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Issue Home April 13, 2016 Site Home

100 Years Ago

Auburn Four Corners/Montrose – Albert Hughes, of Auburn Four Corners, was found “guilty of murder in the second degree” for the shooting death of his wife, Lil.  The sad tragedy took place last November. While the Commonwealth is trying to prove the deed was cold-blooded and premeditated, the defense asserts it was an accident.  An emotional Hughes insisted that the shooting was an accident but some witnesses told of arguing and supposed abuse.  The small children of the couple were in the room when the shooting took place. His eight year old daughter was called to the witness stand and as the little girl, pretty as a rose and as pure as a lily, with an innocent smile on her face, told of the incidents of the awful night, there were few dry eyes in the court room.

South New Milford – Many snow drifts all about here now and the roads are very bad—ruts over hub deep.  Roads were so bad Sunday that there was no meeting.  It takes two teams to haul a few cans over the pike.

South Gibson – The people of this place were sorry to hear of the serious illness of Mrs. James [Fuller] Hare.  She was taken ill while in Africa and was advised to return to Philadelphia, where her brother, Byron Fuller, resides.  Her many friends hope for her speedy recovery.

Montrose - A delightful Victrola concert was given in the store of W. C. Gamble, on Friday evening last.  The audience enjoyed a treat not only of fine selections but chocolate bon-bons as well.  Mr. Gamble is the Victrola representative in Montrose and vicinity. ALSO  Saturday was the opening day at D. L. Robinove’s store and the very inclement weather, one of the most disagreeable of days to be out of doors, did not keep the crowds away.  This fine store recently purchased by Mr. Robinove, and to which he had moved but a few days previous, made a most handsome appearance and delighted the visitors.  Nearly 300 customers were recorded during the day and each one was presented with a fragrant carnation.
Lawsville – The school at Stanfordville was closed last Friday.  The consolidation of the Lawsville and Stanfordville schools during the past term has proved a success, owing to the skillful and efficient management of Miss Mary Cosgriff, a teacher of considerable experience and ability.

Forest City – Harry Lumley who was born in this place and gained fame as an outfielder for a Brooklyn team and later played with the State League teams, is expected to take charge of the Johnstown team of the State League of professional baseball clubs.  Lumley was a player with the Montrose team in his “bush league” days.  ALSO Miss Louise Fullmer, of Swarthmore, Pa., representing the Chautauqua Association, has been in town for several days and has succeeded in securing the necessary number of guarantors to insure a three day Chautauqua here, to be held in September.

Ararat – Sixteen Forest City boys, whose ages ranged from 12 to 16 years, were arrested at this place on Saturday afternoon and taken to Carbondale where they were fined $17.50 each for train riding and trespass.

Harford – From all reports that we hear, it would seem that E. E. Jones will receive the Republican nomination for state senator by a handsome majority.  In asking that this office be given to a Susquehanna county man, the Republicans of this county are only asking their due.  And when they put forth a candidate of such acknowledged ability as Mr. Jones, with his record of achievement in the legislature during the past ten years, there can be no reasonable excuse why the voters in all three counties should not support him.  ALSO  Wilson Gow has moved in one of the Orphans’ school houses.

Bridgewater Twp. - Mr. and Mrs. Frank Stevens, of Giltedge, Montana, have been visiting at the home of their cousin, Jas. Webb.  Mr. Stevens, who is now in his 84th year, formerly resided on the farm once owned by Isaac Harris, on the Snake Creek road, since then he followed the sea as a whaler for a time and for the past fourteen years he has been a successful cattleman and rancher in the far West.

Springville – Herbert Fish recently sold his wool, of which he had about twelve tons, to Baltimore parties. ALSO  Nick Titman is having a bath room installed in his house and expects to furnish his home with electric lights from an engine in his cellar. ALSO  R. L. Avery wishes to sell his house and lot and also household goods including two automobiles.  They expect to move to Nichols, N. Y. to engage in the mercantile business about the middle of May.

Middletown – Miss Julia Golden closed a very successful term of school here on Friday last.

Howard Hill, Liberty Twp. – We are again enjoying winter time, snow having fallen Saturday and Sunday to the depth of 8 inches.

