessions quarterly and is called Orphans' or Oyer and Terminer according to the kind of cases being tried. All cases tried before the Quarter Sessions Court have a petit jury. Transfers of licenses may also be made by this court.
In the Court of Common Pleas are heard civil cases. These are heard before a traverse jury. It sometimes happens that there are no civil cases upon the docket, and the jurors are notified not to come.
License Court is held once each year in January before the Judge. Here requests for new licenses or for transfer of old ones may be heard. Transfers may also be made in Quarter Sessions
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or in Chambers (before the Judge). The matter of granting or refusing applications for licenses to sell spirituous liquors is its duty.
Argument Court is held by the Judge alone. 'It may convene at any time.
Above the courts just mentioned are two higher courts to which a case may be appealed from the lower courts. One of these is the Superior Court in which are heard the less important cases which have appealed from the so-called County Courts; and the Supreme Court to which are appealed only the most important cases arising in the lower courts.
Above the Supreme Court of Pennsylvania is the Supreme Court of the United States. Appeals can not be made from the State Supreme Courts to the United States Supreme Court except in cases involving more than state laws; only cases involving a question arising under the Constitution of the United States or the laws thereof can be so appealed. The decisions of the Supreme and the Superior Courts are carefully prepared and put into book form by the state. The Judges in the lower courts are supposed to use the State Reports as the basis of their decisions.
THE JUDGE.
Carbon County has its own Judge. He presides over all sessions of the courts. In districts consisting of more than one county, in each of the counties composing the district, there are elected for a period of five years, two judges not "learned in the law" whose duties are chiefly advisory, but who sit with a judge "learned in the law" when he holds a session of the court in his county. Hon. E. R. Enbody and Hon. E. P. Williams were the last judges "not learned in the law" in Carbon County. The former left the Bench in 1905 and the latter in 1904.
The Judge of the county now must be "learned in the law." He must be an experienced lawyer and should be well versed in judicial work. He is elected by the voters of the judicial district (the county) for a period of ten years and may be re-elected. Hon. Horace Heydt, Esq., is the present Judge, and his salary is $4,000 a year. His commission expires in 1913.
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JURIES.
Juries are of three kinds, petit, traverse, and grand. All jurymen are selected by the Jury Commissioners under the super- vision of the Judge, the Sheriff at all times being custodian of the "jury wheel." The Jury Commissioners are elected every four years.
Six hundred names are each year required to be placed into the jury wheel. These are apportioned among all of the election districts of the county. The selection by law must be made from the various registry lists of the county. Since, however, no Jury Commissioner knows even a small portion of the voters whose names appear in any list, custom has established the prac- tice of having the Jury Commissioners request parties living in various parts of the county, whom the commissioners know, to present to them a list of about sixty names of men of honor and intelligence who would make good jurymen. Then seated at a table upon which are the lists of voters, having in their hand the lists made by their friends, the two Jury Commissioners select, alternately, in regular succession, the parties required to act as jurors for that term of court. The names of those selected are written upon separate slips of paper, folded, and placed into a cylindrical box called a "jury wheel." Before each term of court the Jury Commissioners, under the supervision of the Judge, draw from the "jury wheel," without seeing who is se- lected, the names of those who are to act as jurors for the ensuing term of court. The Judge decides how many names shall be put into the jury wheel each year and how many jurors shall be drawn for each term of court. He does this by issuing a venire. From forty to fifty is the number usually selected for the petit and traverse juries. From these twelve are drawn in each case as it comes up.
The Grand Jury consists of the twenty-four men whose names were first drawn from the jury wheel for that term of court. If the twenty-four of them attend, one of them is excused; a grand jury may not have more than twenty-three, or less than twelve members. The principal duties of the Grand Jury are to pass upon the indictments presented to them by the District
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Attorney. They always hold their sessions in private and hear only the evidence of the parties accused. If the majority think the evidence is sufficient to indicate crime, they find "a true bill." If the evidence seems weak or trifling to the majority they "ignore the bill." The consent of the grand jury must also be given before the County Commissioners can purchase land or erect public buildings. It must approve of the location of county bridges, and quarterly visit public buildings and make recommendations concerning their care or repair.
A petit jury consists of twelve men. They are chosen by lot from the number drawn from the jury wheel at the beginning of the session of court. Each case has a separate and different jury. This jury sits while cases are tried in which the grand jury has found a true bill.
In, law to deny formally what the opposite party has alleged is to traverse their statements. When a plaintiff makes a state- ment, he avers it to be true, and traverses what the defendant has affirmed. A jury that tries cases in which this often happens is called a traverse jury. It consists of twelve men selected in the same manner as jurors. A traverse jury tries only civil cases.
TWO KINDS OF CASES.
All cases which come before the court are either civil or criminal. A criminal case is one in which a person is charged with crime. If the charge is some slight crime, such as petty stealing, the court which tries the case is the Court of Quarter Sessions; if, on the other hand, the charge is for a serious offence, such as murder, forgery, or arson, though in all probability the same Judge and jury would try the case, it would in this instance be called the Court of Oyer and Terminer. Oyer is a term which came into the English through the Latin and Norman French and means a hearing or an inspection, as when a person in court requests an oyer of a certain legal paper. Terminer comes from our word to determine or terminate. The two terms were form- erly used in giving instructions to Judges relating to hearing and determining or terminating cases. The two courts are entirely the result of custom. There is no real reason for the distinction.
