State v. Vankirk

Complaint before a justice of the’ peace, by Zehner against Vankirk, for surety of the peace. The justice found that Zehner had just cause to entertain the fears expressed in his affidavit against the defendant, who thereupon entered into a recognizance, as required by the statute, for his appearance at the next term of the Court of Common Pleas, to answer said complaint. In the latter court, the issue was submitted to a jury for trial. The jury, faillng to agree on a verdict, were, in the absence of the prosecuting witness and his counsel, discharged by the court from the further…