The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-07

A. n Hunter Esq, Of this city, and A. w.
Schalck, Esq, of Pottsville The Common
wealth has a strong array Of legal talent, and
in this respect has much the better of the
opposite side. When the case was fixed for
the previous term Of court the only counsel
for the Commonwealth was John Marion,
Esq, retained by the minority members of
the School Board Of Shenandoah At that
time District Attorney John G. Haymaker
took no part in the prosecution. He is now,
however, directing the Commonwealth side
in the examination Of witnesses, under the
promptings Of the private counsel, Mr.
Marion. Besides these two legal lights the
Commonwealth has still further strengthened
their side in retaining another private
counsel in the person of Thomas NJ. Marshall,
Esq., who is considered the ablest attorney
now practicing at the local bar. In fact he
has few superiors i'm the state as a pleader in
criminal cases.
The FIRST point raised at the morning ses-
sion, previous to the selection Of the jury,
was that of the defense when Mr. Bogart's
counsel asked that A. W Beatty be sworn as
official stenographer to report the case. The
Commonwealth informed the court that they
had no use for a stenOgrapher, and Judge
White refused to order him sworn in as re-
quested A compromise was effected, how
ever, whereby the stenogmphor was sworn in
and viii be recognized by the court but is to
be paid by the defense.
Attorney Marion made the opening ad-
dress TO the jury for the prosecution and
gave an outline Of what they propose to es-
tablish by witnesses. His address was very
short
John @. Yates, of Knoxville Pa, father of
the girl, Clara Yates, was sworn He stated
that his daughter Clara was thirteen years
old. That on April 3rd, last she attended
school her teacher was Miss Catherine
Norris and the principal of the schools was
Prof G. d. BOgart He could not say when
his daughter was born, but was positive she
was 10 years old, He was not cross-ex-
amined
Mrs. Yates was the next witness called for
the Commonwealth. She was on the stand
only few minutes and confined her state
ments as to the age of her daughter. She
swore that Clara was born ON April 3rd 1888.
Clara Yates was then called and related the
circumstances leading up to and following
the alleged felony. She told how the
pupils of room No. had gone to the
woods for botanical specimens on the after
noon of April 20, and did not return until
| 5 o'clock None Of the pupils were in the
building that evening when she went to il
to get her books. No one had told her to
60 for the books, although it was understood
that all the pupils should return for them
when the trip to the woods had been COM
pleted. She went about z o'clock Prof
Bogart was in his office at the time aud she
went in and talked with him. She spoke
Of how he had helped her work some prob
lens. Soon after her entrance, she said, he
locked the office door. and then assaulted
her She said she had offered no resist
ance as she did not understand what he was
about to do.
The girl recited the details of the alleged
felony minutely. Her testimony was given
without hesitancy. Every word she said was
closely followed by the large audience in the
court room. Many women were present and
appeared to take much interest in the girl's
narrative.
Mrs. Yates was recalled and related how
her husband had been informed when he
came home from work the morning after the
felony that he left the house and called on
Prof Bogart the two then returned to the
house of the Yates family that her hus
band was anxious to push the charge, bu
she persuaded him not to do so that Prof
Bogart asked Clara if she had dreams anC
Vhc BlIi Ieplleu UnaI Sne nadt ana ha(
dreamed Prof. Bogart had done the same
thing to her and her mother and father hat
beaten Prof. Bogart.
On crsss-examination the witness admitted
that Prof. Bogart denied the charge Mos
Of the witness testimony was in terms un
fit for publication, as well as immaterial
The same was the case as to the testimony o
the witness daughter Clara, as to the term
used
) Just previous to the adjournment Of thu
court this afternoon the counsel for the de
fense made an important advance and move
that the charge Of rape against Prof Bogar
be dismissed
A buzz Of excitement went through tn
court, and was especially audible where tn
people interested in prosecuting the cas-
were seated
The argument was brief and the cour
granted the motion. Judge White wa
prompt in deciding the question. He state,
that, after hearing the testimony Of the girl
Clara Yates, and her mother, he was con
vinced thIt no rape had been committed, a
charged in the indictment; that if the ac
was committed there was no evidence of il
Judge White added that the jury could. how
ever, should it find evidence to sustain il
render verdict Of assault and battery wit
intent to rape.