The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-11-08
counsel to this tediou, and prOtracIcd case

removalof John Ferrel2" have not
room in this argument 10 60 over the sew.
cral specifications and, marahaling the
evidence upon each, show the failure 10
establish it. II would please US il the
board will carefully read each BpeCifca.
ton in the manuscript, (they having been
in several particulars incorrectly printed,
md SEQ whether single one is sustained
by tho evidence. Upon some of them no
evidence was offered the remainder
have been expressly abandoned in argu.
mont We understand that the case upon
which tho prosecution mean TO rely Is
stated in their opening argument, and
that in closing they should not go outside
Of tho questions raised in tho previous
arguments. With that view Of the case,
We shall direct what we have 10 soy, as
much TO their argument as 10 the con-
sideration Of the testimony, the latter
having been lef out Of tho case by the
prosecution.
All the complaints against Mr.. Ferrel
relate to
| The road,
The oxen, and
The contracts.
As to the road-The testimony for tho
prosecution as To tho condition and man.
agement Of the road has been entirely
abandoned by their counsel. He relies
entirely on his own statements. Alter
being driven 10 make new law 10 Ct the
facts, no discovers that his witnesses
evidence won't permit the application Of
the law Of his own manufactures; and he
turns out with Mr.. Lunsford to hunt up
new facts, being finally driven to testify
what he should think. 1t is unnecessary
for US TO deny the truth OF these state
ments. Mr.. Robert Marshall, their own
witness, has saved rs the trouble. Mr..
Marshall, who hasa lifelong knowledge
of the road, has put great deal Of work
on it, and recently purchased valuable
property adjoining it, says: "The road is
in fair condition; there Is nothing the
matter with tho bitches; the road is as
good as the tolls will make it, &C." am
willing to leave the question Of the con-
dition Of the road 10 be settled between
these gentlemen and their witnesses, with
out recalling the testimony Of James An
derson, William Moore, John G. IIervey,
John L. Sisson, franklin Ball, Thomas
Thornburg, Thomas and Jacob Horn
brook, and many others Of the best men
of the county, including the contractors
and men having practical knowledge Of
the road, that it is in as good con-
dition as can be hoped for under all the
circumstances, as good as it ever has been
in the last twenty years, and much bet
ter in many respects, particularly side
roads, than under Mr.. Lunsford. l nm
very willing, and proposed in the first
instance, that the board should determine
these questions by personal inspection
Of the road, if that be necessary 10 re-
vive their recollection Of its condition.
Unjust say here that am constrained to
believe that the statements made as 10 tho
condition of the road arc not made for
the purpose Of aiding the board in its in.
quiry into this matter. They are so un-
supported by the testimony Of even tho
complainants' witnesses; in many instan-
ces so much ut variance with that tests
mony; SO utterly devoid Of foundation in
fact, as 10 compel the belief that they are
made not for effect on the board but to
kindle afresh and keep alive that spirit Of
auimosity against Mr.. Ferret which his
enemies have 30 artfully created and Sc.
dulously nourished. :0n that feeling is
their sole reliance now. AS the testimony
was heard, that feeling began to abate
and had almost expired. In many cases
it had been supplanted by q feeling Of
indignation OF the mean motives Of his
prosecutors and the uncalled for, unfair,
and wholly unjustiGable manner in which
this prosecution was commenced and con.
Quoted.
In support of what l soy, permit me to
call your attention to a comparison Of the
sworn testimony with Gov. Stanton sasser.
tons in few particulars. lie states that
the road is in places "worn to the hare
boulders on which it was originally built"
This is in the face of the testimony,
hitherto uncontradicted, Of three men,
familiar with this road since it was built,
who swear that the original foundation Of
boulders has been taken up for the whole
sixteen miles; that they themselves
helped take it up; that the only boulders
are those since put in by the former super.
intendents to fill holes and bad places,
especially on the hills. The flatness of the
road on the east side of Wheeling hill has
been specially referred to. The road on the
east side Of Wheeling hill is of necessity
narrow; it is cut out Of the limestone cliff.
On the outer edge Of the road is IN ex.
pensive stone wall. A road Of convex
surface would throw q great deal Of water
against the wall, 10 its detriment and uiti.
mate ruin. The plan preferred by the
superintendent is to make the side Of the
road next the outer wall the highest and
to make the slope clear across the roRd to
the inner ditch, thus carrying all the
water away from the wall. So far as he
had stone to put on this hill they have
been put on with that view. It has been
stoned every year for three years. r.t
"Through Fulton dirt has been piled up.
on the side road."f Every witness on
either side who was Intercepted TO this
point answered that it was impossible to
prevent the throwing Of dirt into the
bitches and side roads I'M Fulton, and we
have shown that Berrsl has cleaned them
ont four times this season. 1t is proved
that Mr.. Ferrel has put dirt on the side
road at but one place. Atthat plGce moth.
ing but an embankment between the ditch
and the road viii prevent the latter being
overaoWed by the;torrent of water which
every storm brings down ravine at right
angles to the road. -.
"All these culverts lin Fulton) were
open, andsides road and ditch in proper
condition when Mr.. Ferrel took charge of
the road" This is rather an unfayorable
comment on the testimony of Mr.. Luns.
ford who stated that some Of them had
been closed for twenty years. Weare not
informed from whom Gov. Stanton gets
the information that this part OF the road
was in good order when Ferrel was OPP.
pointed-and Lttn!ford resigned. s"
His remaining statements concerning
the road, all equally as wild as the fore:
going, ! have no room to mention. ]
leave them 10 your consideration, to be
tested by comparison with your knowledge
Of the road, and the sworn testimony.
Your decision will show the community
to how much weight these statements are
entitled. ,zcIgrsg.-s se-ggr