The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-31
LAST COURT SESSION.
PottsviIie MIN Sale Confirmed Brennan's
New Trial Motion Argued

i N''Nif " oNA W ANb fNAln AAhlh august ISL
1899, aud to qualify as required by said Act
| Sixth District William Seager. shenan-
doah David Williams. VIM. Penn William
H. Paul, Mahanoy City Peter Toole, shen-
andoah; Patrick Connors, Shenandoah :.
James S. Harper, Mahanoy City.
| Seveuth.-W. J. Yorwarth, Centrllia ::
David Cover, Ashland; p J. Mclaughlin.
Mt. Carmel John Drumheiser. Shamokin ::
Thomas Grady, Sr.. Mt. Carmel; John
| Wagner Ashland.
! Eighth.-David G.. Thompson. Tower City;
Joseph +. Jones, St. Clair Thomas Holland,
Frailey townships John ]. Daley, Cumbola ::
William II. Leong, fremont; Timothy
Reardon, North Cass township.
BOILING MILL SALE CONFIRMED.
The sale of the Pottsviile Iron and Steel
Company's mills was this morning confirmed
to Henry p. Brown Esq, Of Philadelphia,
who represents the Receivers creditors and
made bid of S27, 500, in addition to assum-
ing the first mortgage held by the Hanson
Atkins Estate, amounting, with interest, to
| 100000. Judge Bechte disallowed the book
accounts, amounting to $50, 900, saying that
their sale was not included In the order Of
sale, and also stated that Mr.. Brown had
agreed to take the property at the price
mentioned waiving all right to the book ac-
counts.
Benjamin F. Cumming, Esq, had excep.
tions noted in behalf Of the Miners National
Bank and Baird Snyder, trustee. L. d.
Smith, Esq. had exceptions noted in behalf
of the Safe Deposit Bank of Pottsville. If
appeals are taken to the Supreme Court the
operation of the mills will be delayed until
the appeals are passed upon.
The court read q long opinion, giving rea-
IgN,, . l., ,E4.... a.
in brief stated that 65 per cent, or more than
half the creditors, Joined in the application
for the sale That after many delays and
while the property was depreciating in value,
it seemed only equitable to bring about the
sale. The property was made subject to the
first mortgage, and dover right of
the Hanson Atkins Estate. and free
Of the second mortgage claims and
the Receivers debts, amounting in all 20
S365 900. The court said the sale would give
the purchaser the same title as If the sale had
i been on the first mortgage and the rights OF
all the creditors were the same. The
minority of the bondholders had no right, he
said, to control the property, nothing but
more costs and further depreciation could
follow additional delay. The court COM
planned that additional counsel now appear
to oppose the sale in behalf of bOndholders
who some time ago agreed to the urging OF
the sale This action, the court said, placed
it in peculiar position. The property is
idle and nothing but mastery inactivity" Is
the only way such action on the part of the
bondholders can be described. The court
added I'VE regard it as our duty to confirm
this sale and order that an itemized list ol
material sold be delivered to the purchaser
and a copy filed with the Prothonotary."
S. H. Kaercher, Esq. one of the counsel
for the receiver, said he expected to reach an
amicable conclusion with the dissenting
creditors, so that the mills may start in few
weeks. When running full handed the mills
and furnaces employ about 1000 men and
boys, and from $4,000 to $4,000 is paid out
monthly.
THE BRENNAN CASE.
, This morning Hon. Charles N. Brumm
Capt. George w. Dyson and James P. Elan.
nigsn, Esq, appeared in court and supported
a motion for a new trial for Thomas Brennan
who was recently convicted of murder in the
l first degree for killing Henry Elliott on June
] ?, 1899, in New Philadelphia. Brennan was
in court looking i'll at ease None of his
relatives were with him. Deputy Sheriff
. Opie sat at his side. number of Elliott's
relatives were present, including his mother
Captain Dyson submitted three additional
reasons, making eleven in all, why a new
trial should be granted. The ninth claims
the court erred in allowing the Common
wealth to correct their own record and to
call witnesses to correct the same. The
! tenth, that the court erred in ruling out the
} testimony of the defendant as to the analysis
of the liquor drank by Brennan. The
eleventh. that the court erred In allowing
the witnesses on cross-examinatiop to express
their opinion as to good character.
Mr.. Brumm asserted that the develop
ments at the trial proved that the objection
made by the District Attorney to the delay
viz that Mrs. Elliott an important witness,
might never after be able to appear, was un-
founded, because the fact of the killing was
} never denied by the defense and, conse-
! quently, it did not make much difference
whether she appeared or not. He said he had
} used strong language when he said, in
objecting to the trial proceeding, he was
against being dragged to trial to be dragged
to the gallOws," but now he believed the
language was justifable. The court erred in
compelling the defense to exhaust one OF
their challenges in preventing the swearing
OF Amandus Zehner as juror, when he
stated plainly that it would take testimony
to remove his opinion. He said he also OBJ
jected to the standing aside of w. w. Davis
a talesman.
District Attorney Bechtel produced Su.
preme Court decision sustaining this action
but Mr.. Brumm said he believed it to be bad
law, no matter who sustained it.
Mr. Brumm then took up the drawing OF
the fifty special jurymen from Pottsville and
immediate vicinity, instead Of from "thC
four quarters of the county" He said he
didn't contend that the Sheriff should
go TO the farthest points. but thai
spirit of the law should be kept to as closely
as possible. Only two were taken outside oi
Pottsville The court also erred in moi
compelling the Commonwealth 10 call as !
witness Edward Flanagan, whose testimony
before the COroner's inquest was favorable tC
the prisoner. The defense is in the hands o.
the Commonwealth just as much as the cas-,
Of the prosecution, 1t was therefore,
mistrial. The character of the defend
ant his reputation for peace ant
good order prior 70 the killing. his condition
whether drunk or sober at the time, Mr.
Brumm claimed, was very material, and h,
said it was the duty of the District Attorney
to draw out all the facts, and not a sharI
lawyer with but one object in view-convic
ton Relative to the courts action in no
permitting testimony as to the attempt t,
have "the rot gut whiskey" analyzed Mr.
Brumm said that, considering the heinou
/. crime, the presence of the wifi
+ and mother and pratling children at the tim,