The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1869-10-27
The Trial Of John Ferrell.
Charges end specifications.
ARGUMENT esHoH. e.F. sTA.Tos,,

IiDGenCenSoi SnO S14
last night submitted to the Court, COM
nosed of the Board of Public Works, in
vri,ing. We present, this morning, the
charqes end specifications against Fer
rell together with the argument of Hon.
B. F. Stanton, attorney for the prosecu-
ton. We will give the other arguments
in day or two:
Attended SPECIFICATIONS.
To the Board Of Public Works of the State
of Fest Virginia,:
The undersigned citizens of Ohio
county, in said State, residing on and
near the Cumberland road, hereby pre-
sent the following charges and sPecihca-
tions against John Terrell, Superintend-
emit of said road
CHARGE l. Neglect of the road.
Specification l. That he has neglected
to give proper attention to said road,
and especially to that portion of it lying
east of Triadelphia. That within the
two years last past he has not passed
over or inspected the road more than
once in any two months, and for want
OF such personal attention, the bitches
have been suffered to be and remain
filled up; the road to be and remain
dilapidated and out of repair.
Specification 2. That during the two
years last past he has habitually SUI.
fered persons working on the road to
work without being present IN person,
or having auy suitable person present
TO direct and superntend the appllca-
tion of the labor on the road, by means
whereof the labor had been improperly
applied, and no repairs made.
Specification 3. Neglecting the mason
ry of the bridge near the mouth of Lit
tie Wheeling Creek, near tine Shepherd
farm and the bridge at the residence
of Joseph Fay, by means whereof the
piers of the bridge have been under
mined, and are in danger of being de-
stroyed.
CHARGE 9. Incapacity to manage the
road.
Specification |. That the repairs and
sections one and two of said road for the
! last wear have cost double the amount
necessary to make said repairs.
2. That he suffered the ditch near
widow Maxwell's to remain filled up
from the fall of 1867 to thepresent time,
by means whereof the road was over
flown with water, which was frozen
and covered the road with ice during
large portion of the winter, making it
dangerous to travel over.
3. That he suffered the bridge near
William Dennison's to remain in dan
gerous condition during the latter part
of the summer and early part of the fall
of 1869, and when he attempted to re-
pair it, repaired it in such manner
that it was in moro dangerous condi-
ton than it was before it was repaired.
a. That the stone broken on the road
from Elm Grove to Wheeling in the last
two years,i aud piled up for measure
ment, havesbeen piled up in such way
that no measure or gGage could be APP
piled to them by means whereof the
road has been compelled to pay for
large quantities of stone that were
never upon the road.
5. That he suffered the bitches near
the site of the old brick toll house,
nearly opposite Lewis Bakers to be and
remain filled up for more than a year
last past, and when he attempted to
clean it, he cleaned it oHt so effectively
y
water, to the injury of the road.
8. That in cleaning out the bitches
the dirt is throw upon tn. sidAs nf the
road, thereby raising the road at the
side without any corresponding rise or
filling in the centre of the road, by
means whereof the surface of the road
is made so level and fiat that it will not
carry off the water that falls upon it.
7. That for two years last past he has
suffered stone broken for the road east of
TriadeIphia to lay in piles en the side of
the road for many months while the road |
was suffering for want of them, and the
stone have been wasted and lost,
CHARGE 3. Sacrificing the wants of
the road to his own private interest, by
means whereof exhorbitant, unjust and
excessive allowances have been made |
the said contractor, and funds of the |
road have been applied to the payment
of said allowances, and the State has
been greatly damaged and detrauded
Thereby.
Specification |. That man named
Henry Hervey is the contractor for fur
nishing and breaking stone and putting
them upon the road, for the eastern line
of the road, for the current year. That
said Terrell is a sub-contractor for haul !
ing the stone for Hervey, and is paid for
hauling the quantity of stone that Her
vey is paid for putting on the road.
That he is therefore interested in max
ing large and unjust allowance to Har-
vey, and thereby increasing his own
profits.
9. That he has charged the road for
large quantities of grain and hay for the
use of oxen belonging to the road that
was not fed to them, but appropriated
to his own use. This during the years
lS67-S-9.
3. That the oxen belonging to this
road have been so poorly kept that they
have been rendered incapable of per
forming the amount of labor they other
wise would have performed, AID have
been greatly impaired in value.
1. That by reason of the oxen belong
ing to the road being so poorly kept and
famished for want of proper food, they
have become ferOcious and ungoverna.
BILE, and Nuisance to the nelghhorheod
in which they were kept.
CHARGE a. That he has attempted to
use his power as superintendent of the
road to influence persons IN their deal
ings with him.
CHARGE ). Conduct unbecoming a
public officer and inconsistent with the
dutiesof his office.
Specification l. Using his influence by
personal persuasion, at the last two let
tings, with one J. Fargo Role, proper
person who he knew designed to bid at
the last letting of the road; to prevent
competition with Mr.. Hervy, who was
tho successful bidder, and thereby in
ducing such person or persons not to
bid. J. II. SToRER,
J. d. MAXWELL.
By Stanton & Allison, their attorneys
Gentlemen Of the Board Of Public WorSs!
The first duty which owe to the large
and respectable norton of the commu-