The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1878-05-03

LOWELL TELLS WHAT HE KNOWS ABOUT 1T,
The answer of Arthur w Lowell TO n
rule issued against him on the 29th Of
April last, TO appear before the judge OF
the Circuit Court, and show cause, If any
be can, why he should not be named as
prosecutor, or be required to give securi.
ty for costs in the cases Of the State
against divers persons of this city, for
unlawful gaming, was filed yesterday
morning, aud is as follows:
Your respondent makes answer and
says tina. on the 9th day OF February,
1878, he WIS summoned rs witness 10
appear on the 4tb day of March, 1878, be-
fore the grand jury Of the County Court
of Ohio county, for the March term
thereof: that Immediately after the SER
vice OF said summons, this respondent
Convened with the defendant and Others
to known what course pursue that be
was advised by defendant Waugh and
others TO get out of town and out of the
State until after said grand jury should
adjourn that respondent lett and did
not appear before said grand jury IN
obedience to said summons that after
wards, to-wlt, on the lst day OF April,
1873, a rule was served upon him to
show cause why he should not be fined
for his contempt In failing TO appear as
witness before said grand jury; that a.
forwards, tC-wit, on the S!h day OF April,
1878, an attachment YVES issued against
him that at the time of the issuing of
said process respondent was still absent
from the State; that respondent received
notice from. his father TO return.
As soon rs he received said notice he
returned TO the city and upon his arrival
he consulted with counsel, and was
advised to remain, and if again sum
moned before the grand jury to appear
and testify. On the 18th of April, 1873,
the respondent received a summons 10
appear as a witness before the grand jury
Of the present term Of the honorable
court. That in obedience to the COM
mand Of the process OF this
court this respondent did APP
pear, was sworn and called before the
grand jury and gave his testimony. Re
spundeUt tor answer to the matter set
forth in the affidavit OF W. A. Waugh,
Robinson, Stanley, Bulger and James.
which respondent mas read, gays, 1t is
not true, that the prosecution spoken of
was Instituted wholly or partially for
the pHrpose of compelling any one to pay
any sum Of money; that he is informed
and believed that it is the interest of the
father of this sffiant TO institute civil
suits TO recover the money lost by this
stiiant in gambling with the defendant
and others. 1t is not true that this aft
ant ever demanded money from defend
ant, or any one else, to settle any claim or
demand, and unless defendant and others
would so settle, that sfisnt would instI-
tute criminal prosecution against them.
Nor is it true that this sthsnt sent : let
ter or letters TO the defendant or any one
else, threatening them with criminal pro-
secution unless the defendant would set
tie with this sttisnt, or ever knew of or
a.sented to any letter written for that
purpose. Ghe attendance of respondent
as witness before the Grand Jury was
caused solely by the process Of the court.
Respondent understanding that the rule
and attachment which had been issued
sgsinst him, had been Issued from this
court, and not knowing that there was
more tbaa one court which had any
thing 10 do with these matters
snd MS attendance before the grand jury
was not for any other purpose than to
avoid punishment for his former refusal
to attend and obey the process Of the
Court No letter was ever written, or
remark made or thought entertained by
respondent, or so far as ne knows, by his
father, affecting in any may the collac-
ton of any claim or deb! by institutiDg
prosecutions or appearing before the
grand jury. In testifying before the
grand jury respondent gave the names of
every person with whom he had been en-
gagged in gaming, to the best of his recol-
lection. Respondent never played st