Great Bend – About 3 ½ miles from this place, on the Binghamton road, is a short stretch of road which is causing a great deal of trouble.  When the good roads were built, a strip each side of the Erie tracks was left a dirt road with the idea that when the Erie put in an over-head crossing, at this point, the road would be finished.  Many a load of goods have been stuck there and had to be left over night before they could be got out.  Wednesday night Earle Tingley had to leave a big load of goods all night and Tuesday, Newberry’s truck was stuck with a big load of goods and it was two days before they got out.  Why such a piece of road should be left in such a condition no one seems to know.

News Brief: The average price of potatoes on the farms in Pennsylvania, on March 1st, was $1.09 a bushel compared with a price of 58 cents a bushel a year ago.

TWO HUNDRED YEARS AGO – “Bless be the tie that binds   Their hearts in mutual love.” MARRIED, on the 14th inst. In the township of Springville, by Joshua W. Raynsford Esq.

Mr. Samuel Sutton, Jr. to Miss Betsey Tuttle, both of that place. 

ALSO TURNPIKE ROADS.  A bill passed the Legislature of this state at the last session appropriating 5000 dollars to aid in the completion of the Bidgewater and Wilkesbare Turnpike—and 1,500 dollars to the Clifford and Wilkesbarre Turnpike.  A bill also passed granting 2000 dollars towards the erection of an academy at Montrose, Susquehanna county. 

ALSO List of letters remaining in the Post Office at Bridgewater: Elias Bennet, Hannah Brownson, John Bullock, Jonah Brewster & Erastus Catlin, Benjamin Blakesley & Henry Park, Stephen Bently, Zopher Blakesley, Ambrose Clark, Putnam Catlin or the Secretary of the Milford & Owego Turnpike, Calvin Davison, Michal Dow 2, Horris Dimock, Jeremiah Ethridge, Joseph Edmonds, Zenas Fuller, Erastus Farman, Jacob Hester, Samyel Hodgdon, John Heywood, Sidney A. Knowlton, Charles Lincoln, Daniel Lamson, Francis Purkins, Samuel Palmetor, John Robinson & James Cook, Nehemiah Scott, Salmon Thomas, Stephen Tracy, Leman Turrell, Joseph Williams, Cyrus Whipple, Betsey Wood, John Wright, Edmund B. West, Daniel Yeomans, George Young.  ISAAC POST, P. M.

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Letter of the Law

Last week, we discussed the duty of care that a landowner owes to a trespasser on his or her property, namely, that a landowner cannot engage in any willful or wanton conduct that the landowner knows or should know would cause harm to the trespasser.  Last week’s column gave a good example of the type of conduct that could expose a landowner to liability – placing a wire across an ATV trail that the landowner knows trespassers used.  Because the landowner knows that the ATV trespassers will encounter the wire, coupled with the difficult visibility that such a wired gate would create, the landowner becomes potentially liable to the trespassing ATV motorist if he or she is injured by the wire.  In contrast, if the landowner had installed a large gate that was easily visible and with appropriate signage, the analysis would be different as the landowner demonstrated some concern not only for protecting his or her real property, but also providing the trespassing ATV motorist visible notice that the trail had been blocked.

With that standard in mind, let’s consider the question of what duty a landowner owes to a trespasser committing a burglary of an unoccupied structure locked and secured by the landowner.  In 1971, the Supreme Court of Iowa considered that very question in Katko v. Briney where the landowner (Briney) set up a 20-gauge shotgun in his uninhabited farmhouse – the shotgun was set up on a spring to fire a round upon the bedroom door being opened.  Briney admitted that he was frustrated with people breaking into his uninhabited farmhouse – and that when he first set it up the gun was aimed to shoot the intruder in the stomach.  At his wife’s suggestion, Briney lowered the gun to make the shot hit the legs of the intruder – not a vital part of the intruder’s body.  Briney also put tin up in the window to the bedroom so the intruders would not be able to see the gun before they entered the residence.

Katko was a local resident who believed that the house had been abandoned.  He broke into the house looking for old bottles or other antiques and was injured when the 20-gauge fired a round into his right leg just above the ankle.  Katko spent 40 days in the hospital – and ended up with a shortened leg and permanent deformity.  Katko sued Briney for damages resulting from his personal injury – and the jury awarded him $20,000 in actual damages and $10,000 in punitive damages (remember, these figures are 1971 dollars).

