SMETHPORT – “The wheels of justice grind slow but fine,” said
Judge John Yoder Thursday in McKean County Court, as Sheriff Brad
Mason brought forward a man arrested on a bench warrant that had
been issued more than 23 years ago.

Merle Hulbert Jr. of King Street, Eldred, was arrested by Foster
Township Police on an outstanding bench warrant, Yoder said,
smiling. The warrant, for Hulbert’s failing to appear at a court
hearing, was issued Oct. 25, 1983, by Judge Richard Brandow – who
has since died.

“When this warrant was issued, Ronald Reagan was president … and
the assistant district attorney (Scott Klein) was probably in
kindergarten,” Yoder said, laughing softly. Klein later amended
that, saying he was in fact 4-years-old at the time.

In 1983, Hulbert had apparently been arrested in Foster Township
by then-police officer Charles Gould, who is now a constable, on a
charge of driving while intoxicated. Hulbert was represented by
attorney Bill Kubiak, who has also died since Hulbert was in court
last.

Yoder asked Hulbert why the warrant had been outstanding for so
long, to which Hulbert said he had no idea the case was still
open.

“I thought my lawyer had taken care of it,” he said, shaking his
head. He asked why he was arrested now, as he has been stopped once
or twice in the past 23 years by police with nary a mention of a
warrant for his arrest.

No one really had an answer for him, as most members of the
sheriff’s staff and court personnel seemed amazed at the entire
ordeal rather than worried about his years at large.

“Where have you been living all this time?” Yoder asked.

“In Eldred,” Hulbert said emphatically, beginning to smile.

“I’m going to vacate the bench warrant,” Yoder said. Turning to
Court Administrator Joanne Bly, Yoder said, “Schedule him for a
last day to plea.”

Addressing Klein, Yoder said with a smile, “The Commonwealth
better hope their witness has a good memory.”