The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-02-22
THE CAS- Investigation.
An All-Day Session, and no Progress Made.
Counsel sparring over TeOhnlcallties of the
Law.
MaxwelIs Commitment for Contempt Still
Hanging Fire.
The Examination Continued TO Monday
Next.

The preliminary hearing of John Max
well and Andrew King, charged with en-
bezzlement and arson, which was COM
menced before Justice Caldwell on Thurs
day afternoon, was resumed yesterday
morning, Mt the Court House. That is to
saw, His Honor Justice Caldwell and the
attorneys on either side were present TO
continue the investigation, but, as will be
seen from our report of the proceedings,
the progress made in the inquiry cannot
kbe considered encouraging by those who
desire to complete it soon.
STANDING ROOM ONLY.
The hour TO which the Court had been
adjourned was 10 o'clock y. NJ. Long be-
fore that hour had arrived there was a
throng about the Court House, and only
those who were possessed of the "open
scsame were enabled to obtain admission.
to the judicial chamber. AT the hour
named Justice Caldwell and the attorneys
engaged in the case had assembled in the
Court room, and soon afterwards the
doors were thrown open and the wait
| ing mass Oh humanity OuISlNCS Inv 81
many wild animals, rushed into the lob
by, crowdiug and jostling each other rough
| lvin their eagerness to getinside and obtain
desirable seats. But Notwithstanding the
eagcrness with which the multitude had
poured into the building, they were DOOM
ed to disappointment, so far as the reaiiza-
ton OF any expectation OF exciting dis
closures i'll connection with the gas ln-
vestigation was concerned. They had q
long, weary wait of it, but they stood it
like brave men, and eagerly devoured all
that was passing on inside the bar which
separated the elect from the "madding
crowd"
PREPARING THEIR OWN COMMITMENT.
The counsel for the defense were in the
meanwhile busily engaged at their table
preparing some papers, and copying
record of the examination OF the previous
day from the columns of the lNTELLI-
GENCER, for which honor we lift our hat
| to the honorable counsel in passing. 1t
was generally understood among the Gin
ncr circle" in the Court room that the
defense were preparing an application for
n writ of error in the Maxwell commit
mcnt case, to be argued before Judge Mel
vin, sin chambers" and that the investi-
CATION would not be proceeded with until
said application had been argued before
His Honor and decision obtained rs to
whether John Maxwell could be commit
ted for contempt i'll refusing to answer the
questions put to him by the State. Time
| flew by rapidly, and the attorneys for the
prosecutions, becoming impatient at the
hardness of their opponents in the case,
began to mutter that the proper time to
prepare their papers was previous to the
| hour set for tile continuance of the hear
ing. Members of Council, reporters and
spectators, i'll the meanwhile put i'll the
time as best they could, smoking their
choice Havanas, telling stories, and Mi
cawber like, waiting for something to turn
up.
TO WHICH OPPOSING COUNSEL OBJECT.
Finally, at the witching hour of high
noon, Mr.. Russell, of defendants counsel,
handed to Justice Caldwell several pages
of closely written foolscap, covering a
the facts pertaining TO the refusal of MIR.
Maxwell to answer, which was signed by
the Justice Mr.. Russell then announced
to the Court that he wished to have stated
| in the commitment made out against Max
well the entire facts of the case, setting
forth tho questions put to the witness by
the State, etc.
This was objected to by the prosecution,
and discussion ensued which WAS con-
tinued until r. NJ, when the matter was
submitted to the Court. Justice Caldwell,
! i'm announcing his decision, stated that i'll
alt his experience he had never before had
Il similar question 10 dGGide, 4 commit
mcnt of the kind demanded by the defense
had never before been asked i'll any case
which had come before him, and while he
| hoped that if he was i'll error he would be
corrected by = higher tribunal, he felt that
he had no reason for departing from the
precedent established in such cases, and
would therefore refuse the application Of
| defendants counsel to include record OF
the case in the commitment.
Mr.. Russell then made motion that
the action of the Court i'll refusing to in
clude the matter referred to i'll the COM
mitment be entered upon the proceedings.
which was allowed.
! DOE. : COMMITMENT COMMIT?
The following commitment was then
made out and placed i'll the hands Of Con-
stable Exlcy for service.
STATE Of JV5S Virginia, Ohio Comfy, to-wh:
| To Charles Exley, Constable of Clay Dis
trict, in said county, and to the keeper fthe
| Jail OF said county:
| Whereas John l.. Maxwell, on the goth
day Of February, 1879, in Ohio county,
having been duly summoned to appear
| before me and testify in behalf OF the State
of West Virginia i'll a certain examination
OF ono Andrew King, upon a charge of
felony, then and there being had before
|
pcarcd before inc and was duly sworn,
vet refused to answer certain questions
material aud proper to be by him answer
ed and which were propoundcd to him on
| thu part Of said State; and whereas the
said John J.. Maxwell has refused and
does now refuse before me to answer such
questions.
These are, therefore, in the name OF the
State Of W0st Virginia, to command you,
the said Constable. forthwith, 20 convey the
said John l.. Maxwell to the Jail OF the
said county, and deliver to him the keep
er thereof, together with this precePt; and
you, the said keeper, TO receive the said
John L. Maxwell into your custody, i'll the
said Jail, and him safely keep until he
shall answer such questions or be dis
charged by due course OF law, and for so
doing this shall be your warrant.
Given under my hand, i'll said district,
this 2Qlh day OF February, 1879, w. IL.
Caldwell, Justice.
The examination was then adjourned to
5p ~, pending the proceedings i'll the
hglcn< c0rI'!s case, it being understood
that writ Of this CHARACTER would he aP-
piled for.
Constable Itxtey at onUc took Mr.. Max
well into custody. The prisoner, through
his counsel, Immediately applied for II
writ OF h0Lenx corpus, which was granted on
! La, fJnyvnII'SN ouiIuCit bn bniDty SUOrn