USA > Pennsylvania > Berks County > The story of Berks County (Pennsylvania) > Part 10
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The disposal of the property of deceased persons is an import- ant matter. When the Register receives a will, legally drawn up, properly witnessed and signed, he decides that it is valid in every respect, and this is called probating the will. The person named in the will to settle the estate according to the conditions named in it, is called the executor or executrix as the case may be. The Register gives this party authority to carry out the provisions of the will by giving him "Letters Testamentary." If no will has been left, or if the wil! has been destroyed, or is illegal, the law provides that the Register shall appoint an administrator or an administra- trix to whom he gives "Letters of administration" to settle up the estate in question.
The control of the estates of deceased persons rests with the Orphans' Court, of which the Register of Wills is the Clerk, and appeals from the decision of the Register in the probating of wills must be made in the same court.
Not only does the Register keep the will, itself, but he also makes an exact copy of it in a book especially provided for this pur- pose. He keeps a record of the acts of executors and administra-
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tors in the discharge of their duties. They must file an inventory within thirty days, but they have a year to close up the entire ac- count, which is not done until the releases of all parties interested are filed. His salary is $4,000 a year, which must be earned in fees.
The Register of Wills also issues marriage licenses. A blank form is filled out in which is stated the age, occupation, and relation. ship 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 acknow- ledged 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, Jus- tice of the Peace, or other officer justified by law, may unite them in matrimony. After the marriage, the party performing the cere- mony 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 Register, to be kept on file in his office.
Clerk of Quarter Sessions. The Clerk of the Courts is the clerk of the 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 re- lating to these is done through his office. The reports of the town- ship and borough elections are kept in his office. He issues certifi- cates of election to the successful candidates in all township and borough elections in all cases except that of the justice of the peace, who is commissioned by the Governor. The salary fixed by law is $4,000 a year, to be earned in fees.
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 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. He may appoint assistants. In Berks he has two. His salary is $4,000 a year.
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THE STORY OF BERKS COUNTY
Jury Commissioners. The Jury Commissioners are two in number. It is their duty, in connection with the judge, to fill the jury wheel and to draw the jurymen to serve at each term of court. In his selection the Sheriff, who is custodian of the jury wheel, is present to see that no one interferes with the names in the wheel, and the Judge is also present to supervise the work. They each receive $500 a year.
The Jury Commissioners are elected for four years and no voter can vote for more than one, thus giving the minority party an op- portunity to elect one. In filling the jury wheel, the purpose is to apportion them among the election districts of the county.
Prison Inspectors. The prison inspectors manage the jail. They receive $250 a year for expenses. There are nine of them.
Directors of the Poor. The paupers of the whole county are kept in the Almshouse, located at Shillington. The county elects three Directors of the Poor. They manage the Almshouse and determine who should be admitted. Children between two and six- teen years of age are supported outside of the Almshouse. These officials each receive a salary of $1,000 a year.
County Controller. The County Controller is the general fiscal agent of the county. He scrutinizes all bills and counter-signs war- rants, and audits the accounts of all other county officials. His salary is $4,000 a year.
County Surveyor. The County Surveyor had important duties when there was public land to be measured and sold. Since this is all gone, he has but little official business. He receives a salary of $300 a year and has no regular duties.
Mercantile Appraiser. This officer appraises the value of the business done by the various merchants of the county, who pay a state tax according to this valuation. He receives 50 cents for each place of business visited and six cents for each mile traveled. He is appointed annually by the County Commissioners.
County Solicitor. The County Solicitor is appointed by the county commissioners. He is their legal advisor.
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-
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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. Berks County is a district by itself, and is known as the twenty-third Judicial District.
Kind of Courts. There are four courts in the county-the Court of Common Pleas, which hears civil cases ; the Court of Quarter Ses- sions, which tries cases of misdemeanor, desertion, surety of the peace, and the like, and grants liquor licenses; the Court of Oyer and Terminer, in which are conducted murder trials, forgery, arson and the like, and the Orphans' Court, in which are heard cases relat- ing to the estates of the deceased.
License Court is held once each year. Here requests for new licenses or for transfer of old ones may be heard. Transfers may also be made in Quarter Sessions or in Chambers (before the Judges). The matter of granting or refusing applications for licenses to sell spirituous liquors is its duty.
Argument Court is held by the Judges without a jury. 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 been 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 cannot be made from the State Supreme Courts to the United States Supreme Courts unless in cases involving more than state laws ; only cases involving a ques- tion arising under the Constitution of the United States or the laws thereof can be so appealed. The decisions of the Supreme and 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.
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The Judges. Berks County has its own Court House and jail. There are three judges, each elected for a term of ten years at a salary of $7,000 a year.
Juries. Juries are of three kinds-Petit, Traverse, and Grand. The law requires that the selection of jurymen must be made from the various registry lists of the county.
