The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-06-12
CASES At
THE COURT !
Decisions by Judges Bechtel and Mari
This Morning.
RULE ON AN ALLEGED FORGERY
Judgment Entered Against BOndsman
Opened to Allow Him to Prove the
Charge-Pottsvill Iron and
Steel Company Case
Argued.

Pottsville, June 12.-Judge Bechtel this
morning handed down a number Of decisions,
among them one in the case Of the Columbis
Brewing Company against Patrick McGsrry.
Thomas Devlin and John Childs, on a rule to
open judgment as to Devlin. The iuds-
ment was opened and Devlin allowed TO come
in and defend, the lien to remain. The court
said the testimony indicated that Devlin's
name was forged to the bond and he must be
given a chance to prove this fact. McGarry
is saloonkeeper at Mil Creek and on the
bond that he gave to the Columbia Brewing
Company the name of Devlin appears Nc
Garry failed In business and Devlin was
asked to make good his part Of the bond.
He objected on the ground stated.
A DEFECTIVE SUMMONS
In tho case of A. T. Jones VS.. r. J. Mills, a
certiorari to a Justice of the Peace, judg-
ment having been taken by default the pro-
ceedings are set aside because the summons
called the defendant to appear before JUS
tice of the Peace Tin Pottsville." The court
said that one Of the seven wards, at least
should have been specified, and it made no
difference that the defendant was personally
acquainted with the location Of the Justices
office.
THE ROLLING MILL CASE.
W. X. Woodbury., Esq, asked that the ar
gument Of the rule to sell the property Of the
Pottsville Iron and Steel Company be put of
until next Monday, aud that the Receiver be
required to file a supplemental account OK
planning how the current debt had been re-
duced from Sl40 900 to $50 900. and to indi-
cate what property is to be sold. George
Roads, Esq, answered that an account was
being prepared and would be ready by next
Monday. He objected strongly to any post
ponement. Judge Bechtel indicated that he
could see no good reason for putting off the
argument, and said they could only sell wi
was there, anyhow. Hon. John w. Ryon
supported Mr.. Woodbury's move for further
delay. He represents the interests of S2OO, 600
and said he believed the best way to settle
the matter would be to foreclose the second
mortgage, which is on all the property, and
pay, first, from the sale proceeds, the first
mortgage. If the property is sold under toe
present proceedings. he said. it would be
knocked down to tho highest bidder if he
offers but $50 and that would be the
end of all claims, mortgages included.
A buyer, under such terms, could get abso-
Lutte title TO it. Judge Bechtel remarked,
why not 60 on with the argument to-day ?
The longer this matter hangs on the less the
property will be worth. This was our idea a
year ago and some Of the creditors have come
ever to our way of thinking of it, believe
Others will think that way before long, also. &"
Mr.. Woodbury. said, I'VE asked the fore
closure on the second mortgage a year ago.
would suggest that next Saturday be fixed
for argument" Judge Bechtel refused to
put the case off and the argument took place.
Other counsel engaged in the case are A. W.
SchalCk and George J. Wadlinger, Esq.
MUST STAY IN JAIL.
An application for the discharge from
prison Of John BOcavitch, charged with de-
sertion by his wife, was filed. The wife
moved to Philadelphia and the husband has
been unable to get bail. Judge MaTr said the
husband would have to remain there until
after the next term of criminal court, which
begins on June 10, unless the wife appears at
the trial
OTHER CASES.
In the case Of Washington Camp No. 70.
p, o. S. Of A, of Cressona, VS.. S. p. Thomas
ex-Treasurer, and his two sureties, the charge
of the court was filed. motion for new
trial is pending.
Adam Waldner vs.. John T. Lewis, rule to
distribute. Ninety dollars was awarded to
Waldner and the S35 balance is to be dis
tributed as though no issue had been granted.
Rules for new trials in the damage suits of
Wellington Hartman and wife VS.. Branch
township were withdrawn,
The appeal Of the Taxpayers Association
from the County Controllers report of 1897.
and the rule to frame an issue, are expected
TO come up for argument after the conclusion
OF the arguments in the Pottsvill Iron and
Steel Company case are concluded.
ORPHANS COURT.
Judge Dunn to-day appointed Franz Y .
Kaier guardian of Edward, John b. and
Frank G Kaier minor children of Theresa
Kaier, late Of Mahanoy City deceased. The
bonds submitted were approved.
In the matter of the estate of Margaret
Wyatt, the sale was confirmed absolutely.
In the matter of the estate of Martin
Hobin, deceased the decree Of distribution
was filed
Same action in the estate of John Morgan,
deceased.
In the matter of the Estate of Sarah
Oliver, deceased, the hearing was adjourned
to June 10th.
MOTION COURT.
sheriff Toole acknowledged a deed to Mary
J. ROeder for premises in South Mannheim and
Wayne townships, sold as the property OF
Charles w. Roeder, for 81 500
The report of NJ. 2. Mclaughlin, examiner
in the Vert divorce case, was filed.
September Goth was fixed for argument in
the equity case of Adam Hinkel VS.. William
Kuehn.
A petition was filed asking that several
special policemen be appointed from mem
bers Of the Citizens Fire Company, Of Palo
Alto, for duty at the cOmpany's picnic.
A petition Of W. II. Henderiech for divorce
from Alice Henderieeh was filed and the sub
poena made returnable at the September
term Of court.
October 9th was fixed for argument Of tn,
Haak VS.. Iflert equity case of Rush township
BONDS APPROVED.
Bond of Elwood T. Priest, treasurer o
Palo Alto; w. Thomas Lee, treasurer o
Shenandoah School District James w
Brennan. treasurer of Foster township
Edward Burke, Tax Collector of Shenandoah
Peter Flanagan, treasurer of Ashlan
School District Elias Henry, treasurer q
East Brunswick School District; John Stokes
constable of Fast Norwegian township; "
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