The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1878-06-06
sTEUBEAVILLE LOCALS,

The trial of Thomas J. Lyons By s
iurY before tho Mayor, for keeping open
his barber shop on last Sunday, contrary
TO the ordinance prohibiting 1t, COM
menced this morning ST nine o'clock.
The case was given 10 the jury a. 30
in the afternoon, and in ten minutes
thereafter they resppeared in the court
room ard rendered g verdict Of guilty.
The Mayor immediately assessed hne
o! so and costa, making $40 in all, and
ordered mat the prisoner stand commit
ted until the sum was paid. Iae defend
ant, however, before the order could Da
carried out, through MS attorneys, J, +.
Dston snd Walter G. Ong, msde sPPh-
cation before Probate Judge Jordsn for
writ of hG5eaS corpus. The Probate
Judge, being very busy, and not hsvItG
time 10 hear the case this Al
terBoon, the Sheriff, on j. +.
Daton and Walter c. Ong, Esq, and
Mr.. William DOugherty certifying 10 &
bond of 81, 900 Tor the prisoners appear
snce before the Probate Judge to-mor-
row, released him.
1t was incomprehensjbie to Us why
iurv trial before the Mayor was fixed
uyOn 81 all. There was no question for
a jury to decide. Mr.. Lyons did no:
DENY that be had kept his barber snop
open, but claimed that the Mayor had
no right to close him up under the ort!-
nance, from the fact that il was uncon-
stitutionai II was therefore question
of law to be dec! led, and not IS to
whether he was guilty or no. guilty.
The evidence produced by tie defense
was for the purpose of showing that II
was necessary for him - carry on his
business on Sunday for the sccommoda-
ton of his customers Only one witness
was produced by the prosecution, he bcIrs
the marshal of the city, who testified 10
the fact that the barber shop was open
on last Sundsy. and tina. rs regular bust
ness was carried on. The Mayor charged
the Jury that they should find q verdict
under the ordinance, which they did.
From the fact that this Is = test case,
and vii! show the legality or il.eEaIILy
of the ordinance, large amount OF IN
terest is taken in it in this community.
The decision will also stand as piece.
dent Tor many other places IN ONO
where exactly the same questions IN lis
pute sre the cause eC much contention
and strife. We believe the larger por
ton OF our citizens sympsthlzo With The
defense 10 the case, not thaJ they have
snv personal interest in the defendant.
but from the principle involved. II the
Probate Judge tomorrow decides TO
grant the hajeaS corpus. the case will
then 90 up to our Common Pleas Court
for hearing. 1t will therefore be some
time before the end is reached.
The parties tsvoring and disaPProv.
Ing Of the proposed pike to run from La
Grange 10 SmithieId are presenting
their arguments to the County Commis-
sioners. No decision by the Commis-
sioHers has yet been cached,
Some parties broke open the stable
door of the st. Charles Hotel last nlgnt,
and taking out horse belonging TO the
proprietor, rode him of. lie Was found
this morning in pasture lot about tour
miles up the river. A dangerous pro-
ceeding for any one TO be guilty OF tor
the sake of few miles ride INTO the Coun-
try
The Knights of Pythias have char.
tered both the Abner O'Neal and the
Della 10 ply between this city and
Browns Island on the Fourth. Their
picnic will be one of tho largest Affairs
that ever took place in this nei shbor-
hood.
The assessors Of this city succeeded in
finding 4S2;dogs. We were always Of
the opinion that the de- population OF
our city was about on an equality with
that OF the human family.
The game Of base ball yesterday, be-
tween the Market street boys and the
Fourth street resulted in a score OF If 10
II In favor OF Market street.
Rev. K l.. Dashiali, ID. d OF New
York, will lecture in HsmIine Church,
Friday evening, on "A Situation Wanted
for GcDlleman's Son