The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-02-14
ORANGE MAYOR
WINS FIGHT IN
BURY LIBEL SUIT
Case Is Nom Suited; SANDER
Trial Continued Until
Next Monday.
PECULIAR METHODS OF
OLD REGIME REVEALED.
Years Proceedings Written Into
Minute Book Il Months
Late, Witness Says.

A non-suit in the court for libel was
granted by Judge Heisley today in the
action of ex-Alderman Daniel G.. Bury
against Mayor Isaac Shoenthal, of Or
ange. The motion for a non-suit on
the Islander count was denied, and he
trial continued to Monday.
Counsel for the defense, in opposing
the motion for the non-suit of the libel
action, commended that the copy of the
speech of the Mayor on which the joint
action was based, had not been left On
the Mayors desk by the Mayor with
a view of having 1t published, and that
Mr.. Shoenthal was unaware of h fact
that a reporter had taken a copy CT
the speech from the Mayors desk.
Previously the reporter had stated that
it VISA customary for him to enter the
Mayors office and take what he
wanted.
Bury's counsel opposed the Islander
non-suit motion on the ground IN 1T
the remarks of the Mayor concerning
the purchase of a fire truck applied
particularly to the plaintiff, he being
the head of the fire committee, and
as such responsible for its actions. The
court took this view also, and refused
to grantn the motion for a non-suit of
the Islander count, taking the view of
the plaintiffs counsel that the Mayors
statements were specific and not gen
eral.
The defense then opened it's case,
Mayor Shoenthal being recalled to the
stand.
Peculiar methods of conducting a fre
department weie revealed when the
trial was resumed today.
1t was stated during the testimony
that the minutes of the Orange Council
Fire Committee for 1906 had been I'M
approved during the entire year, and
that the minutes had then been copied
into a new book by Harry Bergman,
the committee secretary, who was
also a councilman. Some minor COR
rections'" had been made to the miu-
utes, and they were finally approved on
January l of the present year, at a
time when the old councilmanic com
mittee had been superseded by the Fire
Commission.
Alderman Edward Cheatham testified
that 'the Mayor a sorry he vetoed
the resolution to purchase a fire truck,
because he thought the price was too
high. but that it would not look well
for him to withdraw it."
The mysterious Turkish bath in this
city figured again in the testimony to-
day. 1t was at this bath that the
Mayor is alleged to have said that the
deal for the purchase of the fire
truck was put through. When Mr..
Cheatham took the stand he said that
he conducted a Turkish bath in Gin
ton street, this city.
Bury's Memory Poor.
Mr.. Bury was the first witness today.
He couldn't recall why the resolution to
readvertise for bids for a fire truck be-
cause of the Mayors veto had been
r~escinded. even though the La France
Company, the successful bidder. was
the only concern that was unwilling to
lower it's bids.
Mr.. Benjamin. the secretary OF the
fire committee, testified that the delay
in resembling the resolution was due
to the fact that the fire committee did
not have votes enough to pass the
resolution over the Mayors veto.