The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-06-26

and the latter, with the Poor Directors
inspected proposals for county home supple,
for the same period. A large number o.
merchants, druggists and Others were il
attendance
AFTER THE DISTRICT ATTORNEY.
The Taxpayers Association have, through
their agent, William l.. Shaefer, writer
to Controller Muldoon, requesting hin
to proceed against District Attorney
Bechtel TO recover about $40, 500
claimed to have been Illegally charged
by him against the county as fees in
$500 cases in which mol. pros. were entered
during his term of 81 years. The de-
cision of Judge Lyons in case
recently decided here, in which ex.
| District Attorney Koch was plaintiff against
Schuylkill county and the case of District
Attorney Dunkel, of Warren county, are the
precedents cited. Controller Muldoon /.
waiting for the advice of his counsel in the
matter.
There was large attendance in Court room
No, this morning, at ten o'clock, when the
Monday session opened. Mrs. Elliott widow
of Henry Elliott, recently murdered at New
Philadelphia, and other relatives of the de-
ceased came into Court early and attracted
considerable attention. The widow is in
deep mourning.
THE ELLIOTT MURDER
District Attorney Bechtel, at 1920 o'clock
this morning, after decisions had been ron
dered and the jury roll had been called.
pressed for trial the case against Thomas
Brennan, charged with the murder of Henry
Elliott at New Philadelphia, on June end
Messrs. Brumm and Flanagan, counsel for
the accused, appeared in opposition and the
former stated that he had presented an afi-
dayit setting forth reasons why contiuu-
ance should be granted, and the application
was refused and that on the oath inst. r.
second bill Of indictment had been found.
which is defective because Assistant District
Attorney Mclaughlin was in the Grand
Jury room at the time. Mr.. Brumm
| offered to call Mr.. Mclaughlin to the stand.
Ihat gentleman was present and said he was
in the jury room when the evidence was
presented to the jury, as is usual in all cases.
but that he was not present when the Jury
considered the bill of Indictment. Mr..
Brumm asked him if he did not re-
member that a bill of Indictment
for murder had been quashed several years
ago for this reason. The court here inter.
rupted by saying that the bill was not
quashed, but that the case was continued
from one term to another and, further, the
Supreme Court would not consider the
presence of an Assistant District Attorney
in the jury room to present evidence
as improper Mr.. Brumm then OBJ
jected to the second bill because
it was not sworn to before a committing
magistrate. All the objections were over
rnled and the case was called for trial. The
following iurymen were then examined, two
of fifteen having been selected up to the
time of adjournment at 1890 O'Clock; Oh,
Bassler, North Mannheim township; James
Kershner, Mahanoy City; Daniel Messer-
schmidt, Ryan township; Lewis Frantz
Girardville; Jacob Hess, Minersville; Pat
rick Hauley, Mahanoy township; Albert
Bressler, Higgins townships Daniel Thomas
Mahanoy City; jeffrey Hepler, Eldred
township. The tenth juryman, NJ. A.
Porter, druggist of Tamaqua. was the first
selected. David Lloyd, of Morea, Edward
Brehony, Mt. Carbon, were next ex-
amined and Otto Schneider, miner
of Porter township, was the second juror
selected. John Moran, of Girardville. and
Thomas O'Connor, of Cass township, were
examined without result and the court ad-
journed at 1890 o'clock until o'clock.
Fifty jurymen were examined up to $3.50
o'clock this afternoon, when but three Jurors
had been selected. the third being Philip
Betting, of Minersville.
MOTION COURT.
Decisions by Judge Mari: The Ice Manu-
featuring Company of Germantown, against
The Broad Mountain Ice Company, rule for a
more particular statement made absolute.
Sandrock VS.. Chester, preliminary injunc-
ton continued in a modified form.
Judge Bechtel handed down the following
decisions In the case of the Cheauassett
Lumber Company VS. Hunter F. Bright, of
Ashland, the application Of the plaintiff for
a new trial was refused
The rule to show cause why Sheriff Toole
should not be required to pay $3.50 into court
was made absolute in the case of William n
HeatOn, Executor, VS.. David Hunter. de-
ceased. Robert d. Heaton, Administrator of
John Morgan, deceased, with notice to Ann
Morgan, terre tenant.
The application of Alice r. Berk for a
divorce from her husband, Daniel Berk. on
the ground of cruel and barberous treat
ment, was refused. Among the causes al
legged was that Berk had threatened to hit his
better half with 'brenholz," )" or burnt piece
of wood, that 'he does not drink often. but
only when he gets near it, when he drinks
good deal !" that he spends too much foraxes
and guns having four apiece of these articles
and when she mildly objected he would
answer in rough voice, What is it your
business ?"
The court announced that Judge Lyons, of
Juniata county, will be here next Thursday
to hear arguments on motions pending before
him. Cases not argued win be disposed of
without argument, as he desires to wind up
all such matters.
Judge MARI heard motions in No. 2 court
room.
The application for special election in the
Middle ward of Tamaqua to determine
whether the polling place shall be removed
from the public house of Thomas Kerns to
the American Hose Company's house was al
lowed. Next November was fixed for the
election. 1t is alleged that-the Kerns house
is inconYeniently located.
The latter part of this week was fixed for
hearing the application to Oust the East Nor
wegian Township School Board
Agnes Jones filed petition for a divorce
from her husband, Joseph. The subpoena
was made returnable in September.
By agreement of the attorneys Judge Marr