The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-01-08
THE TRIAL BEGINS.
The County Commissioners Called for
Trial This Morning.

Rentz and John p Martin was called at il:2o
o'clock this morning by District Attorney
Bcchtel. At the table with him sat the rep.
rcscntativcs Of the Taxpayers Assuciatiuu,
A. w. SchalK, Fergus Farquhar John f.
Whalcu G., A Snyder aud c. A. Bciucr.
Hon. John W. Ryon, w. j. Whitchouso
and VIM. A. Mari, Esqs., were on hand, but
Mr. Ryon objected to trial at this timc in the
absence of Mr. Ulrich, counsel for Mr.. Allen,
who is still Ill., Judge Bcchtcl said me
thought three counsel sufficient for the trial
Of this case.
The District Attorney offered the addi-
tionaI indictments found by the Grand jury
this week, but Mr.. Ryon objected ON the
ground that they had not yet had the chance
to even read the new bills.
Judge Bcchtel suggested that the selection
Of jury be proceeded with aud that The arr
gument about the new bills of Indictment
could be heard later
Stenognphor Patterson is taking down the
proceedings officially
Mr.. Ryon filed the affidavit of cx Com
missioner Allen stating that John q. lIfich.
his counsel, is down with tuusilitis, and that
he had not consulted any other attorney
about the case. Going TO trial without him
would, in his opinion, ieopardizc his case
The affidavit was ordered filed. Mr. Ryou
further objected to the selection Of jury on
saturday and allowing them to go hem" and
minglo with the public, especially as certain
powerful interests are array,d against the
Commissioners. He said the proceeding WIS
unusual and unnecessary
Mr.. Ryon said Mr.. Allen expected - tclo.
gram at noon from DR.. Drcher Of Tamaqua,
about the condition Of Mr. UhicL To pro.
cced now would be to practically uulify one
of the defendants. 1t was unusual TO do 50.
and Mr.. Ryou could see no circumstances in
the case to warrant such proceeding The
Commissioners are not going 10 run AWAY.
All they want is fair trial. The ctse is just
rs important TO the Commissioners a- to the
Commonwealth
Mr. Ryon sprung sensation when he
charged that the November panel Of jurors,
from which this jury is to be selected was
illegally drawn, and that motion would be
made to quash the indictments reasons 10 he
| filed later.
The Commonwealth claimed the defense
had agreed earlier in the week to 90 on il
granted Il delay, and complained that they
now come in and ask anotl er delay. Mr.
Schalck contended that the Commissioner.
were indicted jointly, and rs Board OF
Commissioner, and there is no good reason
to postpone because of the absence Of one OF
the counsel.
Judge Bechtel stated that the counsel foi
the defendants agreed to 60 to trial this
morning. They also promised to keep the
court informed as to the illness Of Mr. VI.
! rich, but they have not kept that promise
| The court also stated that Judge Sayidgc.
out of regard for the feelings of Mr.. Ryon.
] hA 1.
not been for that an earlier date would have
| been fixed.
| Mr. Ryon here stated that his col eaeuo
had a consultation with ex Sheriff Scott and
the latter will testify as to the illegality OF
filling the jury wheel. He then moved tc
quash the array Of Grand Jurors drawn fol
November on the ground that the law
had not been complied with a,
to the manner Of selecting and
depositing names in the jury wheel. and
that the selected panel was Irregular, illegal
aud void He said further that the Shcrin
and Jury Commissioners did not secure tn,
jury wheel in the manner required by law
and the deposit of the jury wheel key was
made illegally. Further that the present
Grand Jury was not selected in accord with
the Act of Assembly, at least thirty days be.
fore this time.
Judge Bcchtel said the names were put In
the wheel over a year ago, to which Mr.
| Ryon replied That is all right; but they
should have been drawn from the wheel fol
! 1895 instead Of 1897 as was done"
Judge Bcchtel requested the attorneys t.
90 ON with the evidence in support Of Tia,
motion, His Honor then stated "Th,
lawyers are not ready to proceed with tn,
| evidence as directed, and the Clerk Of tn,
Courts will call the jury" which was pro
ceeded with just previous to the noon recess
When the court reOpencd at o'clock thi,
afternoon the selection Of jury was pro
ceeded with. William Wilhelm. E,u, on,
Of the counsel for the defense put hyputhc'.
/ ical question to each iurymau who took The
| stand, in this style: IF the evidence showed
that the Commissioners were merely guilty
| OF mistake, and not of any criminal intent
aud YOU an emplOye Of the i. ~ T. G. & l.
Co., would you, in fear Of losing your posi-.
/ ton, feel bound to bring in Il verdict of
guilty TO save your jOb2"
Each juror was questioned by the Com
n0nwealth about his relations with the de.
| PENDANTS, aud the lattcr's counsel asked
whether the juror was ever employed by
either Of the p, q r. companies, or the Lee
! high Valley Coal d Navigation Compauv
aud finally Mr.. Wilhelm's hypothetical que.
ton was fired at him. Each juror was also
asked if the Coal & Iron police had been
talking to him about tho case or in any re.
spect, since the jurors had been summoned
Mr. Wilhelm's questions got the full force OF
! Mr. Whalen's sarcastic humorous remarks
William A Womer, cigar box mauulac.
turer Of POttsvile, was stood aside. Edward
Casey, labOrer, Ashland, worked for the +.
& X. G. & |. Co. Challenged by the defeuso
Sustained by the court. Charles Sailor
/ lumber merchant, POttsyile accepted as
juror No. /, Frank Schooner. tcamstcr.
| Schuylkill township; knew Commissioner.
Allen aud Martin Samuel C.. Boyer, Port
! Clinton, merchant, accepted as juror No.
2 James Shollenberger Pincgrovc. Knew
Commissioner Martin. Had no opinion on
the case. Was not approached by G. q /.
police. Stood aside. Harry Christ, of New.
town, Reilly township. Never heard of the
case. stood aside. William Dietrich, car
| pentcr HOrkyille. Formerly employed by
the i, * X. G. & /. Co. Stood aside William
| II. Christ Auburn, cabinet maker. Worked
| for the J.. & X G., & /. Co. years ago, when "a
boy. Stood aside. H. j Krlu, Justice OF
the Peace, Chief Burgess aud Assessor Of
! Port Clinton. Had no opinion on the case
and had no dealings with the Commissioners,
except about the assessments. Was accepted
as Juror No. s.
Arrested ON suspicion,
] Isg fult D.It u