On appeal, the Iowa Supreme Court had to determine whether Briney was permitted to protect his uninhabited farmhouse with a spring gun.  In upholding the jury’s award, the Iowa Supreme Court noted that there was ample case law prohibited property owners from using spring guns or “mantraps.”  In this regard, the Court summarized the law: “The possessor of land may not arrange his premises intentionally so as to cause death or serious bodily harm to a trespasser. . . .  Moreover if the trespass threatens harm to property only – even a theft of property – the possessor would not be privileged to use deadly force, he may not arrange his premises so that force will be inflicted by mechanical means.  If he does, he will be liable even to a thief who is injured by such device.”

In other words, a property owner cannot intentionally create a mechanical trap on his or her property designed to wound, maim or kill a trespasser – or even a burglar – to protect his or her property.  The Iowa Supreme Court noted that not only is the property owner civilly liable, but cited to a collection of cases where the landowner was criminally prosecuted for homicide where the spring gun killed the intruder – even where the intruder was a thief.

These cases spring from the corollary of last week’s case – the idea that a landowner cannot willfully and wantonly engage in conduct that he or she knows will injure a trespasser.  A loaded spring gun set up in an uninhabited structure specifically designed to shoot a trespasser (burglar) would plainly demonstrate “willful and wanton” conduct whose sole purpose would be to cause injury to the trespasser.

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HowToTakePills©

Should you buy condoms for your teenage son?

Mrs. O’Connor was a very shy person. She was pleasant. But it came as a surprise to the pharmacist when she asked him “Where are the condoms and do you have them in a boy’s size?” The pharmacist thought that was odd and gently pressed her for more information. “It’s for my son,” she said. “He’s 17 and he’s getting involved with a classmate. I have no idea whether or not she is on birth control.”

Two things here: First, condoms come in different sizes but it’s not based on age but on heredity. Second, oral contraceptives do not protect anyone from acquiring a sexually transmitted disease (STD). In this day and age, it is shocking when people are against birth control and safe sex education for teenagers. The most important factor you need to keep in mind when it comes to the prospect of buying condoms for your teenage son is making certain that you have kept the lines of communication open with your child.  Ultimately, open lines of communication with your son (or daughter for that matter) are crucial when it comes to variety of issues, including those related to sex and sexuality. 

Age is also a key consideration when it comes to your son, sex and condoms.  The reality is that a boy in his early teens really should be encouraged not to engage in sexual activities.  However, as your son gets up into his high school years, in this 21st century, it really may be unreasonable to expect that your child will not be engaging in sexual activity.  Indeed, the vast majority of teenage boys who have entered high school have sex of some sort.

Says the CDC, consistent and correct use of male latex condoms can reduce (though not eliminate) the risk of STD transmission. To achieve the maximum protective effect, condoms must be used both consistently and correctly. Inconsistent use can lead to STD acquisition because transmission can occur with a single act of intercourse with an infected partner. Similarly, if condoms are not used correctly, the protective effect may be diminished even when they are used consistently. The most reliable ways to avoid transmission of STDs, including human immunodeficiency virus (HIV), are to abstain from sexual activity or to be in a long-term mutually monogamous relationship with an uninfected partner. However, many infected persons may be unaware of their infections because STDs are often asymptomatic or unrecognized.

Mrs. O’Connor asked the pharmacist, “Once I buy them, how do I give them to him?” Typically the boy would have a heart-to-heart private talk with his dad behind closed doors. If there is no dad around, it would be the mother’s duty to have this conversation with him – in a calm, non-confrontational way. It may be difficult to imagine your child having sex but it is normal like potty training or going to school. Mrs. O’Connor did buy a box of condoms for her son, but she said she needed to find the right time and place to talk with him. And she will enlist her husband to have “the talk” with him.

According to the CDC, almost 50% of high school students report having had sexual intercourse. Almost 40% did not use a condom the last time they had sex. In the face of those statistics, would you buy condoms for your teenager? I hope so.

