The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-11-09

tons arc sustained, then ii is the i'm,
perative duty Of this court to remove Mr.
Ferrel,n This Is what we ask, To in.
yestigate the evidence alone-to take the
plain unyarniShed statements Of the wit,
nesses sworn in this cause, and If from
them II Is possible 10 form q verdict Of
conviction against Mr.. Ferrel, there will
be no reflections. Bat it cannot DO done,
Immediately following this portion
Of his argument, Mr.. s flies tho truck md
resumes his otGn testimony. Just here
you will pardon me for quoting an opinion
Of Justice Rogers, one Of the most en-.
inent jurists that ever adorned the Penn.
sylyaniR bench, in relation TO an attorney
commenting on his own testimony. Sec
Tho odium which this learned man at.
tached 10 such practice. Mr.. Stanton tries
to hold up bis cause by Ills otOH obsepa.
ttoDs, which he considers proper testimony
TO be. weighed by 'you. Justice Rogers
ut is said, and ! agree, that 1t 10 highly
indecent practice for an attorney 10 cross
examine witnesses, address tho Jury and
give evidence himself 10 contradict the
witness. II lisa practice which as far as
possible should DO diseOantenGBced BY
court and counsel. 1t tends 10 abuse Of
which have seen several examples, but Of
tho same time know Of no law TO pre-
vent it. All the courts can DO Is to dis
couutenance tho practice; and when the
evidence is indispensable ID recommend,
10 the counsel to Withdraw from the cause,
Gov. Is. may, think this an inapt and
unjust criticism. Itisnot Although not
sworn, himself, as o witness he tries to
give lis, own opinions and observations
the same effect as though be were sworn.
In short he attempts 10 make out case
against M. Ferelprincipally from bis own
observation. To manifest such an eager
mess To convict Mr.. f. as o swindler and a
thief, as Mr.. s. does in This case must
place him in the same category as tho at.
torhey to whom this reproof was first ad-
/ ministered. g'1 N q r.n+a 9r.. .u
Now in regard to the condition Of the
road, allowing sufficient respect for tho
declarations Of Gov. s, on this point,
feel obligedlto contradict them by the testi.
mony Of mtn whose character Is beyond
reproach. Thos. Thornblrg, q man
whose years and intelligence give him on
understanding Of what is required in a
good road, says that it never has been in
better condition for thirty years. 10
saySt the surface is sufficiently rounded
and in short the road is in excellent con-
diEioH. Heiscotroborated by such men
rs John u. SisSon, James Anderson, VIM.
Moore, Robert Marshau-(their own wit.
ness) and Jacob Hornbrook, the solid
substantial men ofthe country, who have
fifty times the interests OF stake that the
prosecutors have. More than this they
arc wholly disinterested, Ten too whose
honor and integrity never have been Ques.
toned. shall not dwell on this point as
it has been made clear to the Board by on
abundance Of evidence. II is true that
there arc some strings Of broken stone
lying along: the road, few of these hay-
ling lain there for 1G years. These arc
found more especially, as has been said,
east Of Tradelphia. l do not wish to COM
ment on what lhave observed, or ! should
say that o single furrow Of the plough
would loosen any Of those strings suf1ici-,
emily for spreading them.
Inconnection with the condition Of the
road, Mr.. Stanton speaks Of the boulders
being bare on the road ut different places.
Permit me to recall the testimony of Mr..
Ezekiel Ball, a man who helped to make
the Cumberland Road, Mr.. Branstrupe,
who has worked on il for fifteen years,
also, the testimony of VIM. Krummc
on this point. They all say that
the boulders. upon which the road
was first built were all taken up, and
that those that are now seen have been
placed there when any giving away in the
road took place. This matter needs no
further comment. The Board will readily
perceive the necessity for piliBg tho dirt
upon tho upper side Of the road at
Fulton, if they are acquainted with that
locality. As appears by the testimony OF
several witnesses, there is high hill
on tho northern part Of Fulton and it ex.
tends to the road. It is unusually steep
and ut every wet spell Of weather sends
Off more water and drift than could pos
sibly DO carried off by any ordinary ditch.
At these times only arc tho culverts filled
up or choked. Owing then to tho situa-
ton OF the hill to the road, and the
unusual washings carried of It, this dirt
is piled up in the manner indicated. 1t is
simply for the protection Of the road, and
that it is necessary no ono has attempted
to deny-but Mr.. Stanton and Mr.. Luns-
ford. tD
Icannot understand Mr.. Stanton whom
he says that by 'the accumulation Of dirt
on the side roads about or between Full.
ton and Judge Thompson's, six or seven
Of the culyerts are filled up" and further
that the side roads here "are much higher
than in the centre Of the road" In gen.
eral; about this place the road is very
level, and not much water runs on it.
But If the side roads are higher here than
the centre of the road, the water must
necessarily remain on the cOntre Of the bed
Of the road, and the culverts thereby arc
not required to be Of any service. There
is, however, one place between Judge
Thompson's and Fulton, as appears from
Mr.. Hervy's testimony, where q run
comes down over the road. During good
weather it is said the culvcrt into which
this run empties is wide enough, and
open enough to carry Of tho water. But
in violent freshets ten such culverts are
not sufficient to drain the current Of water
and rubbish which pours down from the
hills tr ga-,.. .......
Prudence at last compels Nh. Stanton Il
soy but little regarding the bridges at the
Monument and Fay's. The testimony Of
Mr.. Robt. Marshall and Thos ..Thornburr
knocked the bottom from the charge con
corning them. These gentlemen were
corrorborated by many others. Somt
three or four stones were founG
crushed in the arches Of the
Monument Bridge. Yet 1t was said
that such labor was spent upon thii
bridge, and such durable material 10 II
"that we should be all dead and buried
and yet the bridge would stand i'm.
movable" Scarcely q doubt is enter,
tanned Of Its safety and durability fol
years. The Fays' bridge appears tC
have been In worse condition. BY
The testimony Of Mr.. Jos. Fay, "much
OF the foundation OF one or two oil
the arches are gone" Yet considerable
rip.rapplng has been done there. The
current OF the creek too has been turn.
ed from the impaired portions OF the
bridge. By the testimony OF the men