The Grand Jury consists of 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 indict- ments presented to them by the District Attorney. They always hold their sessions in private and hear only the evidence of the ac- cusing parties. If the majority think the evidence is sufficient to in- dicate 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 Commission- ers can purchase land or erect public buildings. It must approve of the location of county bridges, and quarterly visit public build- ings 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 find a "true bill."
In law, to defy 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 and tries only civil cases.
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 Constable usually serves the warrant and brings the accused before the Justice of the Peace.
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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 com- mitted 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 offense 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 Attorney, 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 wit- nesses who are expected to establishi 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 ac- cused himself is not heard. If, after the witnesses are heard, a ma- jority 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 is 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 his defense, and in case he is unable to do so, the court usually appoints one. The District Attorney is the prosecuting lawyer having 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 are 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 "ver- dict." 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 imme-
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THE STORY OF BERKS COUNTY
diately, or soon thereafter, sentenced by the judge. As a punish- ment, 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 offense; 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 an- nounces the convening and adjourning of the court. To preserve order the tipstaves are at his command. He is custodian of the Law Library.
Manner of conducting civil cases. The Court of Common Pleas tries law suits arising over property and other disputes. Such trials are usually called 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 empanneled by call- ing 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 pay- ments by selling the property of the delinquent. The party losing the suit is usually required to pay the costs.
CHAPTER X.
GEOGRAPHY.
Berks County is located between the Delaware and the Sus- quehanna Rivers, just south of the Blue Ridge. It is in the lower central portion of the north tem- perate zone, being between 40 and 41 degrees north latitude and one- half and one and one-half degrees east longitude from Washington. It is bounded on the northwest by Schuylkill 36 miles, on the north- east by Lehigh, 24 miles, on the southeast by Montgomery and Ches- ter, 28 miles and on the southwest by Lancaster and Lebanon, 39 miles. It contains an area of 900 square miles or about 576,000 acres. Much of this area was taken from Phila- delphia County on the east side of the Schuylkill, and from Lancaster and COUNTY LINE STONE BETWEEN BERKS AND LEBANON. Chester on the west side of the river at the time the county was organized. It is estimated that the population of the county at the time of its erection in 1752 was about twelve thousand.
Mountains. The mountains of the county are ridges of the Allegheny Mountains which extend along the eastern border of the United States. The northern ridge is the largest, and forms also the northern boundary line of the county. In the early days, few surveyors or settlers went beyond this ridge.
In some of the early maps this chain was called Kittatinny. which is the Indian word for endless. In looking at the mountain from a distance it has a hazy bluish appearance, hence it was called
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Blue Mountain. The top of the ridge is by no means even, but it averages about 1,200 feet above the level of the sea.
The Pinnacle is a projection in Albany Township, extending to the southeast for about two miles. It is the highest point in the county, and lifts its lofty summit about 1,400 feet above sea level. Round Top is an isolated peak in the same township. Round Head, in Bethel Township, is about 1,000 feet high. '
Schuylkill Gap is the point at which the Schuylkill River breaks through the Blue Ridge at Port Clinton.
The second of the ridges is called South Mountain because it is about twenty miles south of the Blue Ridge.
The mountain is perhaps more widely known than any of the many elevations in the county, for upon its top, and along its slopes, in Lower Heidelberg and Spring Townships, are located a number of the most noted health resorts in the country. An attractive point is Cushion Peak, which can be seen for many miles. Upon its crest stands a United States observatory, the only one in the county. South Mountain contains on its western end in Berks County a number of rock-covered projections, one of which is called Eagle Head, because during colonial times many eagles roosted upon these rocky heights. South Mountain includes the Welsh Mountains, the Forest Hill, and the Flying Hills. The Flying Hills, however, extend along the south- ern side of the Schuylkill for several miles. They were so called by the early settlers because many birds could always be seen flying there.
The county also contains numerous smaller hills. "Stoudt Hill," named after its owner, is about six miles north of Reading, along the western side of the Schuylkill. "Scull Hill" is on the same side of the river and about five miles farther north. The "Oley Hills" are in that township and the "Earl Mountains" in Earl Township. "Monocacy Hill" is in Amity Township. East of Reading is Mt. Penn. It was conspicuous for the two spots which formerly could be seen for many miles, from the west. They are bare and are covered by rocks. "White Spot" was so called on account of the white stones at that point, and "Black Spot" was so named because its rocks had a darker color. The "Black Spot" is the higher and is about eleven hundred feet above sea level.
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THE STORY OF BERKS COUNTY
Neversink Mountain is south of the city. It is not quite as high as Mt. Penn, but overlooks the valley for miles to the southward. The graceful curves, where the river bends like an S, are distinctly seen. The point which extends to the north is known as "Lewis' Neck" and that to the south is "Poplar Neck." It is these two necks that are especially noted for the Indian relics that have been found there. The Scenic Railroads which have been built over these two mountains carry thousands of sight-seeing people each summer.
