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Issue Home November 7, 2012 Site Home

100 Years Ago

Hallstead – Work at the oil well in this place is progressing as rapidly as the conditions will permit, and notwithstanding the fact that the workmen were compelled to suspend operations for several days on account of a broken cable. It is expected that a new cable, ordered from Scranton, will arrive in a few days when drilling will be resumed. At present they have gone down 2805 feet and have found no indications of either oil or gas. They are also expecting a splicer, which is to be shipped from Oil City, Pa., in a few days, to be used in the work of drilling. The work is in charge of Mr. A. L. Hughes, of Smith’s Ferry, Pa., an engineer and driller of wide experience. He is being assisted by Mr. Maitland Hays, of this place, as tool dresser.

Royal, Clifford Twp. – Last Friday’s [game] hunt here between T. S .Morgan and Fred Stephens was quite an interesting affair, about 20 on a side; the game was all brought to the hotel and hung up in the Royal hall which made a grand display. Hawks, crows, owls, pheasants, rabbits, squirrels, and other game—it was worth looking at. The hunters all took supper at Hotel Royal, the side that had the least game to pay the bill. T. S. Morgan’s side had the bill to pay. The chicken supper was the kind George Hankinson knows so well how to prepare. About 63 persons ate supper and they have been bragging about it ever since. and in Clifford, William H. Stage, a veteran of the Civil War, peacefully passed to his reward last Thursday morning. He had been in poor health all summer and unable to work. He leaves a wife and three children to mourn their loss. The funeral services were conducted at the house Sunday at 1 o’clock. Rev. Tuthill officiating. Interment in the old cemetery.

Flynn, Middletown Twp. – Miss Mary Murphy gave a masquerade dance to her friends last Friday evening. There was a large crowd present and a good time had by all.

Kingsley – “Aqua Inn,” the new hotel at Kingsley conducted by Stearns Bros., is one of the modern hotels in the county, equipped with electric lights from a storage plant and power is furnished from Stearns Bros. mill. W. W. Wilmarth & Son, of Kingsley, also have a similar plant for lighting their residences and barns. Also Elmer Marcey is the proud owner of a $25 rabbit hound.

Montrose – Elaborate preparations had been made by the Democrats, the Republicans and the Washington party, for receiving the election returns and the service was highly enjoyable to our citizens and the many people from the surrounding country, who gathered to learn that “Wilson had won.” The Democrats camped out at Colonial Hall with a special New York wire and operator, and the very first returns told of Wilson’s triumphant victory. The Washington Party people threw the returns on a large screen on the Gardiner building and the scene on Public Avenue looked much like the pictures we see in the city papers when they are “getting the returns.” The Republicans heard the news at the Court house receiving messages from the Western Union and it is reported to have been an exceedingly orderly and well behaved gathering. At about midnight the pent up enthusiasm at the Democratic headquarters had reached the bursting point, and a big delegation with horns, tin pans, drums, etc., gave vent to their feelings and made Rome howl for an hour or so.

Gibson – L. B. Wilder will open a grocery and hardware store in Claude VanGorder’s new store building next Saturday. Mr. Wilder has been the obliging salesman at the Barrett store for a long time and will have the best wishes of many friends.

Franklin Twp. – There will be a wood bee on Franklin Hill, Nov. 15th, to get wood for the church. All are invited to attend. Ladies Aid will serve dinner at L. T. Seaman’s.

Herrick Center – The Erie depot at this place was entered last Friday night. Several valuable articles were taken. This is the third time within the last month, but detectives are on their track.

Susquehanna – Joseph McMahon has secured the agency for the Ford automobile in this place. And Miss Helen Burt, who for the past three years has helped to care for her invalid grandfather, George Leal, of Oakland, has gone to California, where she will learn to be a nurse.

Auburn Four Corners – There was no school Oct. 22 on account of the illness of our teacher, Miss Anna Carney. Fowler Hill, Auburn Twp. – H. B. Hogeboom had a husking bee Saturday eve. Thirty-five bushels of popcorn was husked and all enjoyed a fine time. The ladies Aid of Beaver Meadows met with Mrs. J. O. Devine and made them a wood bee, as Mr. Devine has been sick a long time.

Harford – Dr. A.T. Brundage, our oldest resident, celebrated his 92nd birth Nov. 4th.

Elk Lake – The home of Thomas Keough and son Charles, located about one and a half miles below here, was burned to the ground Wednesday morning. The men lived alone, and after building a fire in the stove and getting their breakfast, went to the barn to do the chores. Later, looking toward the house, the upper part of the building was seen to be on fire, having caught from the chimney. They were able to save little other than some clothing, the contents being almost entirely consumed. Nearly $500 in check and currency was destroyed. The house was a good structure, the property being formerly owned by Nathan Green, Charles Keough purchasing it about two years ago. The loss will be fully $1200, it being reported that there is $600 insurance on building and contents with the Grange.