Ron Gasbarro, PharmD is a registered pharmacist, medical writer, and principal at Rx-Press.com. Write him with any ideas or comments at ron@rx-press.com.

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Looking Back

Chapter 5 – The Bridge Is Finished, Need Churches And Schools.

The Viaduct was completed in the late Fall of 1848, 1200 feet long, 110 feet high and (originally) had 18 arches; one was filled in during the Civil War and I am not sure which end of the bridge has the buried arch.

For his success, James Kirkwood, the architect and designer of the bridge would be rewarded a promotion by the Lake Erie and Western Railroad. (I have been calling it the Erie Railroad for simplicity sake, but at that time it was Lake Erie and Western).

Lots of crowds gathered and watched the workers finish off the bridge, and the local towns were growing fast now.

Amazingly, at the time the average weight of a train engine was between 10 and 15 tons. Over the years they would weight up to 400 tons and the bridge held up well. The engineers had to have the foresight to anticipate this increase in train sizes and loads.

Tearing down the falsework used to build the viaduct was the next task at hand; the railroad was that a fire might start and ruin the $320,000 bridge. A fellow, named Purdy was given the task of taking it down fast around late November and early December, winter storms were hitting already and it was a difficult task. The lumber surely was given away and used for nearby homes, churches and schools.

There is no recorded history of any fatalities while building the bridge, however there is a reported injury dismantling the falsework, as a man fell and later died.

Many people are unaware that the arches are not solid, but hollow. The piers extend up into the space between the arches and three brick walls, each a foot thick reach from the extensions of the piers to the arches, parallel to the outside walls. At the risk of getting too technical, each arch has 4 rooms, or a total of 136 rooms. The walls that form the rooms are of brick, laid solid, one foot thick. The more weight the more efficient it becomes, kind of like an accordion squeezing in and out.

Soon after the completion of the bridge there was great wonder about whether the bridge would hold up with a train going over it. There was such worry that the first train, called the “Orange” went across on its own. So sure that it would cave in, the train engineers didn’t even follow the first train on foot, they just opened it up on a very slow speed and watched it go across on its own. When the first engineer finally did dare to go across, he shook everyone’s hand and said his goodbye’s to his friends and relatives. Can one imagine the total tonnage that has since gone over the bridge, after 168 years with only one major repair in 1960. My grandfather, George Burdick Sr. was in charge of the rail gang up on top.

Surprisingly, it would take another 3 years to complete the line from NYC to the Buffalo area. The train “Orange” more than likely came up through Scranton and over to Great Bend and then onto Susquehanna, the line between Binghamton and Susquehanna was completed very soon after the viaduct was completed.

The first school goes back to 1813 and was built along the Starrucca Creek, just upstream from the Viaduct. Another early school was in Oakland, on Prospect Street, built in 1830. The early settlers had the foresight to understand the importance of an education, even in those early years. The first school in Susquehanna was called the Pine Tree School, on Prospect Street, about 1850 and later moved to Washington and Second Ave. A grade school was built in 1855 at the corner of Grand Street and Jackson Ave, currently the site of Hennessey’s parking lot for the funeral home. We will get into other schools and churches in a later edition.


From 1874, the Lanesboro School had a nice view of the viaduct for the students but was probably a nuisance to the teachers. The train noise was almost continuous at this time in history.  The school was located (roughly) where Rotocast is presently.


Laurel Hill Academy - about 1860. At the time it was just open for girls and stayed that way into the early 1900's. It was located at the site of the present day Barnes-Kasson Hospital. As you drive in (to the hospital) it would have been to your right, not far up Turnpike Street.


Susquehanna in 1867-Notice St. John’s was a different building facing the other way with steps going up the bank. Also, you can see the corner of the 1 penny toll bridge on the far right.

The first churches were the Catholic Church in Lanesboro in 1847, at the site of the present day Lanesboro Community Hall. The Methodist Church also moved into Lanesboro in 1852. Soon the Baptists built a church in Lanesboro in 1856. It would not take long to figure out they either had to move or build new Churches in Susquehanna Depot, as that is where the main population was starting to dwell. Much more on churches and schools as we move forward.

Next Chapter - Civil War Pow’s And New Train Station.

