The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-03-21
NEWS FROM THE COURT.
Former County Commissioners Denied "A
New TriaI-Reasons Given.

New Trlal-Reasons Given. |
Pottsville, Mar 2l-Judge Bechtel this !
morning discharged the rule for new trial
in the sase of w. l.. Shaefer, agent for the :
Taxpayers Association, against former
County Commissioners Rentz, Martin and |
Allen. The Judge read long opinion Civ :
ing his reasons in detail for refusing the new
trial and paid a high tribute to the jury in +:
the case VIM. A. Mari, Esq., had an excep-
ton noted to the decision.
Judge Bechtel cited several authorities and
stated that the claim of the defense that the
verdict was against the law and evidence
was not upheld by the arguments, or the
facts. In approving the finding of the jury
as to the first count he said the Commits
sioners should undoubtedly have included
the $50 600 temporary loan in the financial
statement filed before making the S75, 900
loan. He denied that the verdict of not
guilty as to the 1lth count and that of guilty
as to the 21st count were inconsistent. The
1lth count charges the Illegal letting of
contract to Joseph w. Geary, while the 2lst
alleged the illegal payment of Sl,6S9 to
Joseph w. Geary for work on the contract
referred to in the 11th count. There is
nothing inconsistent because the jury found |
the letting of the contract was not illegal, .
because haste was necessary. Yet they we've
justified by the evidence in finding the de-
PENDANTS guilty of paying excessive charges |
on the 2lst count.
! As to the 14th count, charging that 5000
was paid to Koch Bros and Peter Betz for
painting the inside of the court house with
out having advertised for bids as required by
the statutes, Judge Bechtel said the conten-
ton of the defendants that they believed the
| fifth and tenth sections of the Controller Act
unconstitutional is not warranted by the
facts In the case of Lloyd vs.. Smith, 175
Pa, the Supreme Court declared the
Controller Act constitutional and the
defendants were legally bound to
know, and did know of the decision. Their
claims that they were advised by their solici-
tor is also no excuse. 1t was matter for the
Jury to decide and the conduct of the defen
dants in this matter seemed defiance Of the
law. 1t is not surprising that a conscientious
jury found such a verdict, and they were
justified in doing it.
The 18th count was claimed to be not es-
tablished. The court fixed S., 600 for the ell
tire compensation of VIM. ID. Hill, the archi-
tect of the almshouse improvements, yet on
May 1lth. the very day the court fixed the
compensation, and just before the court
signed the contract, the defendants,
unknown 10 IHe court, pdlu Si,o~p duultlbhdl
4 to Architect Hill or 2l per cent. on S65,OOO,
the then estimated cost of the buildings.
They said they believed the $4,000 was for
, future services only and that they were
justified in paying Sl625 for preliminary
studies etc If that be so, why require the
= approval of the court at all To sustain such
Y contention would be fraud. In the con
tract it is agreed that he furnish the prelim-
mary studies and receive $4,000 as his entire
compensation. If the contract does not
L Al, f.. mar ha Il
to make proper contract in any other way.
< The testimony of Judge Pershing was re-
b ferred TO and the last clause of the contract
5 described as doubtful, or intended to mislead
8 the court. The total amount paid To Archl-
e tect Hill was So 204. so. Just a little more
- than five per cent. on S65 600, indicating that
the defendants proposed paying Hill five per
o cent, whether the court approved 1t, or not.
e An impartial examination of the testimony
= serves to lead to the conclusion that the jury
Il was justified in convicting upon the nineteen
counts specified.
The 23rd count, charged illegal payment
| of S1S3 for surveying and laying out a pro
posed independent school district in North
a Mannheim township. This is described as an
excessive charge and the Judge said the law
s clearly says the district, and not the county,
should pay the costs when new district is
created, and when not created the petitioners
must pay them.
Il The verdict of the jury was supported by
e the evidence and the jury showed an inteli-
: gent appreciation of the case in conycting on
: 10 counts and acquitting on Ia counts, care
. fully certifying their verdict in writing on
's each count, Four weeks were occupied on
+. the trial and the jury spent "a hours in de-
1t liberation new trial under the circum-
h stances would not be justified, and it is not
r certain that any other jury could do any
1f better.
e. DIR. RAsMUs FREED.
In tba hahsas cornus nroceedings of DR.
Rasmus, of MahanOy City, against Warden
If Brewer of the county prison, Judge Koch on
Saturday released the doctor under 5000 bail
This morning Judge Koch finally disposed Of
the case by releasing Dr. Rasmus altogether
re ON the ground that the Justice who com
III mitted him had no jurisdiction under the law
- and also that the testimony did not warrant
,e the charge of violation preferred against the
is physician, The Acts of Assembly of lS3s
~ and 1889 were cited. The Justice, Neal I
VI Brennan, was elected in Mahanoy township
10 ana has am office there. He also has one he
ht calls a consulting office at 320 Centre street
es Mahanoy City where the hearing IN Tho
OF Rasmus case was heard. The statutes show
at the ease must he tried in the district whor'
81 the Justice has been elected.
" THE MEYERS CASE.
ne In the case of County Commissioner Meyer
en- Judge Bechtel concluded his address to thu
is jury shortly after four o'clock this afternoon
ed NOTES.
NJ. NJ. Burko Esq, had the bond Of T. }
Mullahy treasurer Of the borough OF shen
ne andOah approved,
On Judge Lyon, Of Juniata county, will b'
here on Friday to hear motions.
Judge Koch discharged the rule In th'
Is, case OF Boyle against ritman. This IS a re
iy fusal to put the appeal of the defendan
eh from the Justice on record. The answer o
c. the PrOthOnotary denied that a transcript