The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-03-04
MOTION FOR
NEW TRIAL.
Strong Pleas Made For the County Com
miSsiOnerS To-Day.
RESERVATIONS NOT PRESENTED
Deferred by Commissioner Meyers Friends
Taxpayers Association Meets and
Decides to Prosecute all Cases and
Entertain no Propositions
on Behalf Of the
Accused
Special to EVENING HERALD.

Special to EVENING HERALD
Pottsvlle, March 4.-Much interest was
manifested to-day in the argument before
Judge Bechte on the motion for a new trial
in behalf of County Commissioners Rentz
and Martin and ex-County Commissioner
Charles f. Allen, found guilty at the last
term Of court of misdemeanor in office.
Counsel for the Commonwealth and defen.
dants were ON hand in force.
1t was expected that proposition from the
defendants with view to the settlement of
the case would be submitted to the court,
but it failed to materialize
The rumored proposition was to the effect
that the present County Commissioners
Rentz, Martin and Meyers and Controller
Severn would tender their designations from
| their respective offices, provided the Tax
payers Association would withdraw the civil
and criminal prosecutions against these off
cials. The proposition also carried with it
the payment Of all costs by the defendants.
The reason for the failure of settlement
is the refusal of Commissioner Meyers, whose
trial has not been reached to resign. Some
of his friends have urged him to stand trial,
while others think he is making a mistake.
The Taxpayers Association held a meet
ing last night and, in view of the refusal of
Mr.. Meyers to resign, has decided to 20
ahead with all prosecutions and will refuse
to entertain any proposition of similar
character. 1t is believed however that
within the next few days the designations
will he fled An intimation to this effect
was given out this afternoon from a reliable
source.
The argument before Judge Bechtel began
at ten o'clock this morning and concluded at
1880. John o. Ulrich and w. A. Marr. Esqs
spoke for the new trial. A. w. Schalck and
John F. Whalen, Esqs., appeared for the
Commonwealth
Before the argument opened Mr.. Ulrich
made strong appeal for a continuance on
the ground that the defendants had not seen
the charge of the court. Judge Bechtel re-
Piled that 1t had been written out and placed
in the hands of the proper officials. Further
more his Honor said, it was agreed that the
arguments would be heard to-day and so far
as the court was concerned no postponement
would be allowed.
MIR. Ulrich then proceeded to make the
argument for new trial on the grounds that
the verdict was contrary to the law and ev.
dence. Also that the matter alleged in the
indictment was a proper subject for the
County Auditors and they should have been
indicted instead of the Commissioners That
the County Auditors filed their report and it
stanus approved by the court as a Judgment
on the acts of the defendants. The Commits
sioners, continued Mr. Ulrich, have always
acted upon the advice of their Solicitor and
II they made mistakes it was only human
nature. They were not charged with fraud
ulent or criminal neglect, nor has any county
money been traced to their pockets They
spent money judicously and the buildings
they erected are there to-day. At the same
time Mr. UlTich declared that the verdict
was that of fool jury.
| Mr.. Ulrich made severe attack upon
Judge Pershing during his address, saying
that his Mr.. Ulrich's testimony and that of
the defendants was Ms worthy of belief as
was Judge Pershing's. He added that Judge
Pershing was an old man with his mind i'm
paired and he had forgotten many things
that transpired between him and the Com
missiOners.
Mr.. Schalck followed Mr. Ulrich and had
very little to say. He replied to one or two
law points submitted by MI. Ulrich and said
he could do full justice to the case in a few
remarks, as counsel on the other side had
s'mmered down to the old question of argu-
ing that the verdict was against the law and
evidence. He said this point had been
argued all through the case.
| hr. Whalen followed briefly and Mr.. Mari
closed tor the defense, making very strong
argument. One point he made WAS on one
of the indictments in reference to painting
the inside of the court house. He said that
| during the trial the Common wealth aeknowl.
edged that they had no evidence to sustain
the count and dropped it, and that they told
defense that they need not produce any evi.
dence on that point, and they didn't. Not.
Withstanding that the jury brought in q
verdict Of guilty on that count. Mr.. Mari
claimed that was sufficient for a new trial in
itself. He also claimed that there was nc
court that would sustain verdict in view OF
the fact that the Commissioners, in all their
acts, had acted in accordance with the advice
given by their Solicitor; and that if the
Commissioners had gone contrary to the ad.
vice of their Solicitor there Wonld have been
a great howl, but where they had acted off
cially upon the advice of their Solicitor nc
court would find them guilty.
Judge Bechtel has reserved his decision
1t is expected in day or tive. The general
impression is that a new trial will be
refused.
seven-0uart Niclle Plated Tea Kettle
Given away, free, with every one pound