The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-01-28
LAWYERS
Are ANGRY
Judge Bechtel RebukeS the Counsel in
the Commissioners Trial.
PROCEEDINGS WERE INTERRUPTED.
Mr.. Allen Testifes in Reference to Mr..
Helms Birthday Celebration, and Says
the Lawyers Were Too Speedy For
the Painters -Rentz's Good
Character.

Pottsville, Jan. 2s.--The cross examination
of ex-CUmmissiOner Allen, one of the de-
PENDANTS, yesterday afternoon, was the oc-
casion for another encounter between counsel.
| The court was forced to rebuke them in strong
language. The enc unter occurred near the
close OF the afternoon session, when Messrs
Whalen and Schalck objected to Mr.. Marr's
method of re-examination, referring to
matters not previously referred to IN his
examination in chief
IF Mr.. Allen, said Mr.. Whalen. "did not
know on his crOss-examination about matters
he is now testfying to, how was his memory
refreshed. Perhaps hr Marr was speaking
to him"
This brought Mr.. Marr suddenly to his
feet with this remark That's none of your
business, whether | was talking to Allen or
not. He hasa right to advice as our client if
he choses."
A fierce cross-tire then occurred, until the
court insisted that it should cease, to which
MIR, Mari replied very angrily: II won't
allow Mr.. Whalen to point his finger at me
This examination is proper, even though it
does reopen the cross-examination OIL the
part of the Commonwealth"
The Court II tell you now that wont
allow it. 1t is reversing the order of ex-
animation and puts the Commonwealth to a
disadvantage If you have an offer, make it
and let the court rule upon it; but / repeat
will not allow that line of examination to
proceed" This ended the discussion.
The crOss-examination of Mr. Allen con-
tinued on the lines of the deal by which the
quo warranto proceedings against the witness
were stopped in consideration that the Con-
troller's salary and that of his deputies. to.
gether with $500 counsel fees were to be paid
The commonwealth alleges that the money
was taken from the county treasury to pay
these claims, but in his testimony Mr.. Allen
denied that such was the case and said it
was his own funds. He said THE money
was not drawn out of the county treasury by
others and given me to pay the fees and costs
in this settlement and case; ! don't remem-
ber that any of the Bills were held up by the
Controller"
Refer to the minutes and refresh your
memory" suggested Mr.. Whalen. The min
utes cited that the Commissioners would not
recognize Mr., b. r. Severn as Controller.
Mr.. Whalen inquired, how was it that all
shese bills that were held up were paid but
a few days after the agreement, but the wit
ness could not answer. The bills of Philip
Iedinsky for services to the Controller as
Interpreter were read and was among those
held up.
The witness was then shown a warrant
drawn September 25th 1894, in favor of b.
r. Severn, for $780, and signed by the three
Commissioners and asked how he reconciled
this with the minute book which showed
mo board present" He could not explain,
but said the clerk may have meant there was
no meeting. Warrants were also drawn the
same day in favor of f. G. Reese and George
p. Walker. On the 2sth of September a
warrant was drawn in favor of j. o. Ulrich,
while the minute book again showed mo
board present The witness could explain
this only by saying the clerk may have, under
| Instructions prepared the warrant
MIR. Whalen, after showing several other
bills which the witness could not explain,
read from the minutes of the Commission ers
that $500 be paid to VIM. Wilhelm for services
in the Supreme Court in the Auditors case,
and warrant drawn in favor of Thomas E.
| Samuels.
| LAWYERS LIKE BEER.
bill from Helms and WOll, dated May
9th, 1896, was shown the witness, and asked
| where credit was given Helms for S. fol-
painting done on May end, for which bill
was presented Witness said he could find
| no credit. The witness further stated he
knew there was beer in the court house base
ment on the occasion of Mr.. Helms birth
day, but the beer didn't last long. The
lawyers were the first ON hand.
Mr.. Allen thought the employees painting
the court house could not have lost much
time. They slipped down stairs, took a
drink and went back to work. No one got
drunk, The warrant amounting to $3.50
paid B. X. Severn for back salary shown
witness dated September, 1894. Witness
could not tell why the minutes showed that
only ordinary business was transacted That
matter was IN the hands of our chief clerk
Mr.. Connell.
Charles G. Reed first assistant clerk of the
Commissioners, was tho first witness called
by the defense this morning. He wa,
questioned by Mr.. Wilhelm with the purpose
of showing that he made annotations and cx-
plantations in writing upon the notes and
carbon copies of notes and resolutions with a
view OF showing that there were other way,
OF keeping the minutes besides on the
minute books
On cross examination by Mr. Whaen he
admitted he had made some Of the indOrse
ments testified to DO earlier than yesterday
and since this suit was instituted. He was
given the temporary loan notes and resOlu
tiOns by chief clerk Reber but he did no
know whether Reber got them in the 50
Gle" or not Some of the notes were not il
the,enyelOpe produced by the witness, ant
some>et the missing ones he thought were il
court
Q. Have you found the o. ginal note or tn,
carbon copy Of July 3, 1895?
| A. No, sir
Mr. Whitehouse | suppose they cOuldn'
find them after the Taxpayers Association