The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-11-08
Ghs4ntelIiaetrter:
Proceedings Against tho super.
intendent Of the Cumber-
land Road.
Argument for the DOfonse.

aTkllluOuL LOT tu0 bUlGuB9s
D. II, SToRER AND J. D. maxwell,
vs..
ions FERREI, supt. Cumberland Road
Before The Board of Public Works o
Vest Virginia.
ARGUMENT OF W. p. HUBBARD, ron TIL
DEFENDANT.
Gentlemen Of the Board of FHJlic Works
At the close Of the testimony, somr
two weeks since, tho counsel for Mr.
Ferret expressed their willingness that thi
case should BIO submitted without argu
mGnt. The Board arc, by hearing tht
evidence and by their past knowledge o
the road, better informed as to most o
tho questions Of fact than counsel cat
hope to be and even il II were otherwise
it would DO impossible, within the limit
assigned us, 10 silt, compare and weigh TIT
testimony Of more than sixty witnesses
1t further seemed to US that oil tho cues
tons Of law which can be involved il
this case arose when the sufIiCiency of thu
specifications, and the propriety Of Ger
tain parts Of the evidence, we're under con
sideration; and were, as they separately
came up, deliberately, definitely and
finally decided. The prosecution seemed
TO feel, however, that their case depended
upon, and in fact consisted of, their Argu'
ment; and we have no objection to meet
ing whatever case they can make against
US in that or any other way, if we have
proper notice. II is matter Of satiStnc'
ton to us that tho case against Mr.,
FGrrel, after shifting through so many
phases, has OF last been reduced Ia
writing and certainty, for We suppose
that we have in the columns Of the Wheel,
ing Daily Register Of October 81, 1869, q
full and final summary Of tho views and
reviews, the statements and miSstate.
ments upon which that "large and respec'
table, portion Of the community 81. Ii
Storer and j. D. Maxwell, by Stanton
and Allison, their attorneys" base their
demands for Mr.. Ferrel's removal.
The compliments rely no longer on
their charges, specifications and evidence,
and in supposing that they ever did rely
on them, we have, as we are informed,
"cntirely inexperienced the object Of
the proceeding" The proceeding, as
now placed upon its proper and iegiti.
mate basis, consists Of four parts: First,
lecture 10 the board on the "errors in
which it seems to have participated"
followed BY dissertation on the ."spoils
Of Office" Second, the testimony OF
compliments counsel. Third, q laugha.
BILE burlesque on modern arithmetic, and,
Fourth, an appeal to remove Mr.. Ferrel
to crafty the supposed "convictionS Of on
intelligent and patriotic community"
The board likely may "concur" in the
remarks on the spoils Of Office. They are
doubtless just and true, and would 20 far
to reverse General Jackson's ruling and
practice, If made at the proper time and
place. We are now considering q very
different question, with which General
jackson has no direct connection.
As to the testimony Of Complainant
counsel, detailing facts gathered under
the careful supervision Of his clients, our
chief cause for regret is that the gentle.
man didn't think enough of his own evil
dence 10 give it under oath and submit to
cross examination.
The gentleman's arithmetic We shall
have occasion to examine before we get
through. We have something to say here
about tho grounds on which tho com.
plainants rest their last hope Of removal.
These grounds are plainly and shamelessly
stated 10 be, not that Mr.. Ferrell has been
guilty of the otlenses charged against him,
or Of any oflenses at oil, but that people
want him removed; and the popular feel
ing against him is painted so wildly as to
present the picture Of m entire commu.
nifty in arms against this modern Verres,
this scourge of Triadelphia township.
If the reasons thus assigned for the action
on your part desired by these gentlemen
really exist, they are valid reasons why
you should not act at all. In court OF
law, such state Of facts would result
in change Of venue and removal
Of tho case from tribunal surrounded by
such influences.
Grant for the sake Of argument that Mr..
Ferrel may be removed for causes other
than those laid down in the law. You
are asked to convict and remove him be.
cause certain portion Of the people de.
sire it. Certainly you would not regard
their desires, if you ascertain them 10 be
either mere whims, founded on no reasons
at all, or 10 be the result Of false represen.
tations. If the desires of the people are
made known to you, il is your duty, in a
matter as important as this, TO ask OF them
why they have such desires; and to re.
Quire them to show on what alleged facts
their desires are based. And it is further
your duty to inquire into the truth Of the
facts alleged.
But l propose To show that the issues
which the despair Of the prosecution thus
attempts 10 foist into this case are fatally
foreign to it; and that It is 10 DO decided
upon far different principles.
Whether tho method in which the
charges against Mr.. Ferrel are preferred
is the free choice of those preferring them,
or whether it is adopted at tho instance
Of the board, is immaterial. These gen.
tlemen, as their story is, come to the
Board Of Public Works praying the re.
moval Of Mr.. Ferrel. The board, know
ing how little dependence is to be placed
on petitions in such matter as this,
knowing how easy it is to get the sigma.
lures of most men without any represen.
tations ct all, and to get the signatures Of
the remaining few by false representations,
soy 10 our patriotic friends '"Nhat have
you 10 say against Mr.. Ferrel? Put ii
down in black and white. You shall
then prove it if you can, and Mr.. Ferrel
shall answer you if he can" That way
is fair and just. If the reasons for Mr..
Ferrers removal won't stand that test
they areno reasons at all.
As matter of course the reasons fail,
il, their truth being admitted, they are not
sufficient to justify removal, or il the at
tempt to establish them by proof is un-
successful. Alter their sufliciency was
settled by tho board, and they were re.
duced to proper shape, the question was
''are they true, in point of fact?'' AS we
have seen, very little of the argument for
the compliments has been addressed to
this question, and on that part they place
but little reliance. Great care is taken to
avoid that question, and the only issue
leNappears TO be whether we can get these
gentlemen to meet tho issues they have