Mr. Neusch is a fruit-raiser. On Sunday, June 21, 1885, he was gathering early peaches which were over-ripe, and were in danger of spoiling. He was half a mile from any public road, and some distance from any place of public worship, and not in sight of either. The orchard was on the top of a mountain, and Mr. Neusch was not seen by any one except a brother and a Mr. Hudspeth. Mr. Hudspeth was with Mr. Neusch about one hour. He went to see him in behalf of a young man who had been working for him, and who, with others, had been caught stealing peaches from Mr. Neusch’s orchard on the preceding Sunday. Mr. Hudspeth offered Mr. Neusch pay for the peaches, if he would not report the young man. Mr. Neusch both refused to accept the money, and promised to say nothing about the offense, on condition that it should not be repeated. CGRAS 123.5
February, 1886, Mr. Neusch was indicted for this offense of working on Sunday, as related. Neusch, having been advised that there was most probably an indictment filed against him, went to the county clerk and made inquiry in regard to the matter. The clerk handed him a writ for his arrest, and Neusch took it to the sheriff, and gave bond for his appearance at Court. In August, his case was laid over to await the decision of the Supreme Court in the Scoles case. As soon as that decision had been rendered, Neusch went and confessed judgment, and paid the fine and costs, amounting to $25. Mr. Neusch was an observer of the seventh day. CGRAS 124.1