Elk Lake – During the thunder shower last Thursday lightning struck F. D. Morris’ cottage. The bolt entered at the rear of the cottage, charring the wood. Strangest of all a splinter, a foot long, was driven through a 2” plank. The bolt grounded about 6” from an oil stove, cutting a space 24 sq. ft. through the kitchen floor. Dishes and utensils were scattered promiscuously about, while a box of matches remained untouched.

Flynn, Middletown Twp. – After the long summer, with the large number of city people who spend part of their vacation here, the only thing of any importance that happened was one engagement. Also our schools are all open, with a very light attendance, some as low as three scholars, making it pretty expensive to educate our children, but the money is gotten easy and the teachers are getting more than they could be hired for. I know we could get the same teachers for $30 per month just as well.

Forest Lake – John E. Flynn and Morris Baker are attending the Montrose High School.

Brooklyn –Brooklyn township was thrown into deep sorrow Sunday when the report that one of its young men had met a sad and untimely death by drowning. Arthur Rozelle, the 16 year-old son of Mr. and Mrs. Clarence A. Rozelle, of Rozedale Gardens, near Brooklyn, lost his life in the Meshoppen Creek when he went swimming to cool off after a long bicycle ride. The boy went swimming against the advice of his cousin, Ray Snyder, who pleaded with him to keep out of the water least he take a cramp because of his overheated condition. Young Rozelle insisted on the swim and jumped in the creek in a deep spot. He sank immediately and did not come to the surface. An hour later searchers recovered the body. The Rozelle boy often accompanied his father to Montrose on business trips, and his bright, manly ways had endeared him to all of Mr. Rozelle’s customers, who found him gentlemanly and accommodating.

Hop Bottom – George Miller, an aged veteran of the Civil War and a resident of this village, was instantly killed on the Lackawanna tracks by a light engine early Saturday. The accident occurred in front of the Foster House. Mr. Gardner was troubled with deafness and evidently did not hear the approach of the locomotive. He served with Co. B, 1st Delaware Regiment and was discharged 16 July 1865. He was 67 years of age.

Gelatt – Reunions are on hand. There were over 100 who attended the Gelatt reunion, at Whitmarsh Hall and over 100 attended the Pickering reunion at the Grange Hall. Monroe Walker and family and Geo. Barnes and family attended the Walker reunion at Alvey Corey’s, Elk Mountain. Eugene and Edward Gelatt and their families attended the Miller reunion at Daniel Foster’s at Lake Sido. Amos Avery and family attended the Beaumont reunion at Thomas Avery’s in Burnwood.

Lake View – The Ladies’ Aid held a church fair last Friday on the church lawn. A very fine chicken dinner was served and a good crowd attended. In the evening a cantata was rendered under the direction of Prof. Sophia.

Forest City – Ike Joseph’s, leading clothier and shoe dealer, has men’s fine tailored suits for the fall. The prices of our suits for men and young men range from $4.98 to $25.00. Ralston and Crossett shoes range from $4.00 to $4.50. Ladies shoes of all kinds, high or low cut are 98 cents to $4.00. School shoes for boys and girls in heavy box calf, gun metal, vici kid, from 89 cents to $1.75. School bag with each pair free. Men’s work shoes, heavy and durable, 98 cents.

Thompson – The ball game between the Thompson nine and Pleasant Mount boys was not finished last Saturday, as the Pleasant Mount boys were not willing to abide by the umpire’s decision. What’s the use of an umpire? ALSO Abdel Fatah expects to open a store in Uncle Tommy’s [Walker’s] building the first of October. He will sell ready made clothing and dry goods.

Uniondale – The counties of Wayne, Wyoming and Susquehanna comprise the great Tri-County Agricultural Association, held on the borders of each county, near Uniondale. So fellow citizens and exhibitors, this is to be your fair, and the officers have set October 7, 8 and 9, as being the three biggest days of your life. The horses are expected to be in fine shape for the races each day. A balloon ascension and parachute drop and a merry-go-round will be enjoyed by the children, from the age of 2 to 80 years. So, people, don’t forget the dates, October 7, 8 and 9.

Montrose – A better house for the purpose, or a better location for a summer hotel, could hardly be found anywhere than in Mr. Anthony’s fine home on Lake Avenue, which has been recently opened as “Shadow Lawn Inn.” The grounds are spacious, the rooms are many and large, the view is delightful, with the grounds well kept and beautiful flowers in profusion. Mr. Anthony, in opening this house to the public, is doing a public spirited thing, and we trust that the patronage may be liberal. It is especially delightful place for touring automobile parties. ALSO James E. Passmore, who is employed with the Thompson Marble Works in Cortland, NY, has been called here by Mrs. T. C. Allen to do some special fine work in lettering at the Allen marble shop. He will cut and letter after the latest pattern, beautiful monuments for the following—Myron Kasson, of Scranton, Ernest Smith, of Springville, Mrs. White, of Laurel Lake, Mrs. McMename, of Jersey Hill, and others. Mr. Passmore is considered to be one of the best marble cutters that ever came to Montrose, and for six years prior to Mr. Allen’s death, he had been a faithful workman in his employ. Mr. Passmore expects to return to Cortland at the completion of the work.

