Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1865-05-27
Ohe gattIEtgtattE.
Saturday Morning, May 81.
mTSINTEuoED.-Yesterday 8. 8. Bo.


E8rsINTENoED.-Yesterday 8. s. Bo:
var, Henry Cole, N. t. Eldridge and John
Wesley, were brought into Court to heat
the sentence of the Judge. The amount Of
their fines had already been assessed BY
the jury, the term of their Imprisonment
remaining to be fxed by the Court. The
prisoners looked somewhat paler than here.
tofore, and were evidently much more sub.
dued in manner than they were upon trial.
AS We looked upon these four persons, all
young and vigorous men, just in the prime
Of life, and who seemed weighed down by
sense of their wretched condition;
brought about by their own criminal acts,
we fe.t constrained to look with pity and
sorrow, while they anxiousIy awaited the
sentence about 70 be pronounced. The
Judge was proceeding to the discharge of
his duty when Cole rose from his seat and
asked permission to address the Court. The
privilege being granted, recommended with
a trembling voice and slight confusion Of
manner. AZ he proceeded however, his voice
grew firm and his manner composed, and
his remarks were delivered with calmness
and elaboration.
Nay ii please the Court feel that we
have not had justice done US in this trial.
We have been forced into it unprepsred
and by trick for which we presume the
State Attorney expects the applause of this
community. We were held to answer q
charge Of misdemeAnor under $1,000 bail,
for both Mr.. BoVar and myself, brit owing
TO the entire loss of our business and CAPT.
tai through this prosecution, were not able
to furnish it, and we're obliged to lay help
less in Jail for month, till the Grand Jury
met, when they found an indictment for
misdemesDor; also by some process known
, only to himself, the State Attorney pro-
cured another for the crime Of felony which
ia not bailAble.
After every effort to do so, we were un.
able to get our witnesses here in time, but
determined to go to trial with the felony
case on it's merits slOue-but to our sur.
prise, contrary to the usual custom, he
called the misdemennor case first, and said
that II We continued it he should also con-
tInue the felony case to the next term
giving us the alternative of going to trial
uuprCpared, or of lying in Jail for six
months without chance for bail, and show
ing conclusively that the felony indictment
was procured Rs mere trick TO hold US in
jail.
We came to Wheeling In December last,
and engaged in business. Is it the creditors
of s. s. Bovar & 90, who are engaged in
this prosecution No sir. Such of them
as were on the stand testified TO our fair
an gentlemaniy dealing.
What law of West Virginia have we vio-
lated2 Can any citizen of the State point
hts foyer at US and say that we have
wrODged him2 Not one. But, says the
Prosecuting Attorney, "that was part of the
game for 3. s. BOvar & Co. to do an hon.
eel business" A part Of the gamer What
would the gentlemen haVef How would
he have us conduct a business2
FoFsooIh, because some parties In the
State of Pennsylvania, 10 January last,
tOOIisbly parted with their goods to a
stranger, contrary to all business pFinci.
pies, and we bought goods supposed to be
the same in Wheeling, in February-and we
had right; nor did We violate any busi-
ness principles in making these purchases. |
ls that reason why we should lose our
property and suffer this degrading impris.
oument2
The anonymous letters parportiug to
have been sent to US were not written in
this State.
The dispatches purportiug to have been
sent by US were sent to persons beyond the |
limits of this State.
We are willing to submit to law but |
what Law of this State have We violated 2 |
What single act of ours in this State has |
been proven TO show our guiltR II we
have broken the laws of any other State,
(Which l assert We have not DONE let us
be taken there for trial. But let not the
State Of West Virginia take 1t upon her
self to POnish when she, in the person of
none OF her citizens, has been Injured.
We had at great expense just got our
business into operation, and ii Il is any
satisfaction for our persecutOts to know
that In having our business broken up and
our means scattered to the winds, that we
are ruined as to property, they can have
that satisfaction, for it is true.
Ruined in properly Ia it necessary T.
Have we done such injury to any citizen of
this noble young State of West Virginia,
that size requires the additional ruin of our
minds, aud bodies as we'll 2
We have, thus far, been subjected to
two months of degradation in your Peni-
Tertiary, with conviCts aud ontcasts for our
associates. Is not this enough Is it
your hOnor's judgment, that in addition to
what we have already suffered, In minds,
bodies and estates, that we should endure
further OF this loathsome confinement, this
hell on earth. To avoid even one month of
such degradation, had 1 the money, would
give So, 900.
solemuly assert as to myself, aud, l am
told, such is the case with the others at the
bar, that have neither been indicted or
tried for any offence before 10 my life.
have said nothing regarding those
dear relations who are entirely dependent
on us for support, but suoh there are, who
have heard with deep sorrow Of our mis-.
fortunes, and await 10 ngouy OF suspense
for the result. We, therefore, trust that
your houors, in view of our losses and suf-
ferirgs, will order OurdEschArge from fur
Their custody.
When Cole bad concluded. Tho Judg.