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A civil case is one in which one party charges another with breaking a contract, or failing to do some particular thing as promised. All civil cases are tried in the Court of Common Pleas. Cases relating to the estates of deceased persons are tried in the Orphans' Court.
ACCUSATION AND TRIAL IN THE CRIMINAL COURTS.
The first step to institute a criminal proceeding is to bring information against any one before a Justice of the Peace. This officer issues a warrant for the arrest of the accused. The Con- stable usually serves the warrant and brings the accused before the Justice of the Peace.
He may waive a hearing for trial at court, and in default of such bail as the Justice of the Peace may deem satisfactory, he is committed to jail; or, he may demand a trial before the Justice of the Peace at once. If in this trial, the Justice of the Peace thinks the case serious and the offence grave, he may determine that this is a case for court, and in default of bail, send the accused to jail.
The Justice of the Peace sends the record of his proceedings in the case to the District Atorney, who informs himself of the facts in the case, and presents an indictment to the Grand Jury. Upon the back of this indictment are placed the names of the witnessess who are expected to establish the validity of the accusation. The Grand Jury meets in private session and hears the evidence of the witnesses who were named by the District Attorney, but the accused himself is not heard. If, after the witnesses are heard, a majority of the Grand Jury agree in thinking that the accused should be tried, the words "True Bill" are written across the back of the indictment, and then the party must be tried in court before a petit jury. If the Grand Jury finds "No True Bill," the accused is given his freedom.
When the case is called for trial, a petit jury of twelve men are chosen from those whose names were taken from the jury wheel at the opening of the session of the court. The party on trial may secure a lawyer or a number of lawyers to assist him in
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his defense, and in case he is unable to do so, the court usually appoints one. The District Attorney is the prosecuting lawyer and he may secure others to assist him. His witnesses are first heard and the lawyer for the defense may question them concern- ing their testimony. The prosecution then rests its case and the witnesses for the defense are heard, giving the prosecuting lawyers the privilege of asking questions relating to the testimony given. When all the witnesses are heard, the attorney on each side makes his argument before the jury, after which the Judge gives to the jury his charge in which he tells them what is their duty in the case and what is the law on the question involved. Having heard the facts of the case as they were brought out during the trial and the charge of the Judge, the jury now returns to the jury room where they remain without communicating with any one until they arrive at a "verdict." This verdict must be unanimous. The foreman presents the verdict of the jury upon the completion of its deliberations.
If the verdict is "not guilty," the person on trial is at once set free; if found guilty by the jury, the accused person is either immediately or soon thereafter sentenced by the Judge. As a punishment, he is either imprisoned for a time, or fined, or both; in case of murder, he is executed.
He has, however, the privilege of trying to secure a new trial or of appealing his case to the Supreme Court. If acquitted, he can not again be tried for the same offence; but, if the jury fails to agree, a new trial may be held at a later term of court. The Judge usually refuses to discharge the jury until it has agreed.
During the trial, the Court Crier sits near the Judge and announces the convening and adjourning of the court; he swears the witnesses to tell the whole truth and nothing but the truth; and at the close of the trial swears the constable who has charge of the jury while in the jury room.
A CIVIL CASE.
The Court of Common Pleas tries law suits arising over property and other disputes. Such trials are usually called
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civil suits. There is no Grand Jury or District Attorney to bring an indictment. Cases are carried on much as they are in the sessions of the Court of Quarter Sessions. The jury must be unanimous to find a verdict.
A traverse jury which tries civil cases is impaneled by calling twenty men to the jury box and letting each side in turn reject one until eight have been removed. The person who brings the suit is called the plaintiff; he makes the complaint; the person against whom the suit is brought is the defendant. If the verdict is against the defendant, a judgment is entered upon the court records against him; if this is not paid, the Sheriff may enforce payment by selling the property of the delinquent. The party losing the suit is usually required to pay the costs.
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CHAPTER VII. POST OFFICES IN CARBON COUNTY.
There are twenty-five post offices in Carbon County. Of these Mauch Chunk, Lansford, and Lehighton belong to the second class; Summit Hill, Nesquehoning, Weatherly, East Mauch Chunk, and Weissport to the third class. The first post office was established at Lehighton and the one last to be estab- lished was at Christmans.
Postmasters of the first, second, and third class are appointed by the President of the United States. This appointment must be confirmed by the Senate. Postmasters of the fourth class must pass certain Civil Service examinations, and their appoint- ment depends upon the merits of this examination.
There are nine Rural Free Delivery routes in the county. One has its center at Aquashicola, two at Bowmanstown, one at Lehighton, one at Mauch Chunk, one at Rockport, two at Weiss- port, and one at Weatherly.
The post offices follow in alphabetical order. The figures after the names of the second and third class offices, represent the amount that the postmasters received in 1910.
