The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-09-08

The indignation over the dastardly treat
ment Superintendent of Schools BOgart re-
ceived yesterday is undiminshed and the best
citizens Of the town are still engaged in con-
demning the affair in the severest terms. In
all quarters can be heard censure of the
strongest kind against the instigatOrs and
perpetrators of one of the most glaring acts
against personal liberty ever recorded in this
county and the effect Of the outrage is not
likely to wear off very soon.
At all the street corners, hotel lObbies and
almost every other public place crowds
gathered last night and to-day to discuss the
matter and Detective Tool and others en-
gagged in the outrage were condemned in un-
qualified terms for their action in the matter.
In these discussions the question as to
whether Superintendent BOgart could enter
bail here was freely discussed and at times
this brought out quotations of law which
left no doubt that the prosecuted mans rights
of liberty as a citizen have been shamefully
abused. In the first place the charge against
the Superintendent is that Of assault with in
tent to rape, and that is classified by the law
as a misdemeanor. Binn's Justice, page 217,
Section l, says "All prisoners shall be bail
al le by sufficient sureties, unless for capital
offences"
In addition to this the same work (page
2lS) says, ITO refuse or delay to bail any
person bailable is an otlense against the
liberty of the subject, in any magistrate, by
the common law" On page 5s1 of the same
work is found this law: And in case the
offence for which such offender shall be so
apprehended, shall be bailable in law by an
alderman or justice of the peace, and such
offender shall be willing and ready to give
bail for his appearance at the next
court of general Jail delivery or quarter
sessions, to be held in and for the
city and county where the offence was
committed such alderman, justice or justices
SHALL and may take such bail for his appear
ance, in the same manner as the alderman or
justice of the peace Of the proper city or
county might have done; 10 and such re-
cognisance and other proceeding shall be as
good and eifectual in law as if the same had
been entered into taken or acknowledged in
the proper county where the otIense was COM
mitted."
One of the best lawyers in the state was
consulted since the arrest was made and he
has stated positively, after inspecting the
warrant, that it is illegal and that Justice
Lawlor, who backed the warrant is also open
to prosecution by Superintendent Bogart.
Rumors of all kinds have been atloat since
yesterday to the effect that Jack Tool has
been arrested but they are based upon sup
position. That Superintendent Bogart will
have his day in court there is no doubt, but
his friends say that before he moves he will
prepare his cases so thoroughly that when
arrests are made they will not be so prone to
laugh as they were yesterday.
Many citizeps who stand high in the
community have come to the front with
liberal financial pledges in order that Super
intendent Bogart may not lack funds to either
defend himself or prosecute cases in court to
obtain justice and stamp out what they term
one of the most vicious conspiracies ever
perpetrated on any citizen of this county.