The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-12-01
NEW TRIAL.
ASKED FOR.
West MahanOy Township School Di-
rectOrs File Their Reasons.
TINE FIXED FOR AN ARGUMENT.
It is Reported , hat More Prosecutions Are
to Follow And Presentment Will
be Made at the Next Sitting
of the Grand Jury.

The reasons for the motion for an arrest of
Judgment in the case of the West AIahanoy
township school directors, found guilty of
misdemeauor, we've filed by Messrs Marr and
Wadlinger, counsel for the defendants YES
terday. There are eleven of these reasons,
three of which relate to the foreman of the
grand jury. 1t is claimed that Ben Kauf-
man was not sworn as foreman and that he
signed only his name, not the words Fore
man Of the Grand Jury" Most Of the other
reasons relate to the 29th count on which the
directors were convicted. 1t is claimed that
this count is vague, uncertain and indefinite
and does not set up the names Of the direc-
tors. 1t is also claimed that the board con-
sisted of six members, the sixth man being
Thomas Dixon, appointed to fill the unex-
pired term of Martin Dixon, who died
and therefore the evidence does not show
that P. J. Ferguson, Patrick NJ Noone,
Thomas E. Flanagan, Martin E. McLain and
John DOnlin ''were the duly constituted and
elected board of school directors of the town
ship"
The 9TH reason claims THAT there is no
evidence in the case showing that order No.
100, d atei December 9th, 1896, payable to
directors for $50, attending institute, being
the order embraced in the goth count of said
indictment was issued by authority of any
of the above named defendants, acting as
school directors of the school district of
West Mahanoy township, or that said order
was received on the part of any of said de-
fendents with fraudulent knowledge and
intent to defraud said school district.
Following are the other reasons:
sth. That there is no evidence in the case
showing or tending to show that payment of
the order set forth in the goth count of said
indictment was ever demanded of the treas
urer of said school district by any person ;
that as matter of fact shown by the
evidence, said order was never paid to any
person by the treasurer of said school dis
trict; the So alleged to have been paid to
each of the above named defendants by one,
Martin E. McClain, was paid long time
before ever said order was issued, to wit on
the day known as Directors Day at the
meeting of the county institute held at
Pottsvile in November, 1896
9th. That the fact that an order such as
is set forth in the goth count of said in
dictment was issued on the 9th day of De-
cember, 1896 without authority or order
of the board of directors of the school dis
trict of West Mahanoy township, and that
Martin e. McLain, treasurer of the school
district, was afterward allowed credit
therefor in the annual settlement of his
accounts as treasurer of said school dis
trict by the auditors of the district, does
not visit or impose any criminal RESPONSE
bility or liability on said defendants, and
the said Martin E. McLain, treasurer of
the said school district, being also mem
Der of said board of directors, must have
known the circumstances under which
the said order was issued and if knowing
the circumstances of the issuing of said order
to be illegal, he would not be entitled to
credit in the settlement for the payment of
said order, and would be liable under his
bond to said district for the amount of said
order, and the school district could not,
therefore, be defmudod out Of said $50 or
any portion thereof.
10th. The verdict is contrary to the evil
dence.
11th. The verdict is contrary to the law.
A reporter for the HERALD was informed
to-day by person who appears to be well in
! formed that the misdcmcanor suit Just tried
does not end the prosecutions against the
school Directors Of West Mahanoy Town
ship, but to the contrary is only an initiative
and that prosecutions are to be entered on
similar allegations bearing upon the admin
istration during the years 1898, 1894 and
1895. The allegations in the suit Just tried
referred only to the year 1896. The infor-
mant says presentments will be made to the
! next Grand Jury.