Albrightsville.
Lehighton ($2,200).
Aquashicola.
Little Gap.
Ashfield.
Mauch Chunk ($2,300).
Audenried.
Nesquehoning ($1,100).
Beaver Meadow.
Packerton.
Bowmanstown.
Palmerton.
Carbon.
Parryville.
Christmans.
Rockport.
East Mauch Chunk ($1,400). Summit Hill ($1,400).
Hatchery. Hauto.
Tresckow.
Weatherly ($1,500).
Lansford ($2,200).
Weissport ($1,100).
Lehigh Tannery.
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CHAPTER VIII.
THE COUNTY'S RECORD IN THE NATION'S WARS.
CARBON COUNTY IN THE REVOLUTIONARY WAR, 1776.
Colonel Thomas Craig emigrated from Ireland in the latter part of the eighteenth century. When he arrived, he made his home in Philadelphia. Later he moved to the famous Minisink Lands at the forks of the Delaware and bought a tract of uncleared land. Here he became a part of what was later known as the Craig settlement. He was one of the regular members of the Presbyterian Church which was organized at that place, and was one of the leaders in church work during the remainder of his life.
His second son, Thomas, was born at this place. Thomas lived with his father and assisted him in clearing his land, and in tilling the soil on his new farm. It is this son, Thomas, whom we later find located at Stemlersville, Carbon County. He it was who represented the county in the Revolutionary War.
At the breaking out of the Pennamite War, in 1771-'72, he was made a lieutenant of the Pennsylvania Militia. He served during this war and made an honorable record. When the Revolutionary War broke out, he was made a captain and joined to Colonel St. Clair's Pennsylvania battalion. He accompanied Arnold's expedition to Canada, took part in the attack at Quebec, and was promoted to the rank of major for his faithful and excel- lent service. In the summer of 1777 he was made colonel of the Third Pennsylvania Regiment. He was in the campaign in New Jersey under Washington, and later took part in the battles of Brandywine and Germantown. He stayed with his suffering soldiers at Valley Forge. Here, on April 12, 1778, he addressed a letter to his countrymen which showed how much the entire army was in need of clothing. This letter had very much to do with stopping the farmers in that part of the state from hauling their things to the British in Philadelphia, and causing them to
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take part in furnishing the blankets, clothing, and food which the army needed so much.
In the battle of Monmouth his regiment was in the thickest of the fight. He continued in the service until the end of the war, and at its close was appointed lieutenant of Northampton County. When Montgomery County was formed in 1784, he was appointed associate judge, clerk of the courts, and recorder of deeds. These offices he held until 1789. He then returned to his native county, Northampton (now Carbon), and settled in the vicinity of Stemlersville, in what is now Towamensing Township. After the Revolutionary War, he was made major- general of the Seventh Division, Pennsylvania Militia. He lived to be ninety-two years of age.
Lydia Darrh was the wife of a Quaker school teacher in Philadelphia during the time it was occupied by the British. Many people knew and loved her, because she was so kind and tender-hearted. The British army officers often held meetings at her house. They chose the back room for this purpose, because they could meet there and make secret plans without fear of being disturbed.
One afternoon the British officers told Lydia to have the room ready for one of their conferences by seven o'clock that evening. "Have your folks go to bed early," said they. "We will likely stay rather late. When we are ready to go, I will call you so you can put out the candles."
"I will do as you wish," she replied; though she thought this was a very strange order. She at once began to think that these officers were intending to plot mischief for some one, and a meeting of the kind that the officers were preparing to hold would certainly mean danger to the American army.
She arranged that her family went to bed early as she had promised, but she herself was so worried that she did not re- tire. She simply threw herself upon the bed without undressing, but she could not sleep. When all was quiet and she thought that the last of the officers had entered her house, she took off her shoes and went quietly to the door of the room in which the officers were making their secret plans. She heard them talking
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of a plan to surprise Washington's army at Whitemarsh. She heard General Howe read an order to his staff officers. According to this order they were to make a sudden surprise attack on the 4th of December, 1777. They were to go to Whitemarsh in the night by forced marches, fall unexpectedly upon the American soldiers in the early part of the morning, and either destroy or capture the entire American army. Lydia had heard all she cared to hear. She realized the danger awaiting her friends and her country; stole back to her room as softly as she could, undressed quietly, and crept noiselessly to bed. There her mind was busy thinking what she could do to keep off the danger.
In a little while one of the officers knocked at her door. She pretended that she was asleep. After he had knocked again she got up and came to the door yawning as if she were only half awake. She opened the outside door, let the officers out, put out the candles, and went back to bed; but she could not sleep. She was thinking hard what would be the safe thing and the right thing to do. She finally made up her mind that she would keep her secret from all of her friends in Philadelphia, even from her own family; and that she would tell what she knew to Wash- ington. This she knew that she could do only at the peril of her life, for to get to Washington she had to pass the British lines and the soldiers on picket duty. She finally decided that if she went to the mill the next morning she would have a good excuse to get through the British lines; and once at the mill she would let Washington know as soon as possible.
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