The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-09-22

FOR DEFENSE
The west MahanOy Case Again Before
the Court.
WILL go TO The JURY THIS EVENING
School Teachers, Directors, Contractors and
others Tell What They Know About
Township School Affairs-The
Defendant on the Stand
This Afternoon.

D. JoEouue " NellAt CuhfBeu Wlbu llDel on OaJl
Of P. J. Ferguson, president of the SchOo
Board of West Mahanoy township, was callet
late yesterday afternoon, and will close thi
evening. Judge Savidge made this an
uouncement this morning, stating that n
must be at home tomorrow as his own cour
opens on that day.
Martin McLain, school director of Yves
Mahanoy township, followed Mr.. Cole a
q witness. He testified that the contract 70
the upper VIM. Penn school building was no
given to the highest bidder There was on
higher bidder than Tim. Mahoney, the on,
who got the contract. Mahoney Away
gave satisfaction, and that was the reason h,
got the contract Witness had no knowledg,
of incOmpetency on the part of any of tht
bidders who didn't get the contract. TIL,
contract for the Colorado building was givel
to Gallagher & Dee because they included
porch and painting. Witness did not know
whether there were any extras. He woulC
not swear there were none.
At this point Mr. Mari raised the poin
that he could not see the reason for inquirinI
as to extras. Judge Savidge thought the lin,
of examination proper as bearing upon tina
part of the libelOus article which alleged that
double the amount of bids had been drawn
| through orders.
| Continuing witness testified that he never
instructed the secretary Of the School Board
to draw orders for the teachers institute pay
and give them to him, witness They were
not given to him to his knowledge. / don't
know that [ took back an institute order
drawn in favor of Miss Jennie Heaton and
putting it back in the book The only insti.
tute orders l received were those l cashed as
treasurer. | got some from the teachers aud
Mr.. Gallagher, one of the teachers, brought
batch of orders to my house. l can't say
whose orders they were
Mr.. Whalen Do you remember about two
years ago. paying freight bill of So 40 and,
in turning it over to the Board and getting
credit from the Board, as Treasurer, you
changed the bill to make it read $3i82
No. sir.
Did it read sS462
No. sir.
Don't you remember anything about that
transaction.
No, sir; that aint So
Don't you remember that Mr.. James F.
Gallagher threatened to have the Board ar
rested at that time on account of it,
No. sir.
Did Miss Ellie Garvey, now Mrs. Cava-
naugh, give you money to procure her place
as teacher2
Never in my life, as I can Iecollect
Did she not give your wife.
Never directly, or indirectly, to my knowl-
edge.
Did you not, as secretary of the School
Board, change the minute book so as to make
your sons salary S45, instead of S35 per
month";
No, sir; never. refer you to the minutes
L..vvs - 4 r
minutes2
Because l was told that some parties had
said had raised my sons salary, without
consent Of the Board My sons salary was
advanced according to his advance in the
grade of teaching!
Don't you know that the Board advertised
for p & r. coal because the haul from the
P. & r. collieries was so long that local
hauleTs would not bid and that after Carey
got the contract he didn't supply p. & R..
coal, but VIM. Penn and other coal which
was more convenient to the schools?
/ couldn't say where he got his coal
John F. Finney was called to the stand
and stated he was manager of the Miners
Journal. J. jerome O'Neill, the defendant.
has furnished the paper with items of news
occasionally from Lost Creek. He was not
the regular correspondent We had no regu-
lar correspondent there. O'Neill received no
pay for news he furnished I authorized the
publication of the retractiOn of tho article
on which the libel suit is based.
Anthony O'DOnnell, of Lost Creek l
have known defendant ONeill since boy
hood. heard O'Neill say about two months
ago, since this snit was started, that he would
get square with Ferguson before he would
die. He also said some time during the past
summer that he thought Ferguson put
Murphy up to have O'Neill arrested in a suit
that Murphy brought against O'Neil.
Andrew J. Murphy, of Lost Creek swore:
have known O'Neill, the defendant, since
b0yhood. When worked for O'Neill about
two years ago he told me was foolish to 20
to FergusOn's saloon, as Ferguson was only
good for himself and nobody else He told
me about his sister being knocked out of
school He said Ferguson fixed it up with
County Superintendent Weiss, so that his
sister could not get certificate He said he
would get revenge. ONeill told Mrs. Franey
at Shenandoah that he was glad Ferguson
had been defeated in an election
On cross examination witness admitted
that he had trouble with O'Neill a few
months ago; O'Neill owed him money and
hadn't paid him yet They also had trouble
about tools.
You prosecuted O'Neill for larceny and lost
the suit? Objected to and objection sus-
tanned.
Mr.. Ferguson did not encourage me TO sue
o. Neill and / was never offered money to do
80. did not tell O'Neill l was offered to do
80.
Mr.. Whalen How old are your
l don't exactly remember how old 1 am.
Are you 402
No, sir.
Are you 20?
Yes, sir I guess about 25. have always
lived in Lost Greek.
THE DEFENSE.
After this witness left the stand the Com
monwealth called for Heber s. Thompson,
William II. Lewis and E. @. Wagner, but
they did not respond The Commonwealth
then rested and s. II. Kaercher, Esq, opened
for the Defense stating that O'Neil didn't
publish the article complained of. or cause or
ask its publication, and that he simply gave
information to Jacob S. Foster Of the
Miners Journal, by telephone, in answer to
questions and only what had been common
talk through the township, and that the de-