Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-12-02
LE|B HAS AN AL|BI,
HIS COUNSEL SAYS
Accused Politician Not in This
City on Day Of Alleged Fraud,
Lawyer Tells Court
CHARACTER is PRAISED


The defense in the case Of the com
monwealth against William =. Lcib.
Schuylkil county politician charged
with forging four receipts for taxes paid
the state by the Merchant 4 Evans Co.
of this city, offers an albi,
Former Schuy'kill County Judge John
/ +. NhrIcn, senior counsel for Leib.
/ made this clear this afternoon in open.
| ing the defense before Judge johnson in
/ Quarter Sessions Court.
Character witnesses were first called
who swore to the honesty of the de-
fcndant. Then three men took the stand
20 testify they saw the defendant in
Harrisburg at the time he was alleged
to have been in Philadelphia and pre-
sentcd the alleged bogus tax receipts to
James -. Eynns, Of the Merchant &
Evans co.
Mr.. Evans. on the stnnd. rcfraincd
from giving the exact Gate he said the
alleged bogus receipts were handed TO
him by hcib in this city. Because of
ms testimony. il was entered on the
court records thar he accused the de.
fcndant Of turning the alleged bogus
receipts over to him between January
and l. Of this year
Leopold 6, Class, attorney Of this
city and state legislator. was called as
4 witness for the defense and testified
ne saw Ieib in Harrisburg on the night
OF Monday January G. and on the fol-
lowing day. Two other witnesses tcs.
iIh'd they saw the defendant in Harris
Durg at the Capitol January ). & and I.
Associates in Capitol Testify
One was Thomas H. Garvau. Re
publican boss of Delaware county and
chiet clerk of the House Of Representa-
tives. The other was Ira Dale Meals,
assistant resident clerk. The defendant
himself was an assistant clerk in the
House.
James Il. Reilly, lawyer of Potts
vile and congressman from SchuvlkiU
county, was the first character witness
cGlcd. He was followed on the stand
by +. Pierce Mortimer, mayor Of Potts.
vile. Others We're James Il. Walton,
prothon0tary of Schuylkill county and
resident Of Pottsvillc and Thomas
Mcdonald. of Girardville. and u. c.
Brobst. of Shenandoah associates Of the
defendant rs commissioners of Schuylkill
county.
Dr. j. Il. Rogers. medical director Of
SrhuyIkiil county called as II char
actcr witness. told Of the defendants
vaiuabI work for the community in Oc-
tOber, 1918, when the influenza cpl
demic started. Lcib. he said. was strick-
en- finally, and was critically i'll for
six weeks or more.
Mr., Whclrn. in opening the defense
also said his client was not in this city
the day he is alleged to have met Mr..
Evans in the law office Of Thomas Rae
burn White, when the LAWYER was al
legged to have remarked to I.eib:
How can YOU do these things and
expect 70 get away with it?"
Mr.. Whelen said no such remark was
ever made to Lcib and no such inter
view took place.
VIII Admit Receiving Blanks
He said the defendant would admit
having received blank duplicate tax re
ceipta on the state treasurer'S depart
menr. These the commonwealth alleges
were used by Leib in preparing the
alleged bogus receipts alleged to have
been given the Merchant & Evans
| Co. The defendants explanation of
this phrase of the case will be, his
counsel said. that Leib, as directing
officer Of the Schuylkill Railway Co..
wanted the blank copies to keep account
of the moneys sent to him by the rail-
way company to pay claims against tire
corporation, to pay taxes and for vari
oul other purposes.
Former Judge Whelen also said Leib
would admit having received Il check
for S5179.1l to pay the tax claimed
against the Merchant & Evans Co.
This is the amount involved in the case
of the commonwealth against Leib. 1t
is alleged il was paid into the State
Treasury by Leib after the alleged
bogus receipts were given the company.
| Counsel for the defense said Lcib's
/ exclamation for his not paying the
I NIyg 81, H.,
! that it was necessary to prepare and
file an affidavit showing how this amount
10 per cent Of the tax c'aim-was
made up. This, Mr.. Whelen said, ne
cessitated delay, which was augmented
| by the influenza epidemic and the illness
of Teb's family and himself
Mr. Whelen said it would be shown
| the full amount of the check was sub
sequently paid to the state two months
before any prosecution was brought
against Leib. and that Mr.. Evans knew
these facts and the circumstances which
had caused the delayed payment.
Judge johnson today ovCrruled a mo-
tion to dismiss the prosecution made by
MI Whelen.
Mr.. Wheen, in his move TO halt the
prosecution. fled netition backed with
ten legal points. The principal point
concerned the Legality Of instruments
! issued by the auditor generals once,
but not signed by that official or his
deputy.
Calls Instructions Illegal
Mr.. Whclen argued such instruments
were illegal, and, therefore, could not
be evidence. He urged also that a legis
lative act requires tax receipts be sealed
as we'll as signed, and that the copies
offered in this case were not sealed and
hence are worthless as evidence.
Mr.. Carr attacked the venue of the
case as an additional agreement for its
dismissal. He declared that the only
/. evidence to show where the alleged
forged copies had been issued. was a
Harrisburg date on one of them. The
present prosecution, he said, should be
brought in Dauphin county.
The morning $ proceedings were in the
absence of the jury. The legal points
were argued with the jury out of the
room, as was a question of possible
tampering with the jury was taken out
riding Sunday representatives of the
district attorneys Office went along.
Harry McNamee and James O'Neill,
court officers. testified that they had ac
ampanied the jury on their outing, and
that no district attorney $ men were
along, nor had any one addressed the
Jurors during the ride.