The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-04-10

n. ~, Ear: Tsus Reporter It's "Ncns
~ H;s Buiness" N Anss1er to Psrttnsnt
and Does As0ay 'o1th the Ohssty
Of ths Grand JTy-Yssterda,g, AZ the
Opers House entrance, q csIo contain.
mo photographs of the stasuary
at the Opera House last nigns,
was hung up rs An advertisement .na'
people might see the nature OF tne entor-
tsinment. During the day, there was
quite crowd of persons Prlnclpets
small boys and young men, aoou' tne
entrance. and it so occurred tina! some
one whose morals were not SO good as
b,s profane use OF graphite, pencilied ssy'
ersl OF the pictures so as TO make 'helh
decidedly Obscene. This, Of course, 81
trscted the attention Of a number OF per-
sons who were passing b. st the time,
and was generally commented upon ana
finally it came to the ears OF ooth the
Msyor and Chief Of Police that the PIC
tures mad been go defaced by some person
or persons unknown, ss 70 be wholly uh-
fit tor public exhibition. The Mayor
and Chief at once repaired to the place
where the Objectionable pictures mao
been posted, and realizing tnst tne
obscene touches given them was Inc
bsndiwork OF some one whose proper
pace, If justice were meted out, wouiu
be behind the bars of prison, informed
Manager Hamilton's agent OF the si;ua-
ton. and ordered that the Objectionable
advertisement be torn down. Ihis
was Immediately done, after an e1amina'
ton of the cards which were found to have
been detaced in most ontrages mar
ner, ind the Mayor and Chief OF Police.
satisfied that the law had been enforced,
left the premises But there is "Justice
on Twelfth street, which his name 1t Is
VIM. Phillips, who knew more than did
both the Mayor and Chief OF Police, aud
through some means, either by the osth
of himself, one of his constables, or with
out apy warrant at all, had Mr.. Allen,
the manager of the concern, arrested Tor
exhibiting obscene pictures. The war
rant, if there was any, and our
reasons for thinking there was
none issued will BIZ made plain
in the sequel, is said 10 have been issued
at three o'clock in the afternoon, but 1t
was after eight o'clock in the evening
before Allen was notified that ne was
under arrest, and even then the nQtifica-
ton was only verbal, the constable fall
ing to read warrant for such arrest,
and Allen was marched OFT to Squire
Phillips Office for trial.
"A sort of hearing in the case was
had, the Mayor and Chic. of Police Kip
ley testifying that although the pictures
had been defaced in an obscene manner,
there was no violat on OF law, or Intention
on the part of the parties owning them
TO have them exhibited after such tact
came to their knowledge, and expressing
the opinion that they were not amenable
for the lawless acts of the parties who
had de.aced the pictures. One or two
other parties were also sworn, but no
additional evidence was adducei, the
only fact elected being to the effect that
the pictures were obsence, and that such
obscenity was given them by pencil
marks, evidently in the hands Of malicl-
Gus persons.
The Squire then adjourned the court
until after the performance, durlng
which time it was noised abroad
that he himself had Instiga;ed
the charges, and that his
object was merely the securing for him.
self of case cut of which to make few
dollars costs, the party arrested being a
stranger, and person who would be
gulled into psyiugs fine. We did not
at first credit the. assertion, but such
assertion having been made, and desiring
to get at the fact, when the court re-
assembled after the performance at the
Opera house last night, we accosLed
the Squire with the query as to whom
the party was who had sworn out the
warrant. For this, our impudence to the
majesty of the law, rs he io!led back IN
his chair as though possessed of the
feathers of peacock, he aus wered: "It's
none of your business; you editors know
too much any how"
This put a quletus to our asking for
facts Of u man who was evidently afraid
tened patiently to the "chln music"
INDUCED in by the Squire
and the defendant, little thinking that
there was a justice in Wheeling who
would take it upon himself to usurp the
power of the higher courts, and act as
both judge and jury, and fine person
for an indictable oGense. A Justice of
the peace is State officer, and his duty
is, when persons are brought before
him, charged with Indictablc otienses,
to commit them to jail for their
appearance at court, and turn
the matter over to the grand Jury. But
in this case such was not done The
grand jury, by the action Of the Squire,
have no voice in the matter, and the
stranger in the city WAS fined $500 and
costs, making total of go, for crime
which he had no hand in perpetrating,
and for which, if guilty, he should have
been put under bonds for his appearance
before the County Court. There is too
much of this "costs" business being done
by Justices in this city, and we call the
attention of the Board of Commits
sioners to this one at present, ard
will perhaps develop other facts con
nected with the Justices OF Ohio county
in the future. IL a man is guilty OF an
otfense, give him the penalty OF the law,
but do not sanction men being arrested
that justices may procure small amount
in the way of costs, and usurp the author
ity of the courts. Let there 5e remedy.
THAT economy is wealth can be
demonstrated beyond question of
doubt by purchasing your clothing of
Frank Bros 46 Twelfth street