Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-08-30
WHEELING MEN IN TROU-
~ BILE.
They Had Little JOY I'm Their
Engagement ut MOundsville.

From the Reporter.
As this matter has become the sub
iect OF general comment and discussion
i'm and around Moundsvllle, We will en-
deavOr 10 give the facts in the case as
We learned them from the parties inter
ested on both sides. There seems TO be
a statute law giving campmeetlngs Jurls
dictiOn for two miles around their
grounds to prevent or suppress all
booths, tents, or other contrlvances
which may BE- erected or used during
the time OF campmeeting, Tor the pur-
pose of selling any articles OF traffic what
soever. IL appears that Major ii. JOY
and y. b. Little, OF Wheeling,
wanted to open and operate a
confectionery booth in the town
of Moundsville. They first called
upon Mayor Purdy to learn If town Ii
cense was necessary for such purpose.
Upon being informed that 1t was, IL
cense was accordingly issued to them.
They next selected location on the
north side of the corporation OF Mounds
vile, on a lot belonging 10 II. ii. Cox,
who granted them the use OF the ground
for stipulated price, after which they
erected their booth and prepared for
business. Hardly had they settled
down when they were notified by the
Camp Meeting Association to vacate the
premises, or they would be prosecuted to
the fullest extent of the law, as they Lit
tie and joy were trespassing upon
grounds over which they, the Camp
Meeting Association, had jurisdiction for
certain purposes. Little and JOY then
consulted a LAWYER and were advised to
stand their ground and sell on under
their town license, which they proceeded
to do until Saturday last, when they
were arrested and taken before Justice
G.. W. Evans, at the office OF the Camp
Meeting Association. PrOsecuting-At-
torney Hooton represented the Associa-
ton and Mr. Jacob kemple the deten-
dants. After considerable maenuvering
and hot discussion by the lawyers, the
case was put upon trial and resulted IN
the defendants, Little and JOY, being
fined two dollars and costs, which was
paid, and they were advised by their
attorney, to go right on and sell as II
nothing had happened. This show
ed defiance and fight, and
both sides began to fortify.
Early ON SabbOth morning the bat
tie was reopencd, by Little and JOY be
ing again arrested on similar charge
and taken before the same Justice, at
the same place. Both sides had rein
forced during the night in the way OF
legal talent, HoOten and j. \. Ewing
for the prosecution, kemplc
and Mcclure ior the defence. But the
curious crowd which had gathered
around the office, was doomed to dis
as the case was postponed
until Monday morning, when, alter
very sharp contest upon legal points OF
every description, many of which were
as Greek 10 us, another fine OF three
dollars was imposed, and, upon this de-
cSiOn OF the Justice, the parties de-
iendant will carry the case up 10 the
higher courts. We learn that the main
point in the case is, that the law under
which the Campmecting Association is
conflicts with the corpora
tiOn of Moundsyille and the exercise OF
its charter.
We are not q lawyer, and do not pre-
tend to know or say just what rights are
granted To- citizens under the COnstltu-
ton and laws Of the State, but to an or
dinarv individual the law looks badly
mixed in this case, and it should be de-
clded Us To what power and authority
the town of MoundsvIlle has in ques-
tions of this kind. Public sentiment
and sympathy all seem to be on the side
of the weak. or the defendants in this
case, Little and JOY. 1t is regarded by
Il great many as 4 persecution upon
Major Joy, rs he is well known to the
people Of MoundSville as an upright,
honorable gentleman, having, for long
time, been a citizen of this place. This
is a test case and will no doubt he hot
lv contested on both sides, and its con-
clusion will be- watched for with great
deal of interest.