Rivers and valleys. The Schuylkill River flows through the county in a southeasterly direction and the land it drains is known as the Schuylkill Valley. The Maiden Creek, Antietam, Monocacy and Manatawny are the principal streams that flow into the Schuyl. kill from the east. The principal tributaries of the Schuylkill from the west are the Tulpehocken, Wyomissing, Allegheny and Hay Creeks. As a rule these streams rise near the county lines and flow towards the Schuylkill. On the east some of the water of the county is drained into the Perkiomen Creek and the Lehigh River. Bethel Township is drained by the Little Swatara Creek, and its waters finally reach the Susquehanna. The Little Conestoga and Muddy Creek drain Caernarvon Township into the Susquehanna. The Lebanon Valley extends from the Schuylkill to the Susquehanna. Its eastern section is drained into the Schuylkill by the Tulpehocken Creek and the western end is drained into the Susquehanna by the Swatara. The entire valley is about fifty-four miles long and takes its name from the leading city, which is situated on the watershead. The East Penn Valley is a continuation of the Lebanon Valley eastward.
Minerals. About seventy different minerals are found in the county. Gold and silver, in very small quantities, have been found, especially in Alsace and Oley Townships. Copper is more. abundant and most plentiful in Caernarvon Township. The best copper' clay yields 67%. The clay runs in veins a few feet thick.
The county is rich in iron. It was first mined in Colebrook- dale and Caernarvon Townships. There were more than one hun- dred mines in operation in 1882, which yielded more than' one hundred thousand tons. This gave employment to over two thous- and men, and brought into the county that year more than a mil-
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lion dollars. According to Heister's map there were twenty-five iron ore mines in the county in 1834. Much of the ore today is mined for the ocher.
The northern section of the county is rich in slate and some quarrying is being done. In the central portion we have the lime- stone, and in the southern part the sandstone. In this section there are large quarries, from which are taken exceptionally hard stones, known as Trap Rock. These are extensively used in roadmaking.
Caves. The limestone rocks, especially in Richmond Town- ship, have been washed out by underground waters to form numer- ous caves of various sizes, wliose floors are studded with glitter- ing stalactites and whose ceilings are decorated with bright shin- ing stalagmites. At Virginsville, in Richmond Township, two streams, the Sacony, rising some eight miles to the east, near Bow- ers Station, and the Ontelaunee or Maidencreek, having its source twenty miles to the north, in Lehigh County, mingle their waters. On all sides are hills, many of them cone-shaped and varying in altitude from two to three hundred feet above the streams. The underlying rocks, mostly of limestone, lying near the surface, are seamed and broken and at various places in the bluffs along these streams openings of various dimensions are found.
Crystal Cave. Crystal Cave is one of a number of underground cavities in Richmond Township. It was discovered by accident in the autumn of 1871 by two men, quarrying stone on the hillside. After the smoke from the blast had cleared away they found that they had unwittingly opened up a cave of considerable dimensions. They penetrated deeply into the interior and returned with marvel- ous tales of underground corridors and halls richly adorned with gleaming crystals.
In 1872 Samuel D. L. Kohler purchased from Gideon Merkel. 47 acres of land, including the hill containing the cave. This noted curiosity, which some regard as ranking with Niagara Falls, has been visited by more than 15,000 people. In the brief interval be- tween the discovery and the acquisition of the property by Mr. Kohler, the cave was robbed of many crystalline treasures. The new proprietor proceeded to check this inexcusable robbery by plac- ing a door at the entrance. A graded path with steps, in its deepest
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THE STORY OF BERKS COUNTY
ENTRANCE TO CRYSTAL CAVE.
slopes, made approach easier, while stairways, handrails, and other conveniences for more comfortable exploration were placed within. There are deep crevices and one of the chasms is asserted to be over one hundred feet deep. The cave has been explored for a distance of about a thousand feet. In some places it is quite spacious, while in others the visitor is barely able to get through a small opening which leads from one chamber to another.
Dragon Cave. Dragon Cave is situated about a mile north- east from Virginsville in the same township, and is said to communi- cate with Crystal Cave. This cave has been known for more than a century and a half and has attracted visitors from far and near. It is said that fishermen coming from Oley to try their luck in the waters of the Maidencreek, discovered the cave. At the time of discovery they made no exploration. Later, however, they started on an expedition, the purpose of which was to examine the interior. They entered, but failed to return at the time specified. A rescue party, sent after them, found the explorers lost in the cave. Their
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lights had gone out and they were in sad distress. The rescuers had avoided a like peril by taking the precaution to carry with them a long rope, one end of which was fastened at the opening so that, in case their lights should be extinguished, return might be assured.
The mouth of the cave is in a field which has long been in culti- vation. The opening is five feet wide, and nearly twice as long, nearly horizontal, while the entrance proper is perpendicular for a distance of ten feet. As, in the past, animals have fallen into the cave, the mouth is now protected by a wire fence. At present three trees stand near the mouth of the cave. The largest is a maple, nine feet in circumference at the base of the trunk. This indicates great age.
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