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While America Slept

You were born to die; well, in a matter of speaking, that is.  Each person--so far as we know--will achieve a pre-determined outcome common to all. How’s that for fans of equality!  But of course we all know that it is what happens between the common events of birth and death which defines our individual lives. Each person is here for a purpose, a mission, a reason for which he or she was created. Those of you who are busy carrying out your mission know of what I speak and have no need that further mention be made. Those still floundering in search of their mission will find it only after a diligent and earnest search.

In this context a question naturally arises when one considers, “Why does ‘the State’ exist?” (For the purposes of this column my use of “State” refers to the federal government as it currently operates.) Many people, I think, never seriously question government’s mission, much less demand that the State justify not only its behavior but its very existence, especially in its current deformed condition.

An automatic prejudice befalls any questioning person since the State is institutionally legitimized simply by its existence. People, by nature, are disinclined to think needlessly. Thinking is mental labor; labor most have and will gladly dispense with at every opportunity. Nevertheless, let us investigate the circumstances of how our Federal Government came into being and how it came to be so deformed in its late stage of life.

The State--our Federal Government--was created by the individual (13) states to secure our Natural Rights: among them Life, Liberty, and the Pursuit of Happiness. Natural Rights, our Forefathers acknowledged, were inalienable, i.e., endowed upon man by our Creator, in the Declaration of Independence. Acknowledging these Rights as inalienable was done so purposely. It was the primary and essential argument thrust forth to justify the severing of political ties between the colonies and the British Empire.

In the Declaration of Independence Thomas Jefferson laid out the argument that King George III had stepped out of the bounds of legitimacy. George III had usurped from “We the People” the inalienable rights freely bestowed upon us by our Creator. By his repeated usurpations of authority George III had degenerated from Sovereign to Tyrant. His long train of despotic acts and refusal to hear any petitions for redress of grievances evidenced that he believed himself unaccountable to God, and hence he became unworthy of a free people’s fidelity. 

It is in that light that the U.S. Constitution, drafted some 11 years later, must be seen. The Constitution provided for separations of power, and divisions of government, as well as detailed enumerated powers, and powers reserved to the states and to “We the People.” The Constitution’s Framers were well aware of how mightily power tended to corrupt, even absolutely corrupting if left unchecked. That is why dispersion of power is a feature, not a bug, of our beloved Constitution.

Still, the checks and balances within the Constitution’s seven Articles were, by many, thought totally insufficient to check the naturally reproducing growth and tyranny of centralized government. To further protect “We the People” 12 amendments were proposed, 10 of which were ratified and attached to the Constitution to protect individual rights from encroachment by a centralized state certain to one day seek power beyond its proper and limited function.

Now it’s not commonly recognized, but here’s what those three basic documents--the Declaration, the Constitution, and the Bill of Rights--did: they outlawed Socialism in America forever. What the Founders and Framers did was recognize man’s propensity to self-destructiveness by substituting for Omnipotent God an Omnipotent State. Even before the time of Plato, men had a natural tendency to seek to dominate and control others; Plato merely made a detailed study of it and endorsed it in his seminal book, “The Republic.”

America’s foundation was this uncompromising principle: Man’s rights proceed from our Creator. The Natural Rights of Man are not something negotiable; any government antithetical to this thesis is no government which of a right is fit to govern any men. The Constitution guarantees to each individual state a republican form of government. To each individual American is guaranteed that the federal government shall make no laws abridging freedom of speech, of the press, of peaceful assembly, of petitioning for redress of grievances, or establishing one religion in preference to all others. It goes on to guarantee that individuals shall be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, and defines the rightful use of warrants when issued and used to seize property. And so that each individual may truly be secure the right to keep and bear arms is guaranteed. The Second Amendment protects the right of self-defense and the means to prevent extra-constitutional attempts to change government outside of the lawful electoral process.

Our Founders and Framers endorsed and instituted the most moral form of government ever devised by man. What the American system did was to offer mankind the most powerful defense of liberty--civil rights, property rights, and the opportunity to succeed or fail--with the least possible interference by the State. It was this formula that found fertile ground for Adam Smith’s ideas, embodied in “The Theory of Moral Sentiments” (1759) and “The Wealth of Nations” (1776), to fuel free-market capitalism as the economic system around which society could organize itself. The voluntary exchange of goods and services between and among free and independent individuals is, without exception, THE system proven to provide the greatest prosperity and wealth for the greatest number of people in all of human history.

