The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-05-24
WAVERLY SCHOOL Case
Called Up in Equity Court on Final
Hearing.
MANY WITNESSES EXAMINED
Arguments Made by Attorneys A. A. Vos.
burg and ii. NJ. Hannah-p Plaintiffs
Arguments viii DC Heard Today.
Franklin Avenue Case Heard.


Before Judge Edwards in equity court
yesterday morning the injunction pro-
ceedings of George II. Stevenson against
Professor Il. C. Hanyon, principal of the
Waverly graded school, and n. c.
Mackey j. l.. Stone, Lester Stone and
John Hall, members of the Waverly
school board. came up for final hear
ing The court is asked by the plaintiff
to prevent the reading of the Bible and
the holding of what he believes to be
sectarian religious exercises prior to
the opening of school each day.
The case has aroused great interest,
and there was a large delegation of
Waverly men and women in the court
room all day who listened with great
interest to the proceedings and the ar.
guments of the array of legal talent.
Attorneys Hulslander and Nosburg, II.
NJ. Hannah and A. ID. Dean represent
the defendants, and Attorney Il. C.
Newcomb and Attorney John p. Kelly
the plaintiffs. After the case had been
opened the plaintiff, Mir. Stephenson,
was called to the stand and gave his
testimony.
Cause of the Trouble.
He said that on March / he visited
the Waverly graded school and was
present during the opening exercises.
There are three rooms in the building
but the pupils of all met in Professor
Hanyon's room for the morning ex-
ercises. On the day he was present the
scholars n tt-bi
ten on slips of paper. the first line of
which was, 1--WE shall never say good
bye in Heaven" A reading from the
King James version of the Bible fol-
lowed, and then the thirty-second
Psalm was read in responsive way.
Next hymn was sung from the
Happy Hours song book, after which
the first Psalm was repeated by the
teachers and pupils in concert.
John c. Mahoney. II years of age,
pupil of the school, was the second wit
ness, and testified that the order of
opening exercises We're usually as testi-
fled to by Mr.. Stephenson. They fre-
quently were requested to sing, I'VE
Shall Never Say Goodbye in Heaven
and bringing in the Sheaves." Last
December Rev. Mr.. Thomas visited the
school and at the request of Professor
Hanyon made an address, He spoke
on religion and asked those who were
followers Of Jesus to hold UP their
hands Those who failed to co so were
urged to reform at the earliest moment
possible.
Mahoncys Made Complaints.
Rev. Mr.. Broe also visited the school
and addressed the pupils by request of
Professor Hanyon. He spoke on the
necessity of knowing that the future
lives of the pupils depends on their edu-
cation. Witness and his parents OBJ
jected to the form of worship indulged
in at the school and lodged a complaint
with Mr.. Stephenson. On cross-exami-
nation Mr.. Mahoney said that it was
the custom of Professor Hanyon to in
vite all visitors to address the school
On one occasion Father Drlscoll called
and was asked to speak. He said he
did not want to urge his convictions on
the pupils, but would like to tell them
the meaning of the cross.
Andrew Mahoney, father of the pre-
vious witness, said that himself and
wife objected to the exercises in the
school because they did not think that
the proper place to impart religious in
struction. Rev. d. n. Vail is an old
school Baptist parson and member of
the school board. He declared that he
was opposed to the religious exercises
and after he heard of the visit of GER
tain clergymen to the school, he drew
up a resolution and presented it to the
board, forbidding any person to ad-
dress the pupils on religion or politics.
Misses Sadie and Sophia Mahoney
enumerated the songs sung in opening
the school and the general character of
theexercises. Miss Cora Relph, one of
the teachers in the building, gave testi-
mony as to the exercises complained of
and the plaintiff rested.
Versions Were the Same.
Professor f. c. Hanyon was the first
witness called for the defense. and testi-
fled as to the nature of the opening
exercises at his school. His story was
the same as that related
by the witnesses for the plaintiff
Rev. A. b. Broe was recalled to the
stand and examined the Happy
Hours" hymn book. 1t was contended
that this is a Methodist hymnal, but
Mr. Broe, after his examination, said
that it did not contain one selection
found in the Methodist hymn
books. That closed the testimony, and
Attorneys A. A. Vosburg and ii. M. |
Hannah made the closing arguments for
the defense. They said that the King
James version of the Bible had been
read in the public schools of this state
ever since they We're first founded; that
such reading was not sectarian teach
ing by any means, as the Bible is the
of all Christianity, and far
from the taint of sectarianlsm.
Mr.. Hannah had not concluded his ar
gument when court adjourned and will
resume this morning. He will be fol- |
lowed by Mr.. Newcomb. who will pre-
sent the arguments of the plaintiff.
Franklin Avenue Injunction.
Before Judge Gunster in chambers
was heard on the injunction
asked for to restain the Peoples Street
Railway company from laying track
on Franklin avenue alongside of the
track Of the Suburban company.
Attorneys Horace E. Hand and ].
Alton Davis, who represented the Peo-
pies company, offered in evidence AN
ordinance allowing the track of the
Suburban company on Franklin avenue
to be moved to one side to admit of the
laying Of track by the defendant
Attorney l. II. Burns, who
represents the property owners Of the
avenue, objected to the ordinance on the
ground that the title Is not in harmony
with the body of the ordinance.
Mr.. Burns also produced decision
of the supreme court which prohibits
two companies from laying tracks on
the same street Court took the papers
In itr i,i. lnIa