The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-02-21
P%0TTSVILLE COURT.
Judge Koch and Bechtel on the Bench In
Motion Court.

Motion Court.
Pottsville, Feb. 2l.-Judges Bechtel and
Koch were on the bench this morning and
heard motions and other matters brought to
their attention.
The arbitration to determine who owns the
land occupied by a tenant of Mrs. Winifred
Cleary, at Lost Greek, upon petition Of the
Girard Estate, will be held on Saturday.
The arbitrator are c. f. King, Henry c..
Matten and Andrew Cochran.
w. A. Mari, counsel for the Lakeside Rail
way Co., has filed answer TO the petition of
the Borough of Shenandoah that a prelimi-
nary injunction be granted restraining the
company from operating its cars in Sbenan-
doah until they comply with the ordinance
and lower their tracks on East Centre street
to grade The company claims to have
placed their tracks at the grade given by the
borough authorities. No date has been fixed
for argument.
Judge Endlich filed his decision in several
cases tried before him upon application fer
new trials. The case of Haley VS.. Borough
Of Mahanoy City, application for new trial;
rule to show cause was discharged.
The case of Samuel Block VS.. John BOWL
ing and Thomas Bolin, the rule to show
cause was also discharged.
Michael Kersla VS.. S|chuylkill Traction Co.,
the motion for a new trial was overruled.
The case of Julia Ward, of Shenandoah, VS..
Lakeside Railway Company, in which the
prosecutor was awarded damage at the last
term Of court fer the loss of a horse and
other damages, Judge Endlich overruled
the motion in arrest Of judgment, and IA new
trial was refused ON condition that the plain
tiff accept a reduction in the verdict, making
the sum S165 with interest. Should they re.
fuse a new trial is granted. NJ. NJ. Burke,
Esq, represented Ward and McHenry vii.
helm the company.
James Smith, of Shenandoah. who brought
suit for damages against the Lehigh Valley
Railroad Company, was refused II new trial
on a n%on.suit. Mr.. Wadlinger asked for an
exception and it was noted.
L. w. Shoemaker, ESQ, filed the report of
the examiner in the divorce proceedings OF
Catherine Lord VS.. John Lord.
The bond of Andrew Deane, Supervisor.
elect of West Mahanoy township. in the sum
of $500, with John J. Moran as surety, wa,
filed and approved by court.
John j. Delaney. convicted of selling
liquor without "A license, and sentenced ia
pay $500 fine and costs and imprisonment
made application for discharge. being un.
able to pay the fine and costs. The court or
dered his discharge.
The case of Christ. Schmidt VS.. Michael
Pollock defendant and William Shmielewsky
and John Bushkewich, garnishees, an APP
plication being made on the part of the
garnishees, court ordered that the applica
ton to open judgment be granted and the
garnishee permitted to make a defense.
Bushkewich agreed to purchase a saloon pro-
vided he could secure the license, but his
application was refused he having violated
the license law.
A. w. Schalk, Esq, called the courts
attention to the agreement made that the day
for argument ON the motion for a new trial
for the County Commissioners found guilty
of misdemeanOr in office, was to be fixed
to-day. The court this morning filed its
charge in writing, the stenographer had a
portion of the testimony, the most essential
portion thereof, written out, and the courts
charge. Mr.. Schalck said the case should be
disposed of before the beginning of the
March term of court, that if it is not it will
drag along for several weeks and perhaps
months. To wait until the balance of the
testimony is transcribed would necessitate a
delay of three or four weeks. The court
stated that any day next week would do for
argument anu suggested that counsel agree
on next Tuesday or Wednesday, The
counsel for the defense wanted time for con.
sultation, and later in the day agreed on
Tuesday next as the day for argument.
One of the counsel for the Taxpayers As.
ISOLATION intimated that if the Commits.
sioners fought for delay with a view to re.
tanning their present offices, the case against
the present board of Commissioners would
be pushed. He also said the case against the
Controller would very likely be called fol
trial during the first week of the March
term of court.