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

u lhct greatly 70 % ucplOIeQ II inc mo-
tivcs Of these men be purC, that so few Of
such instances OF sell'sachRco for the
peoples welfare arc to be found in oil the
records Of the country. However, il ia
strange that thssO gentlemen have not
signalized themselves before this in their
Couutry's behalf, when perhaps greater
dangers were 10 be apprehended. Again,
in order to extort some countenance and
belief from this court as to tho dissatis.
faction which.prevails against Mr.. T., Mr..
Stanton says that out Of 400 voters Of
Triadelphia township 322Ihave petitioned
his removal; and upon this petition he
justilies his statement Of n deep seated
dislike to Mr. Ferrel as On officer. l cannot
characterize this statement otherwise than
as q deliberate poryersion Of iacts. Il
would have been policy on tho part Of
Gov. s., l think, to have said nothing
concerning those petitio1sRh were 70.
jected by your honors-knowing how dis.
honorably they were procured. How
Artfully he avoided telling what false rep.
RESERVATIONS had been made 10 get those
names which arc on the petition to which
he has so exnltngly referred. You know
also, Governor Stanton, fur better than
this court or myself, that fve.sixths Of
those petitioners we're induced 10 get up
that petition by the fears Of increased
tolls and the erection Of o new toll gate!
Scan the list Of petitioners Il, you will
and you will End not only Marshall county
represented, but also residents Of every
country township in tho county. Trace
tho mAttor further, which would have been
done, if any evidence concerning the same
had been admitted by this Board, and you
would have found that many who signed
this petition did so on account of political
reasons. Wea ableto furnish seventy
Of the best men liping on tho borders Of
the National Road, between the PennSyl-
vania line and Fulton, who would not OF
did not sign it, and ten times that number
within the country townships who did not,
Althoug b this whole matter was disregard.
ed by this Board, yet l desired to call the
attention Of Mr.. s. to some facts which
no had overlooked concerning these peti.
tons, and to meet so far as able the points
Of his arguments. The distinguished
Registrar, Of which mention is made by
Mr.. s. as signing the petition, is one Of
tho gentlemanly prosecutors, and the same
individual who, as a member Of the Board
Of Registration, appointed himself the
Registrar of Triadelphia township, al,
though he lived in Liberty township. The
Board has said knowingly that petitions
arc easily procured and that they are very
unsatisfactory evidence Of public opinion
Yon are endorsed, too, by every principle
of evidence in demanding charges, and in
requiring those charges to be sustained,
by proof, to the letter. This, sirs, is q
quasi criminal procedure and though
the defendant were as guilty as is alleged
there should DO dealt 10 him tho beneVo.
lence Of tho law and that charity due to
all human trailties. HslH, ssldT
It is not simply the confinement mostly
to be dreaded when detected in crime-it
10 more tho disgrace and shamewhich fol.
lows and overshadows every step in life.
Then sirs, if there be enough to convict
Mr.. T. Of these charges let it be the facts
alone in your possession which will do it.
Let not personal observation and opinions
colored by those influences which general.
ly surround tho advocate which are
known to you-receiVe any countenance.
Mr.. Stanton thinks that "the wishes Of
Mr.. Ferrel have been gratiGod to an ex-
tentthat excluded evidence Of fragrant mis-.
conduct'upon his part" He cites the re.
lection Of Mr.. ErsEine' testimony as an in.
stance. Besides the emphatic denial Of Mr..
F., under oath, rs to having any CONVEX
sation concerning bids with Mr.. E. this
Board entered q protest against receiving
any new charges during tho progress Of
tho trial. Their action in this matter was
in conformity with the laws Of evidence
and the statutes Of the State. Under the
law Of this State their duty was n plain
one. They could not permit amendments
which were material or would place the
defendant OF q disadvantage, to be nnde
during trial. See Code, page 1872. Be
sides it was necessary ios your own sake
that!you should rule ont all testimonyirrel.
evant to the specific charges upon which
the case was first instituted. Had new
issues been allowed OF any time during tho
progress Of the trial no limit could have
been made to the proceeding. If new and
material evidence had been discovered
after the beginning ofthe first hearing, suf.
fiCient to constitute new otfense, q mo-
ton for another trial would have been
sustained. I greatly question whether
any other evidence than Mr.. Roth's upon
this point was ::inI the possession Of the
prosecutors. The Board will readily see
that such insinuations are only made for
effect.
The next item in Mr.. SIS argument is
that Mr.. Ferret "relies very largely for his
acquittal upon his political associations
and political influences, which he expects
to be able to bring to bear upon the
Board" and is unfortunately worded.
He here attributes to Mr.. Ferrel
popularity not consistent with
tho character no gives him in his
charges, and certainly places a very low
estimate upon the intelligence and in.
tegrity Of this Board. So far rs the rs.
siStance rendered Mr.. I. by the two gen
tlemen alluded to by Mr.. s., it is Just such
aid and influence which will be brought
10 bear in Mr.. Ferrel's favor by every I'm.
BIASED citizen in his community. They
show no countenance or respect for such
malicious prosecutions rs this one. These
men were attentive listeners during the
whole examination. They wished 10
know the truth Of tho charges against Mr..
Ferrel, because he had, TO q great degree,
enjoyed their confidence. No one who
knows their past records will for o mo.
ment doubt their patriotism. And if the
evidence had sustained the charges they
would have been the last men to have
rendered Mr. F. any sympathy. But to Their
judgment, aud 10 the Judgment of all i'm.
partial persons who heard the testimony, il
failed Of doing this. It revealed to them q
bitter and contemplate persecution, Raged
to crafty personal malice on the part Of
one, and personal interests on the pari
Of the other prosecutor. To question
their judgment is to question the judg'
ment ofWo7thirds Of those who attended
the trial.
Itistrue that in the year 1910 tho Cum.
berland road from the Ohio river 10 the
Pennsylvania line was completed. OF the
character Of tho materials used in tho con-
struction of the bridges, it is immaterial
in this trial. One point, however, in Mr..
Stanton's argument concerning these