The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1900-06-13


of court beginning last Monday, and it is
therefore unlikely that an opinion will
be handed down before the 18th of July.
Fosmer Chairman J. A. Berkey was
the first and principal witness for Kpontz
and Kendall and be was kept in hot
wster for six or seven hours answering
the questions put to him by ex-Attorney !
General Lyman Gilbert, chief counsel |
tor Senner and Rowe. Berkey was a
very shifly witness and evaded answer
ing questions put to him until Mr.. Gil |
bert WAS obliged, in response TO an inter
rOgatory from the Court as TO why he
wished to continue further examination
Of BeTkey, TO remark simply as study
in psychology in order that the court
might be informed whether it was posi-
bic 70 secure g yes or no answer from an
attorney to a question prOpounded by
another attorney" At another stage Mr..
Gilbert referred 70 Berkey's evidence as
"a mosaic"
In referring to the evidence Offered in
behalf of the certificate Of Koontz and
Kendall the correspondent OF the PhilS-
delphia Inquirer says;
"It must be said 'lr the witnesses 10
the case that they are a remarkably sf6
ty lot. They have the Lost RENE. gable
memories for figures AMI dates which suit
their purposes, and absolutely 10 re-
membrance of thOse facts which will
serve to clear up the doubts of the court
on other points.
MANY Of the witnesses testify Ike those
who repeat memorized lesson, and
with all his skill as a cross examiner Mr..
Gilbert has found it difficult 10 break
down their recitals. Each confirms the
other as to what transpired in the county
convention held at Somerset on April
"A, but not one from the county chairman
down knows anything about the alleged
purchase of designations of members of
the County Committee prior 10 the pri
maries, so that their places might be filled
by tho insurgent primary election Of
fcers."
Berkey told the court how he had
made up the roll of the members of the
county committee, which be claimed he
had a right to do under the rules. In
regard to the removal of John Schla of
Jefferson township, he declared that
Schlag had not only been guilty of voting
at the Democratic primary held shortly
prior 10 Schlag's election as committee
man, but that he had attended the big
Republican rally held under the auspices
of the Lincoln Club last September. This
objectionable piece of disloyalty in the
eyes of Berkey appeared to amlse every
person in the court room intending Judge
SimoEton. William p. Hay, who con-
Quoted the Democratic primary referred
to. afterwards testified that not only had
Schlag voted at the primary, but that the
Committeeman appointed by Berkey,
one Bruner. had also voted, as had the
gentleman now claiming to be committee
man of that district by virtue Of the cleo
tion held by Bruner on April Dist. Ac-
cording TO Mr.. Hay there were about
as many Republicans as Democrats voted
at his primary.
Berkey was asked if he knew of one
Spangler being paid $50 TO resign from the
committee and denied that he did. he
was more'or less confused when asked if
the resignation had not been written
on the typewriter in his office. I'VE
will not wash the dirty linen OF these
Somerset county politicians" remarked
Judge Simonton at this point, which re-
mark prevented the submission Of some
very interesting testimony.
Berkey denied that be had refused to
recognize members of the committee
when in convention, and said that be did
not consider Geo. r. Scull and John r.
Scott members of the convention, and
thai he declined to admit paper sub
niiited by them. He denied that George
X. Witt, committeeman from Sunni
had attempted TO submit the same paper,
Immediately after ne had refused to re-
ceive it from Scull. He said that mem
bers Of the executive committee were
some times appointed and some times
elected, but was unable 10 give single
instance where appointments had been
made. whereas three or four witnesses,
former Chairmen Of the Committee, testi-
fec that appointments had never been
made before Berkey undertook to do so.
Witness said that the return from Ogle
township bad not been received until the
day following the convention. He also
testified that J. O. Ogle. Esq proxy of
George ). Harrison, committeeman from
Somerset last year, had been refused ad-
mission 10 the convention, whereas wit
Desses for the other side sslified that Mr..
0gle had been admitted to the convention
as the proxy of Harrison, and all who
remember the proceedings Of that memor-
able gathering cannot fail to recall the
hysterical address delivered by ogle,
when he declared Harvey NJ. Berkeley to
be the ''arch-trsitor Of the Republican
party"
Mr.. Serkey said that sixteen men had
bolted the convention, excluding Scull
and Scott, who held the proxies of the
committeeman from Confluence and New
Centreville, and Schlag. the regularly
elected committeeman of Jefferson, and
the committeeman from Elk Lick No. .,
and Larimer. as well as the stalwart com
mitteemen from the districts of Benson,
Casselman, Garrett, New Baltimore, Ogle,
after the announcement of the vote for
Chairman. This statement was contro-
verted by large number OF witnesses,
who declared that the stalwar.s had de-
posed Berkey as Chairman Immediately
sfser he had refused TO entertain the pro-
test offered by Scull, Witt and Scott.
R L. Meyers. one Of the Secretaries Of
the Berkey convention, who prepared the
minutes. admitted on eross-examiuation
that he had prepared the minutes after
adjournment, and that be asked Chair
man BeIkey what TO insert and what to |
omit Judge Simonton did not taink 1
this good way 70 prepare minutes, and |
so excluded them.
The following from the Harrisburg
Star Independent covers the testimony /
in chief of Messrs. KOoser, Koontz and
Kendall:
f. ). Kooser, ESQ.,. who was spectator
at the convention, described the occur
rences Of the convention substantially
what had been testified to
by Chairman Berkey. At the time the