The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-03-17
THE SCANLAN CASE.
Testimony Taken To-day on the Tax Bond
of 1896.


Pottsville, Mar. 1.-THE proceedings in
the case of the Borough of Shenandoah
against the sureties on the 1896 bond of Tax
Receiver Michael j. Scanlan came up here
this morning before Commissioner appointed
by the court to take testimony on the rule
procured by the bondsmen for the borough to
show cause why the Judgment entered on the
1896 bond should not be set aside,
There was quite an array of counsel at the
hearing, which was held in court room No. l.
Hon. James B. Reilly represeted Michael
Mellet and Mrs. Mary Melet A. W. Schalck,
Esq, Michael Pribula Nicholas Heblicb.
Esq, E. c. Brobst j. R. Coyle, Esq, Joseph
Rynkawicz and John Berg S. G. NJ. Hollo-
peter, Esq. Michael Pribula. Borough
Solicitor NJ. NJ. Burke with John F. Whalen.
Esq, as counsel, appeared in opposition.
George j. Wadlinger is also counsel for
John Berg and Michael Pribula, but was not
in attendance. He is under treatment at a
Philadelphia hospital.
Deputy Clerk of the Courts Shoener was the
first witness called and testified to the re.
returns on file in his office, showing the Ger.
tification of Mr.. Scanlan's elections as Re-
ceiver of Taxes of Shenandoah. He also
testified to the documents on file in the
office showing Mr.. Scanlan had qualified and
filed his bonds rs such official,
Frank Hanna, secretary of the Shenan-
doah School Board was the next witness
called. He testified that Mr.. Seanlan re.
ceived his duplicate and warrant fer 1896 in
the third week of January, 1897 but
Mr.. Scanlsn had made collections before
receiving the duplicate. The duplicate was
written by Mr.. Dewitt. The amount of the
1895 duplicate was S35, 1852 On this he
was allowed S3,0lS9s for generations
$751; s8 abatement, and the following COM
missions $2e5.71, s94.73 S239 AZ and $50. 26
making grand total Of IS, 1e1. .O3 in allow
ances. To the duplicate was added S7l3 .27 as
a penalty.
Mr.. Reilly conducted the direct examina-
tions of the witnesses and Mr.. Burke con
Quoted the cross-examinations.
On cross-examination Mr.. Hanna said that
the School Board fixed the 1896 tax levy on
the lst of July Of that year. Before the
duplicate and warrant for 1896 was delivered
to Mr.. Scanlan by the Board, Mr.. Scanlan
had collected $14, 900 in school taxes on that
duplicate. The total credits allowed by the
Board on the 1895 duplicate are $25, ,582. .76
and the balance now due is S9,5s4O6. Since
the judgment has been entered Mr.. Seanlan
has paid 5000, and is entitled to S3l so COM
mission, leaving O net balance Of S. 95s SO
due to this date.
On redirect examination by Mr.. Reilly the
latter asked Mr.. Hanna to produce the order,
or give the date of payment, to Mr.. Dewitt
for writing the 1896 duplicate, After some
search Mr.. Hanna referred to an order for $50
drawn to himself. Mr.. Reilly asked how
Mr. Hanna got the order, when he had tes-
tilted that Mr.. Dewitt wrote the duplicate,
and Mr.. Hanna explained that it was the
duty of the secretary to write the duplicate.
He got Mr. Dewitt to do so, drew the money
and paid Mr. Dewitt
Just before Mr. Hanna left the stand he
stated, in answer to question by Mr.. Burke.
that neither Mr.. Seaman nor any of his
bondsmen objected to the Auditors report of
the School Board on the '06 duplicate or any
credits thereon.
Tax Collector Scanlan was the next wit
ness. and remained under examination until
the noon recess. He stated that he received
his 1896 school duplicate in September, 1897.
Mr. Dewitt wrote the duplicate and gave it to
him (Scanlan) unfinished. A day or two
before the expiration of the sixty day settle.
ment period, he had had the duplicate only
two days when it was taken away from him
for the purpose of making copy therefrom