The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-12-29
MUST STAND
FOR A TRIAL.
An Important Ruling in the County
Commissioners Case.
SEVERAL COUNTS ARE QUAOHED
But judge Bechtel Sustained the Greater
Number of the Counts in the ndiot-
ment as to Both Former and
Present County Com
missioners.

At the Pottsville court yesterday Judge
Bechtel handed down an important opinion
in which he passed upon the motion to quash
the indictments in the cases of the Common
wealth. through the Taxpayers Association
against Frank Rentz John p Martin and
Charles Meyers, constituting the present
Board of County Commissioners, and Charles
F. Allen, Frank Rentz and John p, Martin
who constituted the Board of County Com
missioners that preceded the present board
Under the decision rendered the accused
must stand trial, although some of the
counts in the indictment are stricken out
Their trial will probably follow on the heels
of that of County Controller Severn, who is
similarly indicted.
of the % counts in the Indictment against
the present Board of Commissioners the court
quashes three and gives the following rea-
sons for the direction Count No. does not
properly charge the offense attempted to be
therein set forth, 1t does not contain either
day, month or year, nor is there any blank
left for the insertion of either. Counts 10 and
| 10, on page ID, 10, 16 and II, are drawn un-
der the Act of 1889, P. L. page 420. The 18th
section of this Act defines and Furnishes the
public officials for amy wilfull failure to
carry out the duties imposed upon them" by
1
drawn under this section, OF at least not sufi-
GENTLY charged under its provisions but ap-
pear to be drawn for the purpose of charging
misdemeanor at common law. They are not,
therefore, sufficient for the defendants may
not be called upon to answer fora common
law and statutory misdemeanor for one and
the same act. And now, December 2Sth,
4 1897, Z" says the court, the '4th, 10Th and 10th
counts are hereby quashed, and as to all
others, some nineteen in number, the motion
is overruled."
! As to the counts against the old board of
Commissioners the court rules The second
count indicts the defendants for making a
number of contracts &C., without naming
the individuals or parties with whom they
were made The count lacks precision and
certainty. The error is that the defendants
are not charged with one specific act or Of
fence, but with number of acts, each con-
stituting distinct ofiense, which is too gen
eral. The special manner of the fact should
appear that the defendants may precisely
know with what they are charged, and that
they may be able to plead the very fact OF
which they are to be acquitted or convicted,
to second indictment for the same offense.
The 7th and 9th counts are attempts to
combine preceding counts into one and is bad
for duplicity.
The twentieth count AYERS that the de-
PENDANTS did 'wilfully unlawfully and cor
ruptly draw sundry orders or warrants upon
the county treasury, for the payment OF
sundry, illegal bills, claims and demands.
What is said above regarding the second and
ninth counts applies to the twentieth count
1t is not specific or certain.
The twenty ninth count AYERS several in.
dependent unlawful acts, and is bad for du.
plicity.
The thirty-sixth and thirty-seventh counts
which charge the defendants with neglecting
and disregarding their duties in certain re
spects under the Act Of 1889, are defective in
that they do not charge 'willful failure ior
the part of the defendants respecting the
provisions disregarded.
The 39th count which AYERS that the de-
PENDANTS illegally and fraudulently awarded
contracts to sundry persons for work to be
done in and about the building Of new
bridges the repairs on sundry bridges" &C.
is bad for want of certainty. 1t is on foot
ing with the 2nd, 9th and goth counts.
And now, Dec. 2sth, 1897, in accordance
with the foregoing opinion, the I'd, 7th, 9th
goth, 29th, 36th, 37th and Both counts ar,
hereby quashed, and as to all the remaining
/ counts, the motion to quash is denied by tn,
court.
1t is an acknowledged fact that Holder
mans Jewelry Store, No. 81 North Main st.
surpasses all others in the county. 12-14-tf