The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-06-19
CASES AT
THE COURT !
Judge BechteI Decides the Tax Collector
Scanlan Cases.
ONE OF THE RULES DISMISSED
Judgment on the 1895 Bond Allowed to
stand-Judgment on the 1896 Bond
opened For Trial by Jury.
Boroughs Lien to Stand.

NpNhCh VI q AAAaA W jury
Boroughs Lien to Stand.
Pottsville, June 10.--Criminal court opened
this morning for the last two weeks term be-
fore the summer vacation. There was very
large attendance, which included the grand
and petit jurors. principals and witnesses in
the various cases, aud the usual number of
onlookers. While waiting for the opening Of
court District Attorney Bechtel was asked
by the reporters il he intended to run for re-
nomination, and he satisfied their curiosity
by saying that he so intends.
THE sCANLAN CASES.
In the two cases of the Commonwealth VS..
NJ. J. Scanlan, formerly Tax Collector of
Shenandoah, and the sureties on his bonds Of
1895 and 1896 the rule to open the judgment
as to the 1895 duplicate was discharged
for reasons verbally stated. The rule to open
the judgment as to the 1896 duplicate was
made absolute, and the Judgment opened,
but the lien is to remain as to the borough
duplicate only, and not as to the school dup
licate, Exceptions we're noted by Mr.. Holo-
peter on the 1895 decision in behalf Of some of
the sureties; by Mr.. Schalck for some school
tax bond sureties as to the 1896 decision and
by Mr.. Whalen for the borough, as to the
latter decision. One of the main reasons
why the Judgment on the 1896 bond is opened
Is that the balance charged against the tax
collector was only estimated, and not made
certain by the account filed. 1t is for this
reason that trial by jury is deemed advis-
able, as to the correct amount due.
TUE PoTTsvILLE ROLLING MILL.
In the matter Of the rule to sell the prop
erty of the Pottsville Iron and Steel Com
moi Fl,s.y. / =
July 10, at ~ o'clock, noon. The property is
is to be seld clear of all incum-
| brances except the first mortgage,
which is dover right in favor
of Mrs. Hanson Atkins. the terms of pur-
chase to be $4,000 down and the balance
when the court approves the sale, the return
of which must be made to court for examina-
| tion before the sale will become final
JUDGE BECHTEL's WARNING.
Referring to the case of the Taxpayers
Association VS.. Ex-County Commissioners end
others on the appeal from the County Con-
troller's report for 1897, and rule to show
cause why an issue should not be framed and
trial by jury granted, Judge Beehte init
mated that counsel, owing to the hot
weather, or some other cause, had not filed
with him their briefs during the week. One
letter was mailed him at 5 O'Clock this morn
ing and he received the last brief while mt
the breakfast table. If, therefore, the case is
not disposed of before the summer vacation,
the fault must not be laid at his door.
A CONDITIONAL RULING.
The rule for new trial in the suit of
Washington Camp No. 73, of Cressona,
against s. P. Thomas, former treasurer, and
his sureties, the court said the rule would be
discharged and the new trial refused pro-
Vided the camp RENTS the amount of SIP so,
interest paid by S. p Thomas, and also
the interest allowed by the jury for the
period before his term of office expired, re-
ducing the award to S647.5O.
THE BRENNAN AND OIL CASES.
The trial of Thomas Brennan on a charge
of numbering Henry Elliott at New Phila-
delphia is fixed for next Monday, but no date
has been set for the case of Oliver Oil for
wrecking P. & R. passenger train at Zehner's
near Tamaqua, and causing the deaths of En-
gineer Grier and Fireman Short
OTHER CASES.
The petition of Mary R. Vert by her
next friend, John Seifert, for divorce from
Daniel w. Vert was granted.
Motion for new trial in this case of the
Commonwealth VS.. Thomas Reese was re-
fused.
In the case of Mrs. Frank Sparr to compel
her father-in-law, John Sparr, to support her
children, rule discharged with costs on the
petitioner.
The petition Of Sarah Miley for divorce
from Uriah Miley was filed.
Judgments in default of answers were
asked in the case of Roig VS.. Knight and
Girard S. F. and L. Association VS.. Robert
and Margaret Todd.
| Tho ansvUar of Franz Karobuar - tlo
petition in the case of Kistler to the use of
Behler vs. Charles o. Miller was filed.
! The rule on the plaintiff in the case of
William Berger VS.. Francis Berger to show
cause why the determination to select arbi-
traitors should not be stricken from the record
was granted, returnable next Monday.
The time for filing answer was extended to
the next term, in the suit Of Edward 0'Brien
VS.. East Union township.
Peter A. Folk was appointed Chief Bur-
CESS of Auburn to fill vacancy.
The names of Walter G.. Treibly, Michael
Kilcur and w. b. Durkin, law students, were
handed to court as applicants for examina-
tion by the Bar committee next month.
CUSTER BOUGHT.
A petition asking that the East Norwegian
Township School Board be Ousted for failure
to organize within the time limit was filed
aud argument will be made next Monday.
BONDS APPROVED.
Hugh McGovern, treasurer of Reilly town
ship, $4,000; w. G. Hack treasurer of Ire
mont School District, $1,000; Edward Fisher,
treasurer of Newcastle School District, 5000;
Charles Bensinger, treasurer of Mahanoy
City School District, 100000
coNsTABLEs' RETVRNs.
Judge Bechtel questioned Constables closely
when they made their quarterly returns,
Constable Matt Giblou, First ward of Shen-
andoah, answered that the parties who
fought there on Sunday, recently, were under
arrest and the case had been returned to
court. He said he knew of no liquor selling
ON Sunday.
Constable Joseph Peters, of West Mahanoy
township, knew of no speak -easies there and
explained the Sunday fighting by saying
/ there was general use of beer on Sundays by
the Huns and Poles.
Constable #. NJ. Bolin reported Peter Vas
ciewicz for violating the liquor laws anC
keeping gambling place.
DEAIPsTER SENTENCED.
William Dempster, of Shenandoah, pleaded
guilty TO a charge of assault and battery will
intent to kill made by his father, Robert
. and Judge Bechtel gave him the costs, s.
0 fine and two years imprisonment.
0 LICENSE TRANSFERRED.
The saloon license of Mrs Hannah Shields