The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-12-19

IL on Jne parueS signing Jne DOnu anu Jne
Justices in cases Of this character, are not
compelled to remember all the circumstances
The testimony of Collector NJ. j. Scanlan
was inquired into by Judge Bechtel, who
said that the Collector would be placed in
peculiar circumstances should the name of
Mrs. Melet be declared forgery.
Borough Solicitor Burke presented num-
Der of authorities to show that the testimony
of Mrs Mellet was so fatty contradcted by
Mr.. Scanlsn, himself that the court could
hardly do anything else than discharge the
rule. He also said that the testimony of
Justices Cardiu and Toomey was such that,
while they did not remember all the circum-
stances that had been alleged, they unequiyo-
cally swore that Mrs. Melet was present
when the acknowledgement were taken.
John f. Whalen, Esq, concluded the ar
gument and agreed with the court on the
proposition that the burden of proof de-
vOlved upon Mrs. Melet. He also said that
the judgment should not be opened upon the
simply contradiction of bOndsman. Mrs
Melet's testimony he said, was contradc-
tory in many respects; notably in one in
stance, where she denied having signed the
1894 bond, and yet her name appears on that
bond, and she sold certain property some time
ago subject to her name appearing on that
bond. Mrs. Mellet first said that she first
learned that her name was on the 1895 bond
when hearing it talked about when she came
from Mahanoy City to Shenandoah about two
years ago; that she made no application to
Council at that time to have her name
stricken off. Mr.. Whalen also contended
that there was nothing in the case for the
defense but the mere testimony of Mrs. Mellet
while, on the other side, Scanlan's testimony
is direct and emphatic, and corrObOrated by
Justices Toomey and Cardn that the latter
both testified that they would not have taken
the Acknowledgements had not Mrs. Mellet
been present, Mr.. Whalen argued that all
the bOndsmen are now seeking to get under
cover. in anticipation of Mrs. Mellet being
relieved, and thus relieve the bondsmen
whose names appear on the bonds after Mrs
Mellet. He added that there would have
been nothing of this kind had not Mr.. Scan
Ian been defaulter, and concluded with the
submission that there was no occasion to dis
turb the Judgment entered. The court took
the papers and reserved its decision.
OTHER COURT NOTES.
M. NJ Burke, Esq, Borough Solicitor of
Shenandoah, to-day filed municipal liens
against the properties of Edward Downey,
Margaret Welsh, Mrs. Alvey Shortall, Mrs
Margaret Jones and Mrs. Mary Gallagher to
secure payment of the expenses incurred in
putting down pavements in front of proper
ties in Shenandoah.
NJ. M. Burke, Esq, also made application
this morning for the appointment of an
Auditor to make appropriation of the funds
in hands of the Sheriff from the sale of Tax
Collector Scanlan's store, and on Mr. Burke's
request j. X. Coyle, Esq, of Shenandoah,
was appointed Auditor by the court
In the divorce case of Dietrich VS.. Dietrich
decree was ordered by the court
An application was made for charter for
the Firemen's Association of Pottsville,
which is to receive the fire insurance tax
money paid to the borough.
In the case of Shenandoah Lodge No. 5gl,
|, o. o F., VS.. John A. Reilly the court this
morning dismissed the rule to show cause
why the appeal should not be stricken off.
The County Commissioners last Monday
presented to court petition to have Tax
Collector appointed for chuylkill Haven, as
the person elected had failed to file a bond
To-day the court declared vacancy III the
Office and appointed Luke Fisher as Tax
Collector of that town.
THAT MISSING $4,000.
Judge Endlch will be here next Thursday
| to hear argument on the motion for new
trial in the case of the Safe Deposit Bank rs
the County of Schuylkill in which the Jury
rendered verdict of $20,O and interest
against the county. Judge Endlich, it will
be remembered during the trial, reserved the
point as to whether payment made by the
bank to clerk of the County Commissioners
office was payment to the county This
point will also be argued at the same time.
1t is. therefore, probable that if the Court is
convinced that such payment was not a
payment to the county it may set aside the
verdict. County Solicitor Bechtel is confident
the county will not be compelled to pay the
100000 awarded by the jury, but if any
payment is made it will not be over $1,000 at
the largest.
| ARNOLD BRINGS SUIT.
Sheriff Toole placed the election proclama-
ton in three papers, one of them, represent
ing the minority party, being the Girardvile
Press and Times. Controller Snyder refuses
to approve the bill for the latter, on the
ground that it was illegal; claiming that the
other two papers were Democratic and that
the Girardville paper having supported the
Democratic nominees, should be so classed
also-thus violating the law so far as minority
representation is concerned Editor Arnold
puts forth the claim that he represented the
| mlHOIlly party III IudI bue lItSS anu lines
supported Swallow for Governor, and will
seek to recover by process of law. The law
empowers the Sheriff to publish the procla-
nation in two papers representing the
majority party and one representing the
party polling the next highest number OF
votes.
THE DEMOCRATIC REFoRMERs.
Quite number of prominent Democratic
} politicians were in Pottsvlle to-day and il
was expected the Poor Directors would make
public announcement of at least portion
of their appointments, but they failed to dc
so. The hungry place-hunters will continue
on the ragged-edge until few days before
the holidays, as the statement was made
that the appointments would not be an
nounced before that time. Notwithstanding
, Poor Director-elect Horgans public statemen
that he and his colleague would practically
ignore the communication of the Taxpayers
! Association, suggesting the dispensing of
number of useless positions and the reduction
of salaries, it is known that the DemOcrati
members have held several conferences will
/, w. l.. Sheafer relative TO these matters Th
Taxpayers Association communication
therefore, may be productive of much bene
fit to the taxpayers at large.