One would think that anyone espousing and practicing free-market capitalism would be lauded a hero for relieving the vast poverty and economic inequality we see all around us. For, the capitalist operating on the basis of self-interest can profit only by serving others who wish to make use of his goods or services, thereby improving the condition of both buyer and seller. Alas, Capitalism is not lauded. Socialism is today lauded on college campuses. Vast numbers of young people turn out to cheer political candidates who promise  them guaranteed healthcare, free college education, government housing, free food, and a host of other giveaways too numerous to mention. How the Predator and Parasite classes hail their messiahs--our present “Dear Leader” and all those who would follow in his steps! 

What has become of a once free and independent people who claimed as their birthright only the opportunity to succeed or fail on their own without interference from those who would claim to be their Masters or their Nannies? An infection, a virus--much like cancer--has nearly claimed our beloved America. Our federal government--the State--claims unlimited powers. It is headed by a Mastermind--Barack Obama--who insists that he has power to make laws (Executive Actions, Orders, and Memoranda), conclude deals (treaties), and make war (think Libya & Syria) without acting constitutionally in concert with the Legislative Branch. The Mastermind claims that if Congress does not act, or does not act in accordance with his wishes, he has a pen and a phone and will act to do what is right in his own eyes.

We have a Legislative Branch which has vastly atrophied and transferred what little is left of its authority to the Executive Branch, to the Judicial Branch, to regulatory agencies, and to supra-national organizations antithetical to the liberties guaranteed to American citizenry.

The Federal Judicial Branch has lost its way. Instead of upholding constitutional law and scrupulously defending individuals from the federal government’s lust for power, it has upheld such abominations as civil asset forfeiture, regulatory codes which presume guilt rather than innocence, limitations on citizens’ right to bear arms, and eminent domain seizures of private property for the benefit of one at the expense of another.

The corruptions thus described in all three branches of the federal government are merely symptoms of the advanced cancer that now lays our country prostrate. That cancer is Socialism. What is Socialism? Its formal definition may be that it is an economic system in which the government owns the means of production, but it includes so much more. Socialism claims to provide “the greatest good for the greatest number;” to provide a “fairer” distribution of goods; to make possible the mantra “from each according to his abilities to each according to his needs.”

Our Constitution, were it followed with even a moderate semblance of fidelity, would still continue to outlaw Socialism. But when generations several times removed from the Founders and Framers, forgot their heritage and grew covetous of others who had more than themselves, they applied a POLITICAL solution to gain their end. That solution was Socialism, for Socialism at its very heart is a system in which all economic activity is governed by political decisions. Socialism’s transactions occur when “A” and “B” combine to decide what “C” will do for “D,” and as “A” and “B” make this decision a portion of “C’s” wealth is skimmed for the pockets of “A”  and “B” while whatever is left goes to “D.” This is exactly how Socialism works in every place where it takes power, and it explains why Socialism fails every time it is tried. What keeps Socialism in power is that at some point collective corruption sets in, a tipping point is reached, and a majority are motivated to move from the “C” class (productive) to the “D” class (parasitic). (The predators make it their business to move from the “C” or “D” class to the “A” or “B” class.)

That America has not already collapsed is a testament to the magnificence of Capitalism. True Capitalism received a deadly blow in 1913 when the Federal Reserve and Federal Income Tax were created to destroy it. By 1971 when President Nixon defaulted on America’s debts to foreign nations America was suffering under wage and price controls, and Capitalism gasped its dying breath. Only the wave of technological innovations riding on the ever-slowing momentum of Capitalism’s former achievements have kept America and the world afloat.  

Our America was born through the terrible price paid by patriots who loved liberty more than life. Will our generation see America’s death because her people valued comfort and ease, only to be delivered into tyranny and enslavement? Socialism is not the solution; it is the cancer killing productivity, morality, thrift, virtue, and the American way of life. The hour is late, the oil is low, and freedom’s flame flickers. Wake up America!

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