Brooklyn – Postmaster Eldridge’s condition remains about the same. Little hopes are entertained for his recovery.

Hopbottom/Foster – Mrs. Mary Miller, of Foster, has instituted suit in the Court of Common Pleas, of this county, for $20,000 against the Delaware, Lackawanna and Western Railroad Co., for the death of her husband, George Miller. The above cause of action arose by her husband being killed on the grade crossing at Foster station.

News Brief: The parcel post system becomes operative on January 1. Twelve new stamps will be placed on sale in the post offices for affixing to packages. These stamps will be larger than the ordinary postage stamps and so distinctive as to color and size as to prevent a possible confusion with other stamps.

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From the Desk of the D.A.

A reader sent in a request concerning offenders who are caught driving with a suspended license and what the consequences are for those offenses. The reader noted that they see police reports that note that the driver had a suspended license at the time of the offense. The reader went on to question what happens with those offenders and whether they go to jail – especially the repeat offenders. Finally, the reader indicated that they understood that a suspended license was a significant penalty in a rural area that has no public transportation, but wondered whether the offender could get a limited license to travel to work.

The offender has hit on a very big problem in Susquehanna County – and throughout the Commonwealth. The answer to the question regarding incarceration is not as simple as it would depend upon the nature of the suspension and the citation issued by law enforcement. There are generally three different vehicle code offenses that are used in these circumstances: (1) Drivers Required to be Licensed; (2) Driving While Suspended; and (3) Driving While Suspended for DUI offense. The first two offenses do not have a period of incarceration, but both call for a fine of $200.

The offense of Drivers Required to be Licensed would apply to someone who did not have a license or the license had expired and was not properly renewed. It does not result in an automatic suspension of your driver’s license unless you have a prior offense in the last 5 years under that section. In that situation, there is a 6 month suspension of your driver’s license. As to a conviction for Driving While Suspended, the Commonwealth has to demonstrate three things: (1) the Department of Transportation had suspended your license; (2) you were aware of the suspension; and (3) you drove anyway. That particular offense carries a 12 month suspension of your driver’s license in addition to the $200 fine. In either of those cases, you would only face incarceration in the event that you were not paying your fines and costs as required by the Court.

As to Driving on a DUI suspended license, it carries a mandatory fine of $500 and imprisonment of not less than 60 days and not more than 90 days, as well as the additional 12 month suspension of your driver’s license. Again, the Commonwealth has to demonstrate that the driver had knowledge of the suspension – and that the suspension was relating to a DUI offense, not for some other reason. There are times that this is more difficult than you might imagine. I have seen driving histories with suspensions that go back over a decade and you have to weed your way through different suspensions in an effort to determine which particular “suspension” that offender is serving at this moment in time.

The best example I remember is several years back I was prosecuting a defendant for a DUI offense – and he had a terrible driving history. With DUI offenses, the statute only counts the ones in the past 10 years for purposes of determining whether it is a first, second, third or subsequent offense. This is necessary for purposes of determining the mandatory minimum that applies to the offender. This particular fellow had a lot of DUI offenses – many of which were outside that 10 year look back period. As a result, however, he had a driving history from PennDOT that was over 30 pages – and it was filled with convictions for summary offenses of driving while suspended – and each conviction added another 12 months to the suspension – as would his new DUI offense. As an academic exercise, I decided to calculate when he would be eligible to seek restoration of his driving privileges. With the new convictions, he had accumulated 36 years of suspensions – one on top of the other.

The Judge noticed this as well – and asked him about it. The defendant stated simply that he had to work to pay his child support obligations and fines. The defendant had a job in the Scranton area making over $30 per hour and had a letter from his employer indicating that he wanted to keep him employed. When the Judge asked him about how he got to work without a license, he shrugged and said that he drove. He said that if he did not make money to pay for his child support and fines, he would go to jail. When pressed on why he did not move, he said that he did not have any money after paying his child support and all the fines and costs that he owed on his citations. As an aside, however, I noted that he did have money for beer!

The defendant went to jail – and I am not sure if he actually managed to keep his job so that he could continue paying his child support and other obligations. He had no hopes of ever getting a license again – and he was resigned to driving without a license – and paying his tickets when he was caught.

PennDOT does have limited licenses for some suspended drivers – but it is a difficult process. Those drivers who have licenses suspended for a DUI offenses have a very difficult time getting a limited license – and most of them are not eligible. As a result, as the reader noted, there are some folks who simply drive anyway – and they end up making matters a lot worse for themselves as the suspensions just keep on piling up.

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/.

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Last modified: 11/05/2012