The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-11-11
E MAHANOY CASES.
Reasons why the Indictment Should be
Qunsbed.

As stated in last evenings HERALD, the
trial of the members of the West Mahanoy
township School Board. charged with INSIDE
meanor IT, office. las hccn fixed for next
Monday. Tho counsel tut dc school direc-
tors made q motion tu qaa D the indictment,
and the court iytd saturday morning to hear
argument. Below win b. fHmd e synopsis
Of the reason for qua-hiug thc Indictment:
list. TIE bin of i|udictmrut Is not signed
BY the foreman Of the % Il Jury, but is
signed by one, ben Kaulmal.'
2d. There Is no record violence Of the APP
pointment of "Ben Kaufman as foreman Of
the Grand Jury for the Sept Term, 1897, or
that he was sworn as such fireman.
Sd. The Indictment allcars That Patrick J.
Ferguson ct. al were the daily constituted
and elected" board of school directors Of the
township Of West Mahauoy. whereas, the
records of the court show that the said board
of school directors consisted Of six persons,
the sixth duly elected person, being Martin
Il. Dixon the Indictment containing charges
against the board of school directors as a
board, it is error not 10 have Joined the said
Martin Il. Dixon, or at least TO have averred
his membership in said board during the
period of time covered by the issue of such
orders and other action charged i'm the in
dictment, as may have taken place during
his membership.
4th. If il be alleged as against the above
room, that Martin E.. Dixon died duriug the
term, then il is error not to have joined his
successor in office Thomas Dixon as a member
Of the board.
5th. Ninety.seven Of the counts in this
are against Patrick j. Ferguson, Patrick NJ.
Noone, Thomas E. Flanagan, Martin b.. Nc
Lain and John DOnlan, as the board of direc-
tors the 0S count is against p. j. Ferguson,
7 NJ. Noone, T.. e. Flanagan and NJ. u.
McLain, as members Of the board of school
directors of the township of West MahanOy "
the Indictment charging in % counts 0tienses
against hve persons as a board of directors
and in the 9Sth an oflense against only four
persons, as members of the board, said
offenses being different in character and time,
this is y misjoinder of counts and makes the
indictment defective.
9th. LIST, Sd, 9th, 9TH, 9th, 18th, 18th,
l5th, 18th, 18th, 2lst, 23d, 25th, 9th, Both,
32d, 34th, Both, 3Sth, 40th, 42d, 44th, 10th,
18th, 5Oth, 52d, 54th, and seth counts Of
the indictment are |repugnant to and
with, and a contradiction % the I'd, 4th,
9th, stb, 10th, 18th, 14th, 10th, 18th, goth,
22d, oath, Goth, 2Sth, 31st, 33d, 35th, 37th,
Both, 4lst, 9th, 18th, 9th, 5tst, 58d, 55th
and 57th counts in that the first mentioned
admits charge that orders were issued for
given sums of money for which the district
was not indebted; the last mentioned counts
charge the issue of the same orders to the
same person for the samea amount and charge
that the district was dcfrauded out Of but a
80 Va inv sum Va EANooIA III NAG nAAEA
This makes the indictment as to all Of these
counts uncertain, vague and indefinite and
affords the defendants no positive informa-
ton as to the character and nature Of the
charges they are called upon to meet.
7th. That nine other counts charging
eXoneratiOn of certain persons from the
payment Of taxes are insufficient and do
not charge an indictable offence in this.
that it is not averred that the alleged taxes
were duly assessed and return Of said assess
ment made according to law, ubr is itaverred
that the persons eXoneratedl were legally
liable to pay the taxes charged in the dupli-
cate.
sth. The sth count charging exoneratiop
Of Patrick Donlau from paymEnt Of taxes is
defective as it does not aver bin indebtedness
for taxes.
9th, The 20th count is @vagEie. uncertain
and indefinite in this that \ charges the
issuing of an order payable to Directors i'm
the sun Of $50, 90, but IL does not aver or set
out the names of said directors or how MANY
or which of said directors said order was
issued to in the concluding portion of said
count, it alleges payment ON demand made
by the holder, which would indicate that
the order was held by one person. and this
person not named or designated IL is further
submitted that this charge, based on "a
written instrument does not ciuluin a sufi.
cient description of the instrubuut and that
the order and all its endorsements should
have been set out in full.
10th. The 0sth count chorh be- am offence
committed at a time, that W. be barred
from prosecution under the stNlte of ll44.
Uations the count is also detective Ia being
uncertain, vague aud indefinite iu This. that
it charge the issue Of orders az regutiug the
sum of $50 to one James L. gallagher with
out giving the number, date on other descrip-
ton of the several orders ON which it is al
legged the mony Of the school district was
paid.
18th. The indictment does bet contain an
addition to the defendants names of their
estate, degree or mystery, as required by the
statute the addition of the word 'yepmlu"
to the several defendants NAMES should APP
pear wherever their appear.
Kendriek House Free lunch.
PURGE of poa will be served, free, to all
patrons tonight.