The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-08-16
"OLD.S0RATgHH ARRESTED.
Joe Caldwell Held to Answer.
He Resists the Officers Of the Law.
The Tables Turned i'm Green.
brier County.
commissioners Sperry's Opinion of
the enforcement Act.

well, Registrar OF Lewlsburg Township,
was arrested upon warrants issued by
United States Commissioner Sperry, upon
the respective complaint of Bedford
johnson and Dr. j. l.. Nelson, that he
had, in violation Of law, refused them
registration
When 0. P. Hoover, Deputy United
States Marshal, repaired TO j. F. Cald.
well residence, to execute the warrants
put in his hands by Commissioner
Sperry, the latter refused to go with
the officer Hoover then came upon
the street and summoned number OF
citizens TO aid him in bringing the re-
fractory Joseph before the Commission
er.-Reaching JOsephs residence with
his requirements, the doors were
found 10 be bolted and admittance de-
MED Hoover then went back and re-
ceivcd instructions from the Commits
sioner to force the door if necessary.
He advised Joseph, who sat at window,
of his instructions, and Col Jones sug-
gested to him "the propricty Of yield
ing to the officer Of the law without de-
lay He replied, 81 hear you. but
shall take my own course, and then
left the window
Marshal Hoover then forced back
door and entered with his posse Joseph
was not to he found in the room where
he had been seen few moments before.
Various other room doors were tried
hu; all found locked. Keys were call
,d Tor and the search began. Finally,
he was discovered at the head of flight
of stairs leading into the attic, with q
drawn sword, with which he was hack
ing downward through heopening He
was called on to surrender. "My house
is my castle replied Joseph. Not to
protect you from the law, came from
one the posse Col. Jones then sngges-
ted the fol ~ of his course, and advised
him TO yield to the majesty Of the law
without further parley, assuring him he
should have q fair trial Joseph re
iiccted moment and then said II will
take your advice, and came down and !
went quietly before Commissioners
Sperry.
He was tried iirSt. .on the complain; of
sum of fifteen hundred dollars, to APP /
pear before the United States Court in
in November next, TO answer |
an Indictment. DR.. Rucker became ,
Caldwell 5 security.
The complaint of Dr.. Nelson was con-
tinued to Yesterday (Friday) morning, at
IL o'clock.
The following is the substance Of
Commissioner Sperry's decision in Mr..
JOhnson's case:
II am of the opinion that the case at
oar is palpable and premelitated vic.
alton of the law.
The complainant appeared before the
'egistrar and offered to takes all the oa,hs
'cquired by the law.
1t is contended by the counsel for the
prisoner, that Notwithstanding the ap-
plicant was ready and willing to make
oath that he was qualified voter, vet,
i was discretionary with the registrar,
under the law, to register him or not as
ne saw proper.
cannot give the law any such con
.truction. The right OF suffrage is the
most sacred right Of Il freeman; and
N my opinion it was the intention Of
congress, when they passed that act, TO
enforce the right OF citizens to vote; to
protect citizens of the United States III
hose rights that they were deprived OF,
by corrupt and iniquitoUs laws in the
severa! States in the Union, and to in.
sure, 10 every citizen Of the United
States, the rights guaranteed to him 10y
he Constitution and laws Of the State
where he resides.
cannot believe that the United
States Court will ever hold that any one
person or Board Of Registration, will be
permitted 10 exclude whomsOcver they
please, because, in their opinion, they
IRE not loval?
I'm West virginia, there are divers
opinions as 10 LOYALTY. A great many
we're Of the opinion. during the war,
hat LOYALTY consisted in Numbering
heir nciohhors of their Goods and chat
eIe and many bold;nG that opiniou,
ire now in mower in this State would
NOT wish my LOYALTY 10 lao indeed from
.uch q stand point
,uIicaut toles tbe oath that he has /
never given aid TO the rebellion, or. in
other words, take the voters oath, that