Springville – Eli Barber had the misfortune to lose his only horse last Saturday. He was at Brown & Fassett’s mill when without any warning the horse dropped dead.

Clifford – Frank Gardner and Miss Lillian Titsworth, of Montrose, called on the former’s grandparents, Mr. and Mrs. B. F. Bennett, last Friday afternoon. They made the trip in Dr. Gardner’s car, intending to return that night, but alas! while coming down the hill near Royal a rear axle snapped and they arrived in Montrose Sunday evening about six.

Harford – Miss May Tiffany has entered the Dr. Burns hospital in Scranton to take a course in training for a nurse. ALSO Miss Jennie Shannon, of St. Louis, is visiting friends in this place.

New Milford – Samuel and Edward Bertholf, Theo. Shay and Nat Burdick made a fishing trip to Morris pond Monday. They did not make much of an impression on the piscatorial record.

I received a news clipping from a reader reporting on an alleged Ninth Circuit decision that cleared the way to use cellphones as “roving bugs.” The story contended that the Ninth Circuit had allowed the police to not only record telephone conversations that the suspect made from his telephone, but to also remotely turn his cell phone on without the defendant’s knowledge to record all of his conversations that were within listening distance of his cell phone. The report went on to decry to “unholy alliance” between the different branches of the federal government that were “bent on obliterating the Constitution and establishing a country where every citizen is perpetually under the never-blinking eye of the government.” The short story made no sense at all from a legal perspective – and was filled with so much venomous language – that I suspected that it was not an accurate news account.

On the other hand, as you all know, I am not a huge fan of the Ninth Circuit – and they do come up with some bizarre decisions that have earned them the reputation as being the Court most likely to be overturned by the Supreme Court. So I went and pulled the decision – and found that it was not even close to what the “news” story reported. The facts are relatively simple and common in drug trafficking investigations.

During the course of a drug trafficking investigation, the government obtained court approval for electronic surveillance on 23 different cellphones over a 10-month period. This required new requests every 30-days for additional judicial approval to continue the electronic monitoring. In other words, the courts repeatedly reviewed the justification for the government action – and approved it. As a result of the investigation, Jorge Olivia was arrested and convicted of a drug trafficking conspiracy that involved the distribution of methamphetamine, cocaine and marijuana. Olivia’s cellphone had been one of the numbers included in the court-approved wiretapping and electronic surveillance.

Olivia argued that the government had improperly engaged in a “roving intercept” or a “roving bug.” Both of these intercepts are specifically authorized by federal statute and there is a high standard that must be met prior to judicial approval being given to allow such intercepts. Olivia contended that the court order allowed for such intercepts because it included recorded intercepts of “background conversations” while the cellphone was “off the hook or otherwise in use.” As such, this was the reason that Olivia contended that the order permitted “roving bugs.” Olivia argued that the government had not met the stringent statutory standard for “roving bugs,” and the government conceded that it had not met that standard. The government countered by noting that they had never sought a “roving bug,” they had never used a “roving bug,” and the order itself did not authorize a “roving bug.”

Let me stop there for a minute – there is nothing in the order to suggest that the government would be turning on the defendant’s phone to record him when the phone was not in use. Rather, the order related to intercepts when the “phone was off the hook or otherwise in use.” In other words, it was a standard wiretap intercept relating to conversations occurring on a particular cellphone number. It is impossible to really understand how a news media outlet turned these facts into the Ninth Circuit approved the use of “roving bugs” when the case never even involved “roving bugs.”

As to the defendant’s suggestion that the government “could” turn on his phone without his knowledge and record him, the Ninth Circuit specifically noted that it was not clear whether such technology even existed. It was not even relevant to the case because those were not the facts presented – Olivia could not even point to any evidence that would have fallen into the “roving bug” category. The Ninth Circuit admitted that the “off the hook” language was problematic, but accepted that it referred to intercepts that would occur of background conversations that occurred during an otherwise lawful wiretap – not situations where the government intentionally turns your phone on without your knowledge to record you.

After reading the decision, I have no idea how that particular publication even came up with the suggestion that the Ninth Circuit found “that agents of the federal government may use a cellphone as a microphone and record the conversations overheard when the phone itself is not being used otherwise.” The case did not involve the use of a cellphone as a “roving bug,” it involved the judicially authorized wiretap of a particular cellphone after law enforcement had developed sufficient information regarding the suspect’s involvement in the drug trafficking trade. Frankly, there is nothing all that spectacular about the case – the police got an order authorizing a wiretap for a particular phone number, the wiretap led them to knowledge of an impending drug deal, and the police were able to arrest and convict a serious drug trafficker.

In this instance, the Ninth Circuit clearly got it right – regardless of what you might read somewhere else from a publication with clear agenda-driven reporting. It speaks to the sad state of journalism today – both from the right and the left – that a relatively simple decision can be turned into an attack on the credibility of law enforcement, the courts and the government.

Please submit any questions, concerns, or comments to Susquehanna County District Attorney’s Office, P.O. Box 218, Montrose, Pennsylvania 18801 or at our website www.SusquehannaCounty-DA.org or discuss this and all articles at http://dadesk.blogspot.com/.