The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-09-17
THE 0'NEIAA
GIBEk CASE
Called Before Judge Savidge at Potts.
Vile This Morning.
POINT GAINED BY The PROSECUTION
The Cases Against the School Directors Of
West Mahanoy Township Will Fol-
low Immediately-Large Number
Of witnesses subpoenaed
BY Both Sides.
Special to EVENING HERALD.

POTTsvILLE, Sept. 1.-THE West Mahanoy
Township School District cases were called
up for trial at $3.50 this morning before Judge
Sayidge with all the principals, witnesses
and counsel in attendance, forming an army
that taxed the capacity of the court room.
The witnesses for the Commonwealth alone
number at least eighty-fve.
District Attorney Bechtel called up the
libel case Of the Commonwealth against ],
Jerome O'Neill. District Attorney Bechtel,
s. H. and d. H. Kaercher, Esq, and John F.
Whalen, ESQ., appeared IN behalf of the Com.
| monwealth in the msdeameanOr and perjury
cases and all of them except the District At
torney represent O'Neill. NJ. NJ. Burke, ESQ.
Of ShenandOahi George j. Wadlinger, Esq,
of Pottsville, and w. A. Marr Esq, of Ash
land, represent the School District
Immediately after the case was called up
Mr.. Whalen protested against the libel case
being called first and asked that the misde-
meanor case against the School Directors
charged be first taken up. One of the
grounds stated for this was that the misde-
meanor would bring out all the facts in the
three cases and save time and expense. He
also stated that an important witness for Mr..
O'Neill, Miss B. l.. Burke, was ill. Miss
Burke isa school teacher and sister of Lawyer
Burke
District Attorney Bechtel opposed the ap-
plcation on the ground that he was calling
up the first case that came to his hands
Messrs, Whalen aud Kaercher pressed the
application and Messrs. Bechtel, Wadlinger
and Mari opposed it,
The court finally ordered the jury to be
impanelled.
Mr.. Whalen then asked the case to be post
poned on the ground of Miss Burke's illness.
Mr.. Burke said the Commonwealth would
admit what was intended to be proved by the
witness.
The court said proof of inability of the
witness to appear must first be made.
Mr. Whalen called Mr.. O'NeiIl, the defen-
dant, to the stand to make proof. He swore
the witness was subpoenaed, but unable to
attend court on account of Illness and that
she was very material witness in his behalf.
He last saw the witness on Tuesday, last.
certificate Of illness dated 18th inst. was
produced, but the court said it was not suiIi-
cient.
P. J. Coyle. of Lost Creek, brother-in-law
of the witness, swore she was ill last night,
but not confined to bed.
Court stated that as the illness was cholera
morbus, the chances were in favor of the
witness getting to court this afternoon, or to-
morrow morning, and ordered the case on.
Clerk of the Courts ShOener proceed to call
the jury.
Mr.. Whalen entered protest, in behalf of
the defendant, O'Neill, against the calling of
the jury. He stated that prosecution is
pending against the School Directors of
West Mahanoy township, true bill has been
found and the case is ready for trial; that the
libel case is brought for the publication of
matters involved in the case against the
School Directors for misdemeanor in office
and the latter case should be tried first The
misdemeanOr case, he said, was Of public in
teFest, involving the honesty of public off.
eials, while the libel case is of secondary i'm
pOrtance.
The court directed the protest to be noted
and that the case proceed
The following jury was then impaneled
after much time was consumed in examina-
tion as to qualifications
James Comfort miner, Mine Hill Gap; H.
b. Kintzell, laborer. Port Clinton; w. S.
Hoening, shoemaker, Landingvile Daniel
Ludwig, farmer, PinegrOve; John Greasing,
miner, Tamaqua; John Becker, merchant,
Palo Alto; John Hommas brakeman, Port
Clinton; Calvin Frederlcks, laborer Potts
vile; John Green, miner, Middleport; Alex
andeF Buchanan, MINER Heckscherville;
George A. stine, farmer, Brunswick; William
CowleV, geDtlemap, Mahanoy City
M M. Burke, Esq, opened the case for the
Commonwealth, stating that the publication
in the Miners Journal was prompted by the
defendant, O'Neill, as a correspondent. That
O'Aeill's sister failed to get a school in West
Mahanoy Township aud from that time
O'Neill had been cunning for the School
Board Of the township, especially p. ]. Fer
gHson. 30 bitter was his feeling that he re-
fused to smoke the Henry Clay cigar be-
cause Mr.. Ferguson sold cigars bearing a
label Of that brand. Mr.. Burke said tLe
article published was a malicious libel and
O'Neill knew it to be so.
Jacob Foster, Miners Journal reporter, was
called as the first witness for the Common
wealth, to prove the publication of the
article. He failed to answer. constable
was sent to get him.
2. j. Ferguson, of Lost Creek, was called
to the stand and identified the published
article, but upon objection by Mr.. Whalen
the court decided that Mr.. Fosters evidence
was the best in that line and court would
have to wait until the constable arrived with
the witness Upon this ruling Mr.. Fergu-
son was taken from the stand. Just before
the uoou huJouIuluSub Iub Constable appeared
and stated that Mr.. Foster was in bed but
would appear in court shortly. Judge Savidgs
thereupOn adjourned court until 1880 O'Clock.
Court resumed at 1870 o'clock with Jacob
Foster, the Miners Journal reporter on the
stand. He identified the article published in
the Journal on June 14th and said }.
jerome O'Neill called up the Journal by
phone and asked for Mr., @. II. Anderson.
He was informed he was not there. The
witness asked O'Neill if there was anything
new in that section, and OEell gave the
facts upon which the article published was
based. Foster dictated the article to Mr..
Anderson.
O'NeilPs counsel raised the point ON the
evidence given by Foster that there was no
proof to show that the article was furnished
by O'Neill for publication, OF that he secured
the publication. or that he had any control or
interest in the Journal to make 1t possible for
him to secure publication of the same.
P. j. Ferguson was then called. He said
he has held the position Of School Director in
West MahanOy township for fifteen years
Denied that the old members Of the School
Board have withheld orders drawn for
teachers in attendance at institute for the