The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-02-03
FINAL
phEADINGS
Case of the County Commissioners AL
most at an End.
ADDRESS CONCLUDED
Mr.. MARI Followed with an Address in
Behalf of the County Commissioners.
Judge Bechtel Anxious to Give
the Case to the Jury.

Pottsville, Feb. 3.-The twsnty-second day
of the trial of the County Commissioner
was consumed by counsel in addressing the
jury. Charles Sailor, the sick juror, was
taken to his acme at fvo o'clock yesterday
afternoon, and at that time it was feared he
would not be able to attend the trial to-day
and thus cause a sudden termination of the
case. Later in the evening, however, his
condition was greatly improved. Mr.. Sailor,
when attacked, lost the power of his left
side.
Yesterday afternoon Congressman Brumm,
after he had left the witness stand, asked
permission of the court to speak to Mr..
Sailor, foreman of the jury. There being
no objection on the part of counsel, the
court granted the permission. Subsequently
the juror was taken sick, but refused to go
to his home and remained in the Judges
room listening to the arguments of counsel.
THE LAW POINT
The defense presented 40 points which it
asked the court to rule upon. The points
covered all Of the so counts in the indict-
ment, and cited laws and reasons which it
was contended legalized every one of the
numerous acts and expenditures of the de-
PENDANTS contested in the case. The first
point declared that the Commissioners are
not chargeable for more errors OF judgment,
and that whers they act from their best judg-
ment, oven though they may have erred they
are not responsible. The contract with the
General Electric Company for the dynamos
entered into without advertising is legalized
r because, it is alleged, this company had the
} exclusive right to furnish this character of
, dynamo, which was the only one suitable.
1t is held the Commissioner had the right to
employ Hill and Geary to make preliminary
plans, &c, without contract; that the pay
ment of interest on the McGurl warrant was
economy; that the entertainment Of the
Commissioners attending the state conven-
ton was discretionary and justifable; that
the funds expended to defeat the new county
bill was a wise and just expenditure. and not
extravagant or corrupt; that it was the duty
of the Controller to keep an account with
the Treasurer; that the Commissioners had
r no knowledg &c of the discrepancy of June 8,
'96, of s., 200 until January, '97; that the
. money paid prior thereto was innocently eK-
pended; that the Commissioners have no
s, knowledge whether there was a mistake by
~ the balm, y mistake in the accounts Of the
+, Treasurer, or wnetrurS&- money was taken
Id by some one else who may have g6tSl. lat
9, the bank, and that therefore there can be n
conviction of the defendants on this point
= 1t was further commended that the accounts o
q the County Auditors aud Controller are final
as to all the matters at issue. and not hayinl
been appealed from the expenditures ar
legalized.
ID All Of yesterday afternoon was taken up il
tie discussing the law points submitted by tn
tx defense, Attorneys RyOn and Ulrich ar uin.
II. for their approval by the court and Attorue,
at echalck presenting reasons aud authorize
IL why the court should not recognize them
ct They spoke until 5;45 o'clock, when Judg
Bechtel announced that each side would b
allowed three hours for speeches on the MOI
row, and he desired to have the case go to tn
ne jury on the same date, without further de
lay. Judge Bechtel was kept busy notin
the different authorities rejecting sophistr,
and in separating the chat from the wheat
so to speak.
Attorney Ulrich made an interesting state
ment about the Controllers act when con
- tending that the Commissioners had u RICH
~ to award contracts for masonry excavatin
and lighting without the approval of tn
court. He said that the Act of 1896
requiring the approval of the courts to con
tract for public buildings was passed by tn
endeavors Of the Luzerne county delegation
in the Legislature simply to prevent tn
erection Of a new court house in Wilkes
barre. Mr.. Ulrich said tho COMMISSIONS
there had contracted with an Ohio architec
for plans and specifications for a new cour
sh house for the sum of $50, 900; they had pai
$40, 900 on account and the architect got
judgment for the balance against the county
1t was desired to block the erection of tn
II, building, and, knowing the court was OF
rs posed to the design the bill was passed
I'd The speaker declared he was familiar wit
hs the whole affair.
Juror Sailor was on hand this mornin
looking pale, but otherwise appeared a.
right.
10 A. W. Schalck, Esq, made the first spesc
to the jury, beginning q few minutes afte
nine o'clock. He began by referring to tn
populations of Boss Tweed in New York cit
as which reached enormou sums until sue
les men as samuel j. Tilden and others bande
ed together and overthrow his power. Befor
that nc one questioned Twesd'a authorit
tv and W t was everybody's business was nj
body business. Individually those me
could nave accomplished nothing, but b
uniting they gained strength. So it is vii
William h.. Sheafer and those associated wit
at him in this prosecution Of the County Con
; missiOnerS. Not many men want to lose tn
time and money in bringing ~viOlAtors of IL
law to justice, and many a man would rattle
lose a dollar or twenty-five dollars a year, b
increase of taxes than go to the trouble
ss- suing about it.
L. Mr.. Schalck reviewed the evidence, couI
ut. by count and had reached the S., 500 warrar
drawn to the hospital contractor, whs
.s Judge Bechtel said it was l0;35 O'Clock an
p" he had already occupied one hour and a ha
but. that it being apparent the greater pa
all of the day would be taken up in speeche
ng aud he not desiring TO send the jury OF
ass this evening without supper, more espscisll
because one of the jurors is sick, he woul
suggest that MI. Schalck be allowed twent
es' minutes longer,
t Mr.. Mari remarked that if each side coul
not present its speeches in the tire hot
h. limit it could not do so in five hours.
nd 1t was finally agreed to accept the Court
,as suggestion and Mr., Schalck continued Ii
be speech.
ia Almost every count was covered b
Attorney Schalck, who made a powerfl
address. lie was given strict attention b
the jury and the fairly large audien,
At gathered to hear the batteries of e%loqusn,