The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-11-26
A. W. Schalck, Esq, Says Our State
ment Was Correct.
BOGART DID NOT DELAY THE TRIAL
The Pottsville Attorney Emphatically Re
pudiates the Statements of the Persecu-
tors OF Professor Bogart-The Re
sponsibility for Delay Placed
Where 1t Belongs.

satonal journalism, we cannot allow the
misstatements that have been made by the
prosecutors of Prof Bogart as to the real
cause of the postponement of the trial at
Pittsburg last week go unchallenged and un-
contradictcd. For that reason we have Sc
cured not without much hesitancy on his
part, statement from A. W. Schalck, Esq,
of Pottsville, as to the true cause of the post
ponement. Mr.. Schalck was connected with
the case as one of the counsel, and his state
ment will not be questioned, even by the
Man -without-a-job or the long-haired foot
ball newspaper fake
The letter of Mr.. Schalcl is subject to but
one Interpretation, and sustains in every
detail the statements made by the HERALD
representative. If it were deemed necessary
the District Attorneys veIificaton of the
matter could be published. Mr.. Schack's
letter, however, is sufficient, and it is as
follows
PorTsvILLE, PA, Nov. %, 1896
EDITOR OF THE EVENING HERALD
1t is my rule not to become involved in news
paper controversies and especially 50 touching
cases in which / am professionally concerned.
But under all the circumstances feel that owe
it to Prof. Bogart and his friends to make the
first exception to this rule, and to comply with
your request, and to affirm in a general way the
correctness of the report in your ISSUE of No
vembar 10Th, as to the circumstances which led
to n continuance of the Professors last
Thursday at Pittsburg.
The case had been fixed for trial for Monday,
November 10TH but owing to other engagements
here felt unable to he there before Wednesday
or Thursday, and therefore had my colleagues
at Pttsburg ask for few days delay but the
District Attorney was ineXorable, and insisted
on leaving the case on Mondays list, with
peremptory orders that it would certainly be
called for trial at the opening of the court at $3.50
a. m. on Tuesday morning, November 18th, and
my colleagues telegraphed me accordingly on
Saturday. So had 10 leave home on Sunday,
travel through that night, reaching Pttsburg on
Monday morning, and spent Monday in consul
tation with my colleagues, and making the
| final preparations for the trial.
| On Tuesday morning. bright and early, all
! the counsel and all the witnesses for the defence
were on hand at the opening of the court, rea y
and anxious for the trial of the case.
We then learned that the District Attorney
had turned over to Mr. Marion the
private counsel employed by the Shenandoah
people who the prosecutors in this case, and
Mr. Marion, for reasons unknown to us, pre-
ferred not to take up and to try case, though
peremptorily set for trial the first thing that
morning, but called up and tried another case
af minor importance in which he was also in
terested for the prosecution, and this case con
| sumed that day.
In the meantime, my Pittsburg colleagues
had learned of certain matters which rendered
it advisable in their judgment to demand full
panel, as to make sure OF securing Il
thoroughly unpreiudieed and acceptable jury,
and thus securing fair trial for our client. II
the case had been called on Tuesday morning
as fixed we were prepared ard ready to go on
without having full panel Ia homicide trial
being then in progress but by Wednesday
morning my local colleagues had found it pru-
dent to demand full panel and yet, notwith-
standing their suspicious, in order to avoid
further delay. as our witnesses were getting
restless and anxious to get home (some of them
having come hundreds of miles, my colleagues
were willing, and offered later on in the day, on
Wednesday, to waive a full panel, and to go on
with the case but Mr.. Marion then declared
that he would not call the case before Thursday
because, as l understand, he had some other
engagements on Wednesday.
So we were again on hand on Thursday morn
ing with our witnesses but then Mr.. MARION
| STATED IN OPEN COURT THAT HE WAS ILL, AMI
| UNABLE TO GO ON WITH THE CASE; but Il frankly
admit he did say that, If the case was to go on,
he would go out and try to secure some other
counsel TO take his place Every Judge, and
| every lawyer, knows how difficult and unsatis-
counsel has prepared case, and has thus IA
miliarized himself with it, to call in another
| lawyer, wholly unfamiliar with the case and
| for him, alta moments notice, TO take charge OF
the case, especially of an important one sucl
as this The District Attorney himself had left
the preparation and the trial Of the case TO Mr.
Marion,
1t was then near noon ON Thursday, and nc
certainty when our case would be called and
| tried and, moreover, it was the well known
desire Of the court and of the District Attorney
to wind up their jury trials on the fonowii =
day. Under those circumstances it would not
have been just to the Professor charged will
one Of the most heinous of crimes known to the
law, to have the case called ON Thursday after
noon or Friday morning, at the risk of being
| railroaded through, to say nothing of the incon
venience of counsel and witnesses-so far away
from home-all Of whom had already beer
away from their business for days, to be kep
there, running into the following week, whcr
| all of us had expected and arranged our Affair
calculating to be home by Saturday.
Then the District Attorney, after consulting
the court decided to continue the case 20 the
next term; but Il must be distinctly understood
that such continuance was not at our instance.
trust this statement will be satisfactory to al
parties concerned. If not, can't help it; for
as remarked at the outstart of this letter, shal
have to decline further rcorrespondence-cven tt
please my friends on the other side of this case
whose version of this matter / have not ever
seen, and therefore do not know whether Il
agrees or dsagrees with my statement, | say
friends because my personal relations e
these gentlemen have always been friendly, and
| | have no personal fee..ng interest in thi'
natter and therefore want no controversy will
them. Yours truly
A. w. SCHALCK.
The above communication from one Of
schuylkill countys leading attorneys clearly
shows that the prosecutors of the Superinten
dent-the present incumbent we mean-are
not only practiciYg deception towards theii
own supporters, tut are total strangers to the