The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-03-22


the court room and handed up verdict
which was read by the court as follows:
"Verdict for the plaintiff for the full
amount claimed with interest up to
March 22nd, 1894, amounting in all to
Si6s, ,35.
J. H. Pomeroy, Esq, counsel for the
borough, at once gave notice that he
would apply for a new trial.
The suit in which this verdict was rem
dered was brought by the HERALD against
the borough of Shenandoah to recover
for advertising the special election held
in June, 1892, for the purpose of increas-
ing the borough Indebtedness to build the
public water works. The notices were
published 81 times in the EVENING HER
AID and 3 times in the WEEKLY HERALD
and the amount of the claim was made
at the rate of 10 cents per line for the first
insertion and cents per line for each
subsequent insertion, or a total of $435.SO
The Borough Council protested against
the bill and offered little over 5000 in
payment, which was refused. Quite re
Gently the Council offered $500 in gold in
full settlement of the claim and all costs.
but this offer was again refused, the terms
the HERALD held out for on a COMPROMISE
being S4OO and payment of all costs On
this basis the HERALD was willing to
waive over thirty dollars of principal
which it contended was justly due and all
interest. This it deemed was a sufficient
concession, as the claim was not for
damages, but for the actual value of
services rendered.
Finally, and at noon last Tuesday, the
case was called for trial S. G.. NJ. Hollo-
no a a of h,,,
been called away to another city on bus-
ness, at the last moment NJ. NJ. Burke
Esq, was asked to take charge of the case
for the HERALD and he did so with
excellent success.
j. H. Pomeroy, Esq, tried the case for
the borough and he made as an aggres-
sive battle as any he has made in his
life. His cross-eXaminations were sharp,
artful and prolonged and the attorneys
who heard his summing up said it was
| one of the most sarcastic addresses he has
ever made, and his reputation for sarcasm
| is well known.
Mr.. Burke, in his opening, stated how
and why the bill was contracted, that
there was no special agreement between
| the Borough Council and the HERALD as
| to rates, space, or position, and conse-
| quently the prices had been fixed by the
paper at the usual rates of ten and five
cents a line.
H. G, Boyer was the first witness for the
plaintiff and his testimony was substan-
| TALLY as foreshadowed by Mr.. Burke.
Mr.. Pomeroy conducted lengthy and
| severe cross examination and Mr.. Boyer
! was kept upon the stand all of Tuesday
afternoon and the best part of yesterday.
Editor Shumway, of the Pottsville
| Chronicle, was called for the plaintiff,
| but proved an Indifferent witness. He
| said he was not in n position to say
whether or not the HERALD charges were
eXorbitant
j. H. Zerbey, editor of the Poctsville
Republican, was also called as a witness
for the same side and he took advantage
of what he thought was an excellent
opportunity to vent spleen upon the
HERALD. In proportion TO what the HER
AID has asked for publishing the last
County Commissioners statement he
thought the claim in the suit was eXor-
bitant.
County Commissioners Chief Clerk
Phil. COnnell took the stand and testified
that in the absence of any special con-
tract his Office always paid 10 and cents
per line and in some papers paid 10 cents
per line for certain positions.
County Controller Severn swore that 10
and cents per line was the rate in the
absence of a special contract.
Carl Holderman, j. j. Price, Charles
Burchill, NJ. f.. Doyle and Christ. Schmidt
had been subpunaed by the defendant
DuU Une HERALD, at the last moment, con-
cluded to beard the lion in its den and
also subp9naed them. The HERALD
called them first
Mr.. Holderman swOre he always paid
the HERALD 10 and cents a line in the
absence of a special contract
Mr.. j. j. Price swore that he had a
special contract at one time for a certain
amount of space at a certain rate, but
there were times when he had other ad
yertising and paid 10 and cents line
for it,
Mr.. Charles Burchill swore that he had
an agreement with the HERALD for
certain amount of advertising at GER
tain price and Mr.. Christ. Schmidt gave
similar testimony The borough did not
call any of the witnesses as its own, but
contented itself with cross examination
that did not alter the testimony
Councilman A. b. Lamb was the first
witness called for the borough He testi-
fled that the Sunday News had received
but $50 for the publication of the same
notices published in the HERALD.
The fact that the publications had been
ordered and made, or the number of in
sertions, the borough did not dispute. 1t
only objected TO the price,
Councilman h. f. Gallagher testified
that after the publications sued for he