A portrait of Judge George Kunkel (1855-1920), who presided over the trial of the Jackson Township school directors and community members in late March, 1906. The portrait is from the Commemorative Biographical Encyclopedia of Dauphin County.
This post follows the newspaper reports of the two-day trial that took place in Harrisburg.
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From the Harrisburg Telegraph, March 28, 1906:
JACKSON TOWNSHIP DIRECTORS ON TRIAL FOR CONSPIRACY
First Suits Brought to Enforce Compulsory Vaccination Law
SOME TROUBLE TO SECURE A JURY
Dr. Dixon and Mrs. Little Are Interested Spectators
CASE WILL PROBABLY REQUIRE SEVERAL DAYS
Case Against One of the defendants Dropped Because He Is Sick
The first of the suits to be brought against school directors and teachers of Pennsylvania who have violated the compulsory vaccination law was begun this morning before Judge Kunkel, when the directors of Jackson Township were put on trial charged with conspiracy. The trial is expected to be long, as many witnesses will be called on each side.
John Fox Weiss, district attorney, and Albert Millar, assisted by Frank M. Eastman, counsel for the Department of Health, are the attorneys for the Commonwealth. The defendants are represented by Charles H. Gergner and John E. Fox. The trial has attracted many spectators, among whom this morning was Samuel G. Dixon, Health Commissioner, who will be called as a witness, and Mrs. Lora C. Little, the anti-vaccination lecturer, who is here for a public appearance.
The charges, brought by Morris K. Ely, special agent of the department of Health, are against Reuben Lentz, John W. Miller, James F. Garverich, and James M. Wolford, school directors, and Samuel A. Garnes, a minister, and A. J. Spannuth, a citizen. The formal charge is “conspiracy to induce teachers to violate provisions of Section 12, Act of 1895.” It is alleged that the men met December 9, 1905, and planned to induce the teachers to violate the law by admitting all children without certificates of vaccination. The following teachers are named:
Nathan Long; C. M. Bowerman; Charles Palmer; C. M. Wilbert; Miss Esther Ferren; and Miss Gertrude Lehr. It was Miss Lehr who resigned rather than follow the instructions.
Sickness Prevents Trial of One
John W. Miller, one of the defendants, was absent because of severe tonsillitis. His trial was given up in order not to delay the case. He will be heard separately.
Twelve jurors were challenged. The last called, John Shiffer, was examined by the Commonwealth as to whether he had formed or expressed an opinion in the case. He was accepted. The jury is as follows:
Philip Beidle, Steelton; H. E. Whitmoyer, Harrisburg; Edward A. Miller, Harrisburg; Benton B. Beistle, Millersburg; Albert Temple, Williamstown; Harry M. McGarry, Harrisburg; William Ickes, Steelton; John B. Hancock, Williamstown; G. W. Ettinger, Harrisburg; William Hoover, Wiconisco; J. Z. Ulrich, Lower Swatara; John Shiffer, Conewago.
Conspiracy Charged
John Fox Weiss made the opening address in which he defined conspiracy according to a Massachusetts jurist whom he did not name, as follows:
“A conspiracy is where two or more persons plan by some concerted action to accomplish a criminal or unlawful purpose or to accomplish a purpose not unlawful but by unlawful means.” Mr. Weiss then quoted the provision which the defendants are alleged to have conspired to violate:
“All principals or other persons in charge of schools as aforesaid are hereby required to refuse admission of any child to the schools under their charge or supervision, except upon a certificate signed by a physician setting forth that such child has been successfully vaccinated or that it has previously had smallpox.
Henry E. Shoop, the secretary of the school board, was the first witness called by the Commonwealth. The minutes of the meeting of December were read by him. They contained the following resolutions which are the basis of the criminal suit:
The Resolutions
“Enders, Pennsylvania, December 9, 1905.
“A special meeting was called by the president, R. W. Lutz, for the purpose of coming to a conclusion as to what can, or what shall be done, with the vaccination law, after which the following resolutions were adopted.
“Whereas — The compulsory school law and vaccination law are conflicting, and
“Whereas — We are not able to interpret them satisfactorily, wherefore be it
“Resolved — That we continue our schools and admit all pupils until there is some definite decision by the higher authorities or by the Courts
“The citizens of Jackson Township present at the meeting on December 9, 1905, agree to stand by the School Board in case any fine should be imposed on Teachers or Directors.
“Harry W. Shoop, Secretary.”
