Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1869-05-25
tFor the Spirit of Jefferson.
ELkwooD. Nav is, 1859.

late arrest OF MIR. Henry ID. Mlddlekauf, OF
your town, on the charge of having commit
ted an assault with the intention of perpetra-
ting robbery, upon the person of Mrs Mar
garet Sullivan, hear Duffield's Depo'. 1t be-
came my painful duty to issue the warrant
for his arrest, and to conduct the examina.
tion of the charge preferred against him
Circumstances of so peculiar nature have
arisen in connection with this atfair-chargcs
of so serious nature have been urged against
me, that feel constrained, in self-defencc,
to make this statement through your paper.
Unfortunately for the interests of the accused,
as well as for those of the community at
large, an extremely viruleut party spirit has
manifested itself in relation to this matter.
When Mr.. Sullivan appeared before me, l
expressed the greatest surprise, declaring that
it would take strong aud convincing evidence
to sustain such an accusation, and that L
could not issue a warrant on his affidavit, but
would do so on that of his wife. GA his de-
claring it inconvenient for her to appear be.
fore me, | went to his house and took her
affidavit; but on examining her in regard to
the personal appearance of Mr.. Middlekauff,
| found her description Of it so totally diff
icrent from the individual in question, that
fearing some mistake, | examined some 'ctt
HesseS designated by herself and h"SJand.-
\ neighbor Of the Sullivans, one Mr.. VIM.
NJ Snyder, made himself conspicuously zeal
Gus in the matter, and during the cxamina-
ton of his wifc-one Of the witnesses in qucs-
toni discovered that he had already pre-
Judged the case, and that he expected SIM
liar course oa-my part. Now, the fact that
| examined these witnesses, before issuing
the warrant, has been made the foundation
of charge against me by Mr.. Snyder, viz :
That had transcribed my duty, and showed
a disposition not to act impartially in the mat
ter. This charge, l am also informed, has
been sustained by the authorities in Shop
herdstown. l have only to offer, in my own
defence, the following extract from Mayo's
Guide, acknowledged as universal authority.
in the conduct of the proceedings of JUS
tice =
"Upon the complaint being made, it is the
duty OF the Justice to examine the complain
ant GmI srch 'citnesses, if any, as he may pro-
duce on oath, and to determine whether there
is probable cause for proceeding further
lie should not proceed ii, any case upon ne
complaint, sokey because such complaint has
JccIt nla,le, but should eudcavor to inform
himself Of the true nature of it,
However, | thought the circumstances sus-
picious enough to justify me in issuing war
rant against Mr. Middlekauff- according
ly it was issued, but before it was possible to
place it in the hands Of the proper officer,
Mr.. NJ. voluntarily appeared before me, aud
demanded an examination. The time and
place was appointed, but before it transpired,
an individual whom knew to be much under
the influence of Snyder, came to me and told
me that it was expected that l would hold
him for trial, as n contrary course would be
extremely unpopular. OF course | made no
reply to this attempt at dictation. On tie
day of the examination, Mr.. Snyder came to
me aud told me that I was unfit to try the
ease, inasmuch as | had expressed an opinion,
aud c0uli not act impartialty. How, or from
what source, he derived such an impression,
cauno: say, but without taking any further
notice CT hinI, I proceeded to the discharge OF
my duty. As the examination proceeded, 1t
was proven that the individual committing
the assault was tracci from Mrs. SuIiivans
house to 4 point mile or two Southwest Of
Charlcstown, where he WAS lost sight Of
short time before sunset. On tho contrary,
Mr.. Middlckauff was proven at Dutlield's De-
pot at ? clock, p NJ, ca short time before
the assault was committed and traced step
by step to Clarlcstown, where he arrived at
about O'Clock, Z. NJ. Thus it seemed to
me that 4 clear and ncon!cstil.ie uHJi was
established, and my duty which appeared to
nc perfectly obvious, | discharged without
fear Of consequences. and accordingly dis
missed Mr.. Middlekauff Some OF my friends
assured me that during the progress of the
examination, Mr.. Snyder's remarks outside
were exciting. and calculated to farther cx-
cite the already over wrought minds Of many
present. How this may be know not, but
| am SO informed.
BY most extraordinary procedure in vio-
lation of the spirit, if not Of the letter of the
law-Mr. Middlckauff was re arrested, aud
dragged eleven miles from home, for re cH-
animation before magistrate there. although
there were two justices in the same town in
which he lived. Having been invited by the
magistrate by whose order Nh MiddlcSauh
was re-arrcstCd, to sit with him on the exam
uation, proceeded to Shcphcrdstown, but
on arriving there, 1 found jurisdiction had
been assumed by another Justice; and that
Mr. Suydcr's representations and influence IN
Shcphcrdstown proving all prevailing, the
courtesy l met with was but scant. attend
ed the trial, however, anxious to discover what
new evidence might be elected in the course
of the re examination. The most singular
feature in the affair occurred IN the eXamlna-
ton of Mrs. Snyder. In stating TACT with
regard to time. she observed THAT she knew 1t
at the time she was eAalDlueu ny 'Hc' ou' "
not state it, and giving no reasons why she
did not, asked permission to inquire OF her
why she withheld from me what ought to
have known, but it was refused, aud am
only left to conjecture the cause OF her strange
course.
Thus [ have done with this very painful
affair, but the extraordinarily vindictvc feel
ings with which have been pursued, by some
;rJ;r;J,,,Is FIR tho course which | believed
nv duty compelled me to adopt with regard
to it, has induced me, though very reluctant
Is. to make this statement.
LIE. CURRIE.
1I.,,nr,,>, C,D>rx Co1rrcE-Hon. Thos