The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-11-20
SUPT. BOGART WAS READY.
True Story of the Pittsburg Case Post
pOnement.
THE PROSECUTION NURSED DELAY.
The Superintendent and His Lawyers Per
sistently Urged the Case on and at the
Eleventh Hour the Prosecutions
Private Counsel PLEADED Illness.

L
Board, arrived home from Pittsburg this
morning at Ola. The other members of their
party will arrive here this evening, probably
1t o O'Clock, having stopped over at Bradford
md Johnstown on their way home. Messrs.
Toole, Hanna, Reilly, Higgins and Smith
will probably reach home tomorrow. They
left Pittsburg last night for Philadelphia and
will witness the foot ball game there to-
between the Pennsylvania and
Hartford teams.
The friends of Prof Bogart, afterpersistent
efforts to bring the case to trial, were greatly
disappointed yesterday morning when the
was made in open court at
Pittsburg that the case would be carried over
until the mex. term of court, which convenes
next month and remains in session probably
until February. There has been no definite
time fixed, but the District Attorney Will
probably set day when the case is to be
called after consultation with the counsel ON
both sides. 1t is not likely to be called, how
ever before the first or second week in
January.
1t might be well to make a correction here
that appeared in the dispatch received by the
HERALD yesterday, wherein it was stated
that the case was postponed because of the
illness of the Judge. The error was made
in transmission in the telegraph office
at Pittsburg, and instead Of the Judge
being sick, it was the attorney for the prose-
cution, and for that reason, and that alone,
was the case postponed, all reports to the
contrary notwithstanding. Every statement
made in reference to the trial can be fully
substantiated. 1t was not found necessary to
pervert the facts, and no attempt was made
ts do so.
The reasons for the postponement of the
trial were truthfully stated in the dispatch
published last night with the correction
above noted. The ''doctored" dispatch pub
lished in the Coal street sheet is only in line
with the course pursued by the enemies of
Prof. Bogart through all the stages of this
unfortunate and totally uncalled for persecu-
ton. The truth has been perverted to gain
the desired end, but up to the present time un-
successfully so. The publication of the dispatch
in question is only additional evidence of the
kind of warfare that has been made against
the Superintendent
The true facts of the postponement can be
briefly stated as follows The case was set
for Tuesday morning, at which time the Dis
trict Attorney assured the counsel for the
defense that it would be the first called that
morning. Instead, however, it was carried
over until Wednesday afternoon without any
definite time for the trial being given not
withstanding the persistent efforts of the
counsel for Prof Bogart in urging the COM
monwealth to bring the case to trial.
Wednesday afternoon District Attorney
Haymaker informed the counsel on both
sides that the case would positively be called
Thursday morning, and that a full panel
would be given from which to select the
jury. This announcement was received with
much satisfaction by Prof Bogart and his
friends, and they appeared at court next
morning promptly on time ready and anxious
for trial. This statement is made in con.
tradiction to the 'doctored" dispatch pub
lished to the effect that Bogart resorted tC
technicalities and did not want the trial tC
proceed The dispatch in question contains
not one truthful statement outside of the
single announcement that the case was post
poned The Coal street sheet, as is customary,
has clearly deceived its readers.
On Tuesday Lawyer Hunter, in behalf OF
the defense, made demand for full panel
for reasons no doubt well known to the other
side. Wednesday afternoon the District
Attorney made the announcement that the
ease would be called Thursday morning, and
full panel would be ready. This was salts
factory to the defense, but subsequent event:
showed it was not agreeable to the other side
who clearly showed the white feather on
/ Thursday morning when their lawyer, John
Marion, ESQ., stated in open court that he wa.
sick and could not go on with the case at tha
time and did not know when he would bC
able to proceed, He also stated that if tn,
court insisted upon the trial proceeding he
would endeavor to procure another attorney
to take his place. Those familiar with lega
practices know well what that means and th,
District Attorney, ia view of the statement o
the private counsel for the prosecution an
nounced that the case would go over unit
the next term OF court
To further refute the statements of tn,
Coal street sheet that the delay was occa
stoned by the friends of Prof. Bogart, il
might be stated that counsel for the latter in
formed the District Attorney on Wednesday
afternoon that his client would wave al
rights rs to full panel and would be willing
to go to trial at once, with or without full
panel This was done in order to occasion NJ
further delay, A. w. SchalcS, Esq, counse
for the defense, will substantiate the state
ments herein made.
1t is plain to be seen that the parties hav
ing direct charge of the prosecution are de
ceiving their friends as to the status of the
case, This is made plain by the dispatches
sent here, which could not possibly have
been done for any other motive Those wh'