The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-03-29
MEYERS
CHARGES.
He Attacks Jurors and Counsel in His
Case.
SOME UNUSUAL EXCEPTIONS FILED
Jurors Alleged to Have Been Prejudiced
Against Him and Interested in Bringing
About His Conviction Ac-
cusations Also Made Against
One Of the Counsel.

BOttSVllle, Mar. S3.-lne lOlOWlug reasons ]
for a new trial for County Commissioner
Charles Meyers were filed to-day by his
counsel, Messrs. Smith, Wadlinger and
Berger
That the court erred.
First, In not quashing the bill Of indict- |
ment
Second, In denying the application Of the
defendant for the withdrawal of a juror and
a continuance.
Third, In not Withdrawing from the con
sideraton of the jury counts Nos. 7, S, 9 and
12 in the bill of Nov l3, 1897.
! Fourth In the admission of evidence Of
fered by the Commonwealth and objected to
by the defendant.
Fifth, In rejecting evidence offered by the
defendant.
Sixth, That the juror J. II. Dunkleberger
was incompetent to sit in the case for the
reason that he is a member of the Taxpayers
Association and has contributed money for
the prosecution of this defendant and other
county officials, and that this information
has come to the knowledge of the defendant
since the juror was sworn in the case
Seventh, That the juror Frank Webber
was incompetent to sit on the case for the
reason that he was and is an applicant fora ap-
pontment as County Commissioner, and
having voted for Charles Meyers, and being
legible to fill any vacancy caused by con-
viction and custer OF the defendant, was in
tSrested in bringing about a conviction Of the
defendant, and therefore not impartial and
unprsjudiced, and that this information has
come to the knowledge Of defendant since
the juror was sworn in the case.
Eighth, That the juror Elias Klinger was
incompetent to sit on the case, not being i'm
partial and unprejudiced, by having preju-
dice and feeling against the defendant ex-
pressed during the trial by the remark, ITO
hell with Charley Meyers" and that this in
formation came TO tho knowledge OF dCfen-
dant since the juror was sworn in the case
Ninth, That the court erred in its answers
to the defendants points, all Of which should
have been affirmed as submitted.
Tenth, That John L. Whalen, counsel for
\, the Commonwealth, in his closing argument,
made the following statements, unsupported
by the evidence, to the prejudice of the de-
fendant, viz:
(a) They called Mr. Christ to testify to
Meyers good character. He could have
given you some information as to the FIRE
plugs because he is the man that Bast said
he bought them from. We could have con-
tradicted Bast, but he was not inquired of as
to the fire plugs and we could not inquire
about it," o. They claim that we
have not shown that any Of the
money went into Meyers pocket.
We couldn't show that Allen, Rentz and
Martin got any money, but they have been
convicted. (c) He (Meyers) approved of his
friend Bast's bill and paid it to Bast-a poll
tical helper, word helper" (d) "They did
not want j. o. Ulrich He would have been
their most damaging witness If Ulrich was
hara ba would bav bal 70 In ,,t
j entitled to it, and would have given it
! away" (e) In speaking of the
! endorsement of approval on the
the contract Of J. A, Buchanan 4 Co. Mr.
Whaen said That is in the same hand,
writing as the rest of the endorsement, and
: was written by J, o. Ulrich. I called the
attention Of the jury in the case Of Allen
Rsntz and Martin to that endorsement and
charged Ulrich, in its presence, with having
: written it, and he didn't deny it," (f) In
= speaking of Daniel j. McGurl he said, 81
. don't know why his father left here lie was
= afraid to face the music" (g) In speaking
- Of the investigation made by the expert
:, Meyers, and of his report he said, "Meyer
= took some of the good Schuylkiu COUNTY
> beer, or bug juice" (h) The payment o
. this money was what these other Commi-
>, sioners were charged with and are you goin
- to let this fellow go? And of such thes
y, other parties were convicted"
, Eleventh, The jury after it was charge
= by the court, was illegally separated; tina
q one Charles GRADER, at about ten o'clock o
: the night Of March 21, 1s9s, and again 8
a four o'clock in the morning of March 2.
called Frank Webber, a juror out of the rool
C in which the jury was holding deliberatioI
e and on both occasions held nyersation wit
hin, tf he nd ,,rt tbo g,It g = L.. 4
fendant
a Twelfth, That one Charles GRADER, on tn
n night of March 2lst, sent a message to j. II
n Dunkleberger juror, without first havin
,r obtained permission from the court an
.o without the consent of the defendant, who's
rights were preiudced thereby.
l. FLENNuNG's CASE.
ID The sentence of Michael Flemmng, i'm
is plicated in tho Mahanoy City fire cases VIII
n pleaded guilty, will probably be impose
It, next Monday. He would have been sci
is fenced yesterday, but his attorney. jaime
ID W, Ryan, Esq was absent owing to th
D. death of a relative.
re A verdict for the defendant was renderC
to in the slander suit of Aaron Hoffman again
III Louis P. Eberly, before Judge Lyon. Il W
ly alleged that the defendant had said HotimI
ey could be bought for glass Of whiskey.
ne The damage suit of Mrs. ANNA Fry again
ne ex-Sheritf b. s. Duffy, of Ashland, and ST
n Lowenstein of Tamaqua, is on trial befo
Judge Endlich. Mrs. Fry alleges that
1887 Sheriff Duffy and others evicted her al
her daughter from their home in Tamaqu
. The latter was i'll at the time, and the d.
being very cold, her sickness was so a
Il gravated she lost her mind and was patie
at the NorristOwn and Harrisburg asylul