Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-11-11
rsg-FEpERAL oouR4.-Tbe Court decid.


tsyFEDERAL GouRT.LThe Court deeid-
ed 70 admit to bail, VIM. h. Hood, in the
sum Of $4,000, Henry a. Barren, in the
sum Of $4,000, and Compton, in
the sum of $4,000. The parties all took
the oath of allegiance, and gave the re-
daired bail. They were instructed to re-
port themselves eyesy twenty daysto The
eommandautsof the nearest military posts.
John Good ana Hanson Good, who were
arrested some days ago at Bellaire, were
brought forward. The Court enquired if
the Young men were willing to take an
oath TO support the Constitution Of the
United States. John Good replied that he
would not, His Conscience was opposed
TO it.
The District Attorney recommended that
the Goods, who are both Under age, be all
lowed to enter bonds ia the sum of 81 600,
TO keep the peace.
The Judge said hc would release the
young men as suggested by the Attorney
for the Government, there being nothing
charged against them, but if they expected
to preach treason ia Wheeling, they must
do it inside OF prison walls.
On the motion of N. Richardson, Esq,
the Court made an order permitting Henry
Moore to lake possession Of the property
of Chas. W. Russell, recently seized by the
Marshal, aud to gtveA Forthcoming bond
for the same
Mr. Richardson made application for
bail in the case Of R. K. Fowler, Of Marion
county. Que Alfred c. Metz, also pris-
oner, was called as witness. The Court
said that this party was charged with be-
ing a guerrilla, aud that other evidence
than that Of his. confederates must be
brought forward. The Court also refused
TO consider the application of Metz Tor
bail, but ANNOUNCED that it would hear
both ut the next term.
Upon the motion OF AR. Richardson in
reference to the bond proposed to be given
by Henry Moore, for the safety Of the
property Of o. W. Russell, recently seized
BY the Marshall, s
q. Jacob, Esq, arose to address the
Court, whereupon tho District Attorney,
Col. Wheat, said: Do you appear as
counsel In this matter2
Mr.. jacob appear as counsel for Mr..
Moore.
Col. wheat-Thsn I insist that the
Court shall enforce the rule which was
enforced upon me aud every other gentle
man praetieiug at this bar--to take the
oath to support the Constitution.
Mr.. Jacob then explained, that he was
not sure that he had any objections to
taking the oath. He had taken it many
times. but he had never understood that
the Court required him to take the oath.
He thought the Court asked It as cour-
tesy. He had peculiar views about the
rights of the States which created all the
embarrassment in his mind
Col. Wheat said that he had raised the
question which he did from a profound
sense Of duty. When our present National
troubles came upon US, he sought to fol-
low the prejudiees of his birth and edaca-
tion. Allhis blood relations were opposed
:
to him in this terrible struggle. He had
thought 70 60 with them, but could not
eonscientiously do 1t. He then sought TO
occupy a nestral position but could find
none. There is no neutral position. The
man who is not for US is against US. BE
believed the position assumed By the Court
in requiring the attornies TO take the oath
was the true one. 1t was either legally
constituted tribunalo Of the Government, or
1t was bogus one. Col, Wheat said he
had not sought the position of District At
tOrney, as the Court would bear him wit
ness, but having accepted it, he desired TO
do his plain duty.
Mr.. Jacob ia reply asked that rule be
served upon him to show eanse why he
did not take the oath. Accordingly the
Court announced that rule would be
served upon Mt, Jacob, to be made return
able at the next term of Court, TO show
cause WY he refused 70 take the oalh.-
The Judge remarked that he regard.
ed the refusal to take the OATH as the test
of a mans loyalty. The lawyers who hat
taken the oath were willing TO stand o.
fall with the government, and 1t was no
fair that disloyal or neutral persons shoulC
come in competition with thcm.
The Court then adjourned until the 80
Monday in December. seitl
ra~ ESusTMESr oousFssY.-Betwes,