The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-11-20
SPEED
IS MADE |
The MahanOy Township Case AdiOurns
Until Next week.
INTEREST IN The CASE INCREASES
1t is the opinion Of Many That the Prose-
cution Has Placed Some Of the De-
PENDANTS in an Uncomfortable
Position, But the Latter
Think Not.

EO1AtAVni nub bue AdAbeA
Think Not.
Special TO EVENING HERALD
Pottsville, Nov. 2O.-The misdemeanor
case against the School Directors Of West
MahanOy Township entered upon its third
day this morning with about seventy prin-
cipals, witnesses and lawyers interested in
attendance. Considering the nature of the
case the Commonwealth is progressing at
good speed, but the trial must run over into
next week, and some Of the counsel seem to
think that it may possibly extend to the
latter part of the week. Interest i'm the case
increases each day and the spectators are
multiplying, although nothing of what may
be termed a sensational character has thu far
developed. 1t Il is the opinion Of many who
have given the case attention, however, that
counsel for the prosecution have thus far
succeeded in placing some of the School
Directors in a light that leads one to reflect
upon the provision Of the school laws which
prohibits School Directors from receiving re-
Enumeration directly, or indirectly. 1t is also
thought by many that the School Board will
have to purge itself of any responsibility for,
or acquiesence in over charges for material.
For instance, a witness from Lost Creek paid
only 40 cents for window glass Of the same
size that a witness from Raven Run charged
70 cents for. The board passed the bill and
asked no questions. From statements made
last evening, however, it appears that the
defendants are not worried by any Of the
testimony thus far adduced and that they are
confident of being able to fully explain any
discrepancies that have or may appear. On
the other hand. Messrs. Whalen, Kaercher
and Wilhelm smiled when they heard of this
confidence, but said nothing. One of these
gentlemen was heard significantly remark
ing yesterday, They seem to be very conf
dent"
The most damaging witness to the defense
Yesterday was that of Michael Carey, Sr.,
the coal hauler, and il is there, no doubt,
where the prosecution is going to lay foun-
dation for one of its strong points. This
was evidenced towards the close Of yester-
days session, when Mr., Whalen commenced
to call witness to show how much coal Mr..
Carey really purchased and furnished to the
school district under his $3.50 or 500 contract.
On this point Mr.. Cary was quite vague. 1t
is understood the Commonwealth still has
about forty witnesses to call.
Patrick McGrath, carpenter, residing at
Lost Greek, was among the witnesses called
yesterday for the prosecution. He is married
to a sister of the late Martin Il. Dixon.
Order No. A was drawn in his favor on Sep
TENDER 8, 1896, for $3.50, He said it was in
payment Of labor and material. He fixed
doors and pOrches and cleaned the yard Of
the Lost Creek school building. He was
school ~janitor and at the same time worked
in the mines. His salary as janitor was 81
per month. He made a charge for 10 days
work, but ON the witness stand could only
account for 6 days. He said he guessed he
did 10 days work, but could not remember.
He can't read or write. He couldn't remem-
Der what he did for order of Dec, 1896, for
$50 80, but afterwards said an item of SIS was
for ~iauitOrs' services for a year aud a half.
He said he received payment Of the order in
cash. Mr.. Whaleu called attention to the
fact that on the back of the order was the
endorsement paid by check" Witness
couldn't remember what work he did for
order No. 1855 of Mar o, 1897, for 81 30. He
first said p. NJ. Noon paid him the money on
the order, but subsequently stated that
Martin McLain paid him. Mr.. Whalen
called attention to the endorsement Patrick
McGrath, per p. J. Ferguson" on the back
of the order. Witness would not say that he
ever saw the order before it was shown him
in court. McGrath said he did the repair
work at the school houses when the c~Ollieries
were idle and after returning home at night.
On cross-eXaminatiOn by Mr.. WadlingeI
witness said for the last four years he has
worked as carpenter at the Lehigh c~ollieries
and that he has done repairs at the schOo.
houses for the past ten years. Thomas
5 Dixon, a school teacher boards with witness.
D McGrath said he performed all the work and
I supplied materials TO the amount Of all the
p bills he presented to the board, and that hi
4 labor and materials were necessary. Repair
are frequently OCcasiOned by the sinking o
the grounds surface about the school build
ings, due to the workings in the mines. Nc
Grath explained that he was not the ianitO.
of the Lost Creek school building, but Only
of the Directors room. He said he made
mistake on his direct examination when h.
testified the Sl5 item was is months service
. as ~ianitor. 1t was on account of that seryic,
and the full amount due was SIS for tn
period. When he needed lumber for tn
school repairs he bought It from Michae
: Noon, a brother of the school Director, Blu
u he did not DO so because P. M. Noon was
, Director. He bought lumber from Michae
Noon before the latter's brother became
a Director and bought lumber for his owl
house from Michael, who is a dealer il
lumber.
On redirect examination by Mr.. Whaler
MoGrath said he was elected |janitor by Oh
School Board. p. j. Ferguson asked him I
take the position. He couldn't say when tina
was, or how long he had been acting g
%ianitor. He didn't know who fixed b
salary. Didn't know when the wages weI
talked about in that connection.
You told Mr.. Wadlinger that everythin
in all your bills was c]orrect2
Yes, sir.
BThen why couldn't you tell this jury, whe
AZ l asked you, what you did during the te
days2
"a / couldn't remember exactly.
H. Henry Joyce was next called. He lives
T. Raven Run and is a brother-in-laW to Tho
Il. Flanagan, Witness isa labOrer and h.
got several orders cashed for fixing door
D. windows, etc. about the Raven Rus scho
building. Mr.. Flanagan told him 10 do Il
work and order No. 80 of Sept. 5, 1896, f
S30.65 was for labor and material furnish,
mt at that school. He put in a bill for Il
ty amount. The work was done at interval
Charged So per day for his work. He W
getting 81 25 a day for his work at the CO
liery. Witness was shown a bill and said
thought 10 was in his handwriting. j
'I' guessed it was for that bill that he receive
ne order No. 80. The items on the bill amour
nd ed to S20.65.
gs, How does it COM that you get an ord
for $50. 652
~ Idon't know.
This order is endorsed I'll, Joyce per II.
F."2 In whose handwriting is that-do y
know
nj l don't know.
How much money did you get on this b
you put IMP
1 got every cent Of il.
Of SEQ 5Y
az l got that one time.
Then you didn't get the amount Of Il
w Order-S3O.6 52
az Yes, sir; 1 got that at another time.
70 Mr.. Whalen then produced a bill for SIG
and order No. %, Dec, 5, 1896, for $685.,
Witness wasn't sure whether he put
ate more than these two bills,
rec Order No. 95 was endorsed III. Joyce !