The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-06-15
WAAnINGT0N, Pa.

The FOgIer Confesston.--InquIr into
a. the Conduct OF his Counsel.
Last week, Messrs. VIM! McKennan,
DIS. Wilson and Alex. Wilson, counsel
for VIM. Montgomery, Jr., recently ac-
quilted of the murder Of Robert w.
Dinsmore, in Justification of their con-
nection with the case, presented paper
to Judge Acheson settling forth certain
proceedings of L. R. W. Little, counsel
for Fogler, asking that the bench might
institute such inquiry as the integrity
of the Bar and the interests of the pub
lie might require. Messrs. g. s. Hart
and Freeman Brady, Jr., who were
counsel for young Montgomery at the
preliminary examination before the
Coroner, also Joined in the petition OF
the above gentlemen. The first mem
toned gentlemen also corroborate the
statement OF FoSler in his confession,
relative to the effort of Little to have
comm unication with Fogler, which
failed because Sheriff Smith refused to
leave them alone until he was informed
of the nature of the visit. A third state
ment was made by messrs. iMcKennan
and Wilson's on Friday, relative, to the
showing that Messrs. Ruth and Little,
Fogler's counsel, obtained the unfortu-
nate mans signature to the statement
denying his guilt, without reading the
statement to him. The statement OF
these gentlemen concludes as follows:
"Your Honors will know that the form
of an affidavit for writ of error is pre-
scribei by statute, with which all mem
bers OF the bar are justly presumed to
be familiar. The undersigned, there
fore, submit that the usual and super
fiuouA addition thereto OF a declaration
of innocence by the att1ant must have
some object aside from the necessary,
legal or proper use of the affidavit, and
demands Inquiry and explanatory and
that if SO significant a part of 1t was
not read to the affiant, the object and
conduct of those concerned in such a
delinquency cannot be otherwise than
reprehensible." u -.h ID H,.al
After hearing the third statement
read, his Honor, Judge Acheson, re-
marked that the Court had duly con.
sidered the papers submitted to them
on Thursday, and now looking at them
in connection with the one which had
just been presented, he was satisfied
that they contained matters seriously
affecting the integrity of the bar, and
which at least demanded explanation.
The time was when the bar of Washing
ton county enjoyed a reputation for In
tegrity second to no other In the State,
and If from neglect of its duty the
Court should permit this good name to
be lost, the Judges would be unworthy
of the seats they occupied.
The Judge then proceeded to defend
Judge Agnew from the asPersions of a
Democratic paper published In Wash
ingt6n, and concluded by directing that
rule be entered requiring Messrs.
Ruth and Little, Cboth of whom were
absent to make answer to the petitions
at the adjourned court to be held on the
25th of June. -......t.... .,-.y,r..,...r.
LITTLE APPLIES FOR ADMISSION TO
T"'- sTEUBENvILLE BAR.
In the Court of Common Pleas, Of
Jefferson county. Ohio, Tuesday morn
ing, Judge McIlvaine presiding, L. II;
w, Little, Esq, from Washington
county, Pa, and who was engaged as
an attorney in the now notorious
Fogler trial, arose inside the bar and
proceeded to say to the Court: "May it
please your Honor: Desiring TO be per-
mitted to practice in this Court during
the term, and being unfortunate in not
having any member of the bar to pro-
pose my admission, rise to ask for
myself to be admitted as an attorney
of this bar. There may be some ques-
ton for the bar here about the pro-
priety OF this, growing out OF
Fogler case; there have been
newspaper statements derogatory
to my character, but Whatever they are
am prepared to meet them" Judge
McIlvaine said-"I suppose you refer
to the Confession of Fogler. under.
stand that the court of Washington
county has ordered an inquiry In the
mater. We cannot go into trial Of Il
here until 1t is settled. We recognize
the courtesies due to members of the
bar OF States which recognize our at
torneys and admit Lhem to the rights o.
their bars; in carrying out this reci;
pEocity, which we recognize. we VII
on file in this court q written denial, tc
be made under oath, Of the statements
of Fogler." Little-"You mean the
statements published in our county,
Judge--"I mean particularly the state
ment you Influenced Fogler to refuse
to testify against Montgomery, under
promise of favor. You can make youl
affidavit, and we shall then see how fal
1t covers the statements of Fogler.