The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-11-26
DEFENSE
CLOSED !
Many Charges Not Proved in the West
MahanOy Case.
SCHOOL DIRECTORS ON THE STAND
The Defense opened Its Case This Morning
by Placing Upon the Stand the Ac-
oused School INSTRUMENTATION
Cross Examination.
speelal to EVENING HrnAnp.

f. hclaln ana John DOnlan School Directors
Of West Mahanoy township, for misdemeanor.
which was commenced last Thursday was re-
sumed before Judge Bechtel this morning.
The court was opened at $3.50 and Judge
Bechtel made the announcement he promised
Wednesday evening when the court ad-
Journed. His Honor stated that in carefully
going over his notes of the evidence he had
arrived at the conclusion that counts Nos. 1.
3, 4, 5, Z, 9, IL, 10, Is, n, 10, 81, %, 25, q. 30.
~, "a, 38, 3S, 40, 42, a, 46, 4s, so, so, 81, So,
va and % had not been sustained by any testi-
mony. The indictment charged" said his
Honor, that the orders therein named were
without consideration and therefore entirely
fraudulent. The evidence fails to sustain
any Of that charge.
Besides these there are some orders set
forth wherein they are charged as being part
fraudulent and evidence in reference thereto
will be considered.
Counts Nos. 81 and 90, rel,ting to exon
erations of the taxes Of Henry and Peter
Joyce, are not sustained. The testimony of
the parties and the tax collector was that
those taxes were paid, and therefore the dis
trict could not be defrauded out Of the taxes
due to it,"
"As to the counts from So to SO, inclusive.
'.e Ah"ASNhANnb tudABtn bldl lub ORDERS enum-
Grated in the counts were issued to teachers
for attending institute when in fact the dis
trict was not indebted to them for any such
amount. The evidence fails to sustain any
Of the counts. In fact the evidence shows
that the teachers were entitled to these
orders. And when the County Superin-
tendent certified that they attended the in
stitute the orders were issued to and re-
gniVpd hu the foanbara and asel,u .aI----l
by them, or authorized to be endorsed by
them. According to the testimony the
amount was due by the district. Therefore
the charges that the orders were fraudulent
lent because they were not due for
services rendered are not sustained
by the evidence presented. This
leaves 80 Of the 90 counts for considera-
ton of the jury. The portion of testimony
which would be evidence under these counts
may be admissible on the question of costs
on either side, should the question come be-
fore the jury"
Mr.. Whalen then asked and was granted
permission to place Isaac Morgan, Deputy
Clerk Of the Courts, on the stand to prove
the election returns of 1897, and other years,
to show that the defendants are duly elected
members of the West Mahanoy Township
School Board.
Mr.. Mari, one of the counsel for the de-
Tense, then opened his case by recalling
Principal James F. Gallagher to the stand.
The witness said he was a married man and
the father of three children. He said tbe
|tlannigan order for S75 was not presented at
the meeting of the township auditors. de
also said the statement prepared at that meet
ing did not indicate whether or not that
order was presented, but it was referred to in
connection with the secretary's salary under
the heading Of Expenses for school year"
Thomas Dee, prosecution in this case, does
not " property in West Mahanoy Town
ship. His mother owns the house she lives
in.
The witness became angry when under
eross-examination by Mr.. Whalen, especially
when pressed upon the question as to whether
the statement referred to in the direct ex-
animation was made out when Messrs.
Wagner and Wilhelm were present at the
Auditors meeting. Yes, sir" he answered
sharply, but 1 made some Of the c~alcula-
tions upon which the statement was based
before the meeting"
RITZ E. Milan,
one Of the defendants, was called to the
stand by Mr.. Mari.
AT the settlement of the treasurer,s ac-
count for the year ending June, 1897, 1 mean
your account, did you have this order No.
48l for S75 present at that audit?
No, sir.
Did you ever see that order2
No, sir.
That's all, said Mr.. MARI and the cross
examination was taken up by Mr.. Whalen.
The witness said School Director Noon was
not present at the audit while he was there.
nor did he remember that Director Planni.
gan was there
Was that order there2
/ don't know anything about 10.
Mos fhavn auNrthfrn cold .I,.A 49, Ia
Not that know Of.
Was this order issued TO Mr.. FlanniRanY
Yes, sir, l guess it was.
Were you present at the meeting when il
was issued2
/ think so. I can't say positively without
reference to the minute book.
Don't you r~ecollect that you were there?
l can't call it to memory whether 1 was OF
not.
Don't you r~ecollect a resolution givina
Flanagan 30 for attending to supplies and
acting as truant %OtiicerY
Yes, l think so. 1 can't say when that
meeting was held. 1t may have been one OF
the last meetings Of the Boord.
Have you, as a Director Of the West Maha.
nOy township schools, received money fol
giving positions to teachers
No, sir.
Did you receive from Mrs. Cavanaugh. VIII,
was then Miss Garyey, $40 for a position
LEHH H-N~
No, sir.
Did you receive $40 from herY
No, sir. Never in my life received ont
cent. Not as much as one penny.
From her, or anybody, for her
Not one penny.
Have you, within the last year, or two, re
ceiyed any money from John Cauheld, as {
teacher2
No, sir.
Did you receive the institute orders at an,
time within the years, 1895, or 1892
Yes, sir. Some from Mr., Gallagher, on
from Mr.. Flanagan and one from Mr.. Brown
and / paid them the money.
Why didn't your pay the money to tn
teachers directly
Because the teachers didn't present then
Did you have enough money to pay thes
orders when they were issued
Yes, sir.
Did you make any inquiry Of Mr.. Gala
CHER as to how he came TO get these orders
/ believe / asked if he had been authorize
to receive the money for the teachers and h
/ said yes
Did you know for what purpose this none
was to be used by Mr.. dallagher2
No, sir.
Did you never hear anything about thi
, campaign fund for 1897