Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-04-01
tation through the night and into the

.
seen Col Ninal nor examined into his
royalty accounts, but acted solely on the
representations OF Gen. Compton and
the Compton agents.
Hearing OF the removal OF the oil,
Gen. Core conferred with Col Comp
ton, who urged him to get possession OF
the fOrty-One barrels urged as royalty,
and after several interviews and much
importantly on the part OF Col. Compton
and by the advice OF Col X. :. Blair, who
was both prOsecuting-attOrney for the
county and counsel for the company, he
was induced, on the jth of May, 10 swear
out the warrant OF arrest.
The warrant was carried by Col.
Compton to Constable Utterback, at
Petroleum, with a note from Col. Blair,
directing him in substance, to get posses
sion Of the oil il he could and in that
event not 10 serve the warrant.
The constable, disregartling the note,
proceeded to execute the warrant
At the hearing, Col. Compton procur-
ell the services of Judge LoOmis and the
now Judge johnson, to assist Col. Blair
in the prosecution, himself participating
at the trial.
Senator G.. +. Scott, OF Ritchie county,
appeared iOr the accused, who, rs before
stated, was discharged upon the prelimi
nary examination.
Ii was shown that Col Compton had
been hostile toward Col. Ninal, and not
on speaking terms with him since the
wear 1872; had been involved in much
litigation with him, and hal at one time
tried % have him indicted by the grand
jury for perjury.
The testimony being all in, Hon. John
\. Hutchinson opened the argument
for the plaintiff in what was character
lied by his friends as the finest effort IN
his experience at the bar. I'm a speech
of about four hours, he discussed at
length the law OF prObdbiS cd'GSs, produc.
ing a great array of Uniform authorities,
English and American, from early
times TO the PRESENT, showing what
constitutes probable cIUsr: and hold
ing up the facts and circumstances
proved in the case al the bar,
argued with remarkable clearnesS and
force that there was not a shadow OF eX-
cuSe or cause, probable or improbable,
shown i'm eXtenuatiOn OF the malicious
prosecution complained Of-that while
Il might be that only legal malice was
established against Gen. Core, most eX-
press and wicked malice was abundant
In proved against Col. Compton.
Hutchinson was followed for the de-
tense, 10y Governor BOreman in an able,
logical and perSevering argument OF
equal length. Not COntesting the law a.
promulgated in the opening argument,
he proceeded 10 present the evidence in
the best possible light for the defense,
and To apply the law tO the ugly facts he
had to deal with with the mildeSt inter
prrtatiOn language would admit oi,
seeking only az most 10 convince the jury
oi the existence of the probable cause
necessary for protection in the premises.
Judge LnOmis continued fOr the de-
tense i'm an earnest imprisoned speech
i'm which he certainly made most fatal
mistake in the line OF argument pur-
sued. Seeking first to bclittle the
plaintiff and his pretentiOns OF injury,
and to ridicule the opening argument ot
Mr.. Hutchinson, i'm which his shafts fell
harmleSsly short OF their aim, he pro-
c,,eded with vehement CarneStnc>