The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-11-24
THE TRIAL.
ON.
The West MahanOy Case Still Attracts
Attention.
PROSECUTION APPARENTLY WEAK.
AFull and Detailed Report Of the Doings
of the West Mahanoy Township School
Board-The Campaign Fund
the Topic.
PROSECUTION APPARENTLY WEAK.

Directors now pending here the accused
would be favorites at long odds. The opinion
of many disinterested parties who have
given the proceedings attention is that with
all the vast accumulation of rather interest
ing testimony the Commonwealth has a very
weak case, and several lawyers have eX-
pressed the opinion that they would not be
surprised to see a collapse of the trial before
the defense gets down to work. As to the
institute orders and the campaign fund the
prosecution has not shown by n single wit
ness that the accused directors received the
orders from the teachers, or that they in
augurated, or had any knowledge of the
campaign fund. Every principal and school
teacher thus far examined has most frankly
admitted that he or she turned the institute
orders into such a fund, but has at the same
time positively asserted that they did so
without any solicitation upon the part of
any school director, and that no director has
ever spoken to them about the matter. One
feature about the trial is that not one Of the
teachers thus far examined has evinced a
disposition to help the prosecution and
Messrs. Whalen, Wilhelm and Kaercher
have been in the enemy's camp throughout
the trial. But, of course, with this the jury
has nothing to do. 1t is only the evidence
before them they are to pass upon and unless
the enemy's camp is productive Of more sub
stantial matter than it has been up to date
there will be very little danger for the
enemy. 1t will be remembered that when
Judge Bechtel on Monday required Principal
Gallagher to tell about the campaign fund he
made the ruling with the understanding that
he would expect the Commonwealth to show
that the school directors, while ostensibly
issuing the orders in payment of institute
service, really issued them with the knowl-
edge or expectation that the orders would
come back to their own use as a campaign
fund, or otherwise. And he distinctly stated
that if the Commonwealth failed to make
this connection the evidence would be
stricken from the record. 1t is perfectly
clear that, with all that has been testified to
about institute orders and campaign funds,
this connecting link is still missing. If it is
not furnished and Judge Bechteps declara.
ton is fulfilled there will be such a vacuum
in the record that-well, it is not difficult to
imagine how much evidence will be left fol
the jury TO ponder over. 1t is this view OF
the case that causes n strong impression that
there may be a sudden termination of Che
case when the Commonwealth rests, at least
SO far as the majority of the accused direc.
tors are concerned. 1t is possible that the
court may require Director Noon to show
that he did not profit directly, or indirectly
from the money paid by the Board for the
coal hauling done by the horses owned by
the Moons and which have become famous
during the trial as THE family team"
After the recess yesterday afternoon the
direct examination of Thomas Dixon was
continued. The witness would not swear
that it was agreed at the teachers meeting
that the institute orders be turned into the
campaign fund, but it might have been sug-
gested that they give the orders if they
didn't have the money. Witness collected
institute orders from three teachers and each
one Of them gave the orders willingly and
they said they did, There was no cross
examination.
MI. BRENNAN
recalled by Mr.. Whalen testiged that he CAV,
his institute order to Mr.. Gallagher. He alsC
received institute orders from two teacher,
in the Raven Run school building for the
campaign fund, which was intended to pay
legitimate campaign expenses, such as getting
tax receipts for people who were poor, pay.
ing poll men, etc,
Who was it arranged that plan of am.
paign
l was one of the persons who assisted in
bringing about that plan.
Do you swear that it was not understood
prior to the teachers meeting that the iusti
tute orders were to be given over for thiI
campaign fund?
Yes, sir.
How long have you been a teacher in the
township.
This is my eleventh year.
Most Of these Directors have been in ofic,
during a considerable portion Of that time
Think three Of them have been.
Some Of them were in office when you be
came a teacher.f
Ferguson aud Flanagan, | believe.
Did you communicate this campaign ar
rangement to the School Directors, or any o
them7
No, sir.
No cross-examinatiou.
James Il. Gallagher was recalled by Mr.
Whalen and asked if he testified to the in
stitute orders in the O'Neill libel suit an,
said the campaign fund constituted the pro
ceeds Of the institute orders. He said he di,
and that none Of the School Directors ha,
since that time directed him to hand th
money back to the school teachers, nor woul,
he take such orders from any other thai
school teachers.
MAJOR e. c. WAGNER.
Major Z. c.. Wagner, of Gimrdville. wa
called and examined by Mr.. Wilhelm. III
testified that, as representative of the Tax
payers Association, he attended the audit o
the West MahanOy Township School Distric
accounts Of 1896. He handled all the order
there, including order No 4S1 of June 5
1897, for s75 payable TO Il. E.. Flannigan 70
attending school supplies and truaut office
aud the printed statement of the Auditor
shows Flanagan got $40 that year. Nh
Wagner also testified that he visited TN
Brownsville school building yesterday morn
ing and inspected the plastering repair worl
and road making testified to earlier in tn
case. lie found 270 2-l0 square yards of re
pair plastering had been done. He did no
know what repair or patch work was worth
but new work of the kind is worth 90 10 B
cents per yard. The road made was abou
80 feet long, and very little grading wa
done. He believed one man could do ia
road work in two days. Nj. Willard.
plasterer Of G~irardyille, helped hin
measure the plaster repair work.
On cr0ss-e4aminatiOn by Mr.. Mari. Nj
Wagner admitted that there was nothing o
the stub Of the township order hook to sho,
that the S75 Flanagan order had been rl
deemed.
Didn't Mr., Gallagher, the clerk, ask YOU
you had any objections TO the audit and 70
said MOI
Not at that time.
Didn't he ask you If there was anythin
else you wanted to investigated
! don't remember that. / believe he aske
If there was anything further / wanted
investigate and / said not at that time.
Aud didn't he ask if they should 20 ahea
and publish the audit9
Yes, sir.
u Did you ever appeal from that audit as