The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-03-29
GhtGHteQigtnfer'
An Ugly BIuuder.:Atre'i, ,Sa,TS Of the plsi DnS
4 tingaished FeDian'' Burke "H"

n
An Ugly BIuuder.:Arresi, 9th Of .ae DIsi DnS
tinruished Fenians' b"'No "N"
Costello. -
II turns out that the two gentlemen ar,
,os,cI At Cumberland Tuesday night upon
. ,elprram from tho Chief of Police o.
his city, on suspicion Of being the conn
Ience men who swindlCd ARCHER, were
General THOMAS FRANCIS BURKE and A
y COSTELLO, tho distinguished dgentlcmer
WHO addressed a public meeting here Ias'
saturday night, and happened to leaV'
nr New York the evening Of the SAINT
dav that ARCHER had been swindled' we
have this morning from the Cumberland
Ntss and from statement Of Gen. BURKE
taken down from his lips In our olllcc
Inst evening, tho full details Of the arrest
tho hearing before Cumberland Justice
the return to this city, and the release
eudered his prisoners by Capt CoNANT'
Mr. ARCHER has been telegraphed Tor,
and is expected to be in the city this
morning, when Messrs. BURKE and Cos
rELlo will ask that he shall confront
them before justice and state whether
they arc tue persons who swindled him.
The blunder committed by Captain
COSANT in the arrest and subsequent
treatment of these gentlemenis is one TO be
regretted on all accounts, and some tea'
lures Of 1t deserve to be noted, In the
dBt place, it does not appear that either
gentleman resembles theperson for whom
he was mistaken. Mr.. JOHNSON, for
whom COSTELLO was taken, had light
hsir, sandy complexion, hatchet face.
COSTELLO has dark hair, dark moustache,
and square, lull face. "DuNLAP," It
seems, IS shorter and stouter than Gen.
BURKE, aud has beard unged with
rrsy, while BURKE's beard is jet black
and remarkably luxuriant. Mr.. ARCHER
described the swindlers to Capt. CoNANT.
lie repeated the description to the tick.
el Sgent at the Baltimore depot. He
answered that two men one with a
beard and one with mousLache, such as
described, as we'll as he could remember,
bsd purchased tickets for New York,
Thereupon Capt. CoNANT telegraphs or.
dering the arrest Of the man with beard
and the man with sandy moustache'
By the aid of this description. the con.
luctOr Orthe sleeping car was enabled to
point out Gen. BURKE TO the Cumberland
police, and COSTELLO s moustache, though
not "a sandy" one, fixed the clutches of
tue law on him.
Now, all this might happen without any
great fault without any wrong intention at
leas0On thcpart oil the several parties to
the arrest, provided the proper guards
which the law throws around the personal
liberty Of the citizen had been respected,
andlhcre was due authority for making an
arrest WeCannot say from our own knowl-
edge how that is, but we are informed
that no warrant had issued for the arrest
Of anybody, and that Capt. 0oNANT was
aclIng without authority Of law. That,
il true, is q serious matter, because the
right to be free from arrest without due
process Of law is one that cannot be rid.
den over with impunity by every consta.
bic eager 10 earn q reward. Itis,quite a
serious thing TO be dragged ont Of bed
at midnight, marched through the streets
without being allowed time to
dress, inCarCerated in u cell, tried.
before a JEFFREYs OF a Justice,
and branded as q swindler-all without.
Tue shadow Of a CauSe. We do not know
whether Capt CoNANT acted by authori.
VoIawarranto or not-it does not appear
'aat any was exhiblted-but We say it
such things can be done by officers invest.
dwilh police powers, without warrant,
Ihen nobody has any security against sim.
ilat outrage.
Nappears from ARCHER's statement to
Ar' GOODWIN that the men who had
sW'ndIed him had been with him four
usysand had come with him from Balti.
more BURKE and COSTELLO had been
10 wheeling from Thursday of last week
" tuesday evening. Their arrival inl
@e city and the fact that they were 10 ad.
S'ss apublic meeting was announced in
@' papefs last Friday morning. They
were about the streets, aud Gen. BURKE
a man Of striking appearance, not
"A''y 10 be overlooked as he walked
aOUU' I. town by vigilant chief Of
pIee' 1t is hardly possible 10
suppose that Captain CoNANr Should
WV 'ee him passing about the streets
va'nS tue five days Of his stay in
u' city and know who he was. Hc Ger.
Na'y saw and hcarlboth him and Cos.
~ .SllO" tho Court House, for VIC are iu-
I%ua C that he was present. Yet at
cumberland he did not recognize the
%sOaeFs at all! Had he done 50, knowing
Hasy,n msy had been in Wheeling the five days
r'.'a'nS' and knowing, too, Of ARcHER's
~, easement that the men who swindled
a'l nsd come from Baltimore with him.
SsN SsSon'd have seen that they could not
Sn Tule same, and this with Mr.. GoopwtN's
~ ~.ute to identify BURKE as "DuN1Ap,n y
i' 'ua'a probably have stopped proceed.
@s' lhenanl there. '' y M
AasubseQucnt trouble appears 10 bavc
Arisen from Can, Cow ,>,r,s ,,,,I,...'l'. '. 49,. :