The Minister’s Part
Mr. Shoop said that Mr. Garnes, the minister, suggested the resolutions, and that Spannuth said that he thought it was not right to keep children out of school. On reading the agreement to “stand by the directors” a rising vote was taken, in which there was no dissent. A copy of the resolutions was sent by the witness to each of the school teachers. After that three teachers, at least, threw open their schools to all, though previously they closed them to those unvaccinated. There was argument as to the competency of a letter sent to the directors by Commissioner Dixon, telling them of the provisions and the penalties provided in the act requiring vaccination. They finally were admitted, and the witness said the directors had read them previously to passing the resolutions.
Shoop also said that he gave to the directors a communication from Mr. Eastman in reference to the resolutions, which, after a special meeting, was sent to Mr. Bergner, who offered it in Court this morning when the Commonwealth offered a copy. He said he did not know why the special meeting was called, but that he himself went to present the letter from Mr. Eastman. The letter was not read before Court was suspended for the noon recess.
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From the Harrisburg Daily Independent, March 28, 1906:
JACKSON TOWNSHIP DIRECTORS ON TRIAL
One of Them Too Ill to Appear in Court To-Day
SECRETARY ON THE STAND
Tells of the Meeting at Which Directors Agreed to Disobey the Law
The case brought by State Health Officer M. K. Ely against Reuben Lentz, John W. Miller, James F. Garverich, James M. Woland, school directors, and Rev. Samuel A. Garnes and A. J. Spannuth, of Jackson Township, charged with conspiracy to defeat the purpose of the compulsory vaccination law in that township, was called this morning before Judge Kunkel. The defendants are represented by Messrs. C. H. Bergner and John F. Fox and the Commonwealth by District Attorney John Fox Weiss, Messrs. Albert Miller and Frank M. Eastman.
One of the Defendants is Ill
Immediately after the case was called, Mr. Bergner informed Judge Kunkel that John W. Miller, one of the defendants, was sick and could not be here and that the defense was ready to go on trial providing it was agreeable to the Court and attorneys for the Commonwealth.
The selection of a jury took up about forty minutes times of the Court. The jurors selected follow: Philip D. Beidle, of Steelton; H. K. Whitemoyer, of Harrisburg; Edward A. Miller, of Harrisburg; Benton B. Beistle, of Millersburg; Albert Temple, of Williamstown; Henry M. McGarry, Harrisburg; William Ickes, Steelton; John R. Hancock, Williamstown; George W. Ettinger, Millersburg; W. A. Hoover, Wiconisco Township; J. L. Ulrich, Lower Swatara; and John Shiffer, of Conewago.
Immediately after the selecting of the jury District Attorney John Fox Weiss opened the case to the jury. He told of a meeting of the Board of School Directors of Jackson Township in December, 1905, at which a resolution was adopted to admit pupils whether vaccinated or not.
The resolutions adopted by the board follow:
“Enders, Pennsylvania, December 9, 1905.
“A special meeting was called by the president, R. W. Lentz, for the purpose of coming to a conclusion as to what can, or what shall be done, with the vaccination law, after which the following resolutions were adopted:
“Whereas — The compulsory school law and vaccination law are conflicting, and whereas we are not able to interpret them satisfactorily, wherefore be it
“Resolved — That we continue our schools and admit all pupils until there is some definite decision by the higher authorities or by the Courts.
Dr. Dixon in Court
Dr. Samuel G. Dixon, as the head of the State Board of Health, and Health Officer M. K. Ely were present and took seats close to the attorneys for the Commonwealth.
The first witness called was H. C. Shoop, secretary of the School Board, who testified to receiving a notice from Dr. Dixon relative to the vaccination law. He said he did not read the notice before the board but that the notice was handed to the members and all present at the meeting of the Board of Directors held shortly before the above resolutions were adopted. Objection was made by attorneys for the defendants in admitting Dr. Dixon’s notice to the Board of Directors of Jackson Township, but Judge Kunkel allowed the notice to be admitted as evidence. Mr. Shoop, the secretary of the School Board was still on the stand at the noon hour of adjournment….
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From the Harrisburg Telegraph, March 29, 1906:
JACKSON DIRECTORS ARE NOT GUILTY OF CONSPIRACY CHARGE
Judge Kunkel Declares There Can Be No Conviction
HALTED BETWEEN TWO STATUTES
No Intent to Violate Vaccination Law: Action Result of Confusion
THERE WAS NO EVIDENT INTENTION TO DO WRONG
Court Advises Full Observance of the Law, No Matter How Obnoxious
The trial of the Jackson Township school directors on the charge of conspiracy to defeat the objects of the vaccination law was taken from the jury this morning y Judge Kunkel, after having considered the testimony of the Commonwealth which closed its case yesterday afternoon. Judge Kunkel ruled that there was no intent to commit criminal conspiracy, and on motion of the attorneys of both sides, instructed the jury to put the costs on the county.
The Commonwealth heard witnesses yesterday afternoon till adjournment, several teachers testifying, mostly regarding the method by which they were notified if the resolutions to admit all children because of the conflicting of the compulsory education and vaccination laws. The resolutions were the basis of the suit. Judge Kunkel addressing the jury at the opening of the case, telling them that there be no conviction on the evidence produced.
Judge Kunkel’s Decision
“The preamble of the resolutions,” said Judge Kunkel in instructing the jury, “show that the directors knew of the compulsory education and of the compulsory vaccination law, and were in doubt which of the acts to obey. There was no intention to do wrong. If they had decided to override the vaccination law, it would be criminal conspiracy. There is no evidence that they intended willfully to disobey or procure others to disobey the law.
“It is the duty of every good citizen to obey the laws no matter how obnoxious they are. It is the duty of everyone to obey the vaccination law, as long as it is a law of the State.”
A nolle prosequi [abandonment of prosecution] was granted in the case against J. W. Miller, the director who was prevented from appearing because of sickness.
Yesterday’s Session
The letter sent to Mr. Eastman to the Jackson directors was read on the opening of court yesterday afternoon. It was dated February 14, and warned the directors that their resolution constituted an act of criminal conspiracy, in the opinion of Attorney General Carson, who is author of a work on criminal conspiracy. The letter said that a suit would be instituted unless the resolutions were rescinded and others passed directing the teachers to observe the law. No further action was taken by the directors.
Miss Gertrude Lehr, the pretty young teacher who resigned rather than admit pupils unvaccinated, was on the stand [in the] afternoon. She was teacher of School 5. The Commonwealth offered to show that Spannuth went to her school before December 9, and there influences Miss Lehr. All five of the attorneys joined in the argument as to the competency of testimony about anything before December 9.
All jurors of the panel of 72 for the March term, except those serving in the Jackson Township case, were dismissed, this morning the trial being finished….
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From the Harrisburg Daily Independent, March 29 1906:
JACKSON TOWNSHIP DIRECTORS GO FREE
Acquitted of Charge of Conspiracy to Defeat Vaccination Law
COSTS PUT ON THE COUNTY
Judge Kunkel Commenting On the Case Says Law Must Be Enforced
Judge Kunkel at this morning’s session of court instructed the jury that the Commonwealth failed to make out a case of conspiracy against the directors and two citizens of Jackson Township and the the only thing to be determined would be the costs of proceedings.
Ely Acted In Good Faith
Senator Fox, one of the attorneys for the defendants, said he thought the cost should be placed on the county as the defendants were here only through a patriotic movement. District Attorney John Fox Weiss agreed with Senator Fox and stated that M. K. Ely, the prosecutor, brought the action in good faith and thought he should not be compelled to pay the costs.
Judge Kunkel then went over the evidence and submitted the case to the jury as to where to place the costs and in his charge to the jury said every citizen should abide by the vaccination and compulsory education law, but in this case he thought the directors acted in good faith and that neither the defendants nor prosecutor should pay the costs.
The jury, without leaving the box, rendered a verdict of not guilty and put the costs on the county.
At the conclusion of Harry U. Shoop‘s testimony yesterday afternoon several school teachers of the township were called and testified to keeping their pupils in school whether they were vaccinated or not. This they said was owing to the directors resolving at a meeting on December 9, 1905, to continue keeping the schools open and admit all pupils until there is some definite decision by the higher authorities. The teachers who testified were Miss Gertrude Lehr, C. M. Bowerman, Charles Parmer, C. D. Enders, Harry Kitzmiller, Nathan Long, C. B. Wilvert, and Ella D. Yost.
At the conclusion of their testimony, C. H. Bergner, of counsel for the defense, asked the court to instruct the jury to find for acquittal as he did not think the Commonwealth had made out a case of conspiracy. He contended the action of the School Board was taken with an honest endeavor to do what is right and their intention was to observe the law when they had it interpreted.
The court pointed out that when this information had been furnished the teachers had been told to disregard it.
Mr. Eastman quoted the cases of Nissley vs. Hummelstown School District, in which Judge McPherson handed down a decision. He also quoted Attorney General Carson’s opinion delivered to the public through the press on November 27. These opinions and many others cast light on the case on trial.
Judge Kunkel said: “We don’t think the court can determine this question. It is a question for the jury. When these men do get word from a higher authority they disregard it. We will hear what you have to say for the defense.”
The court rose until 10 o’clock this morning.
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Part 5 of a 7-part series of posts on the Jackson Township anti-vaccination case of 1906.
News articles from Newspapers.com.
Corrections and additional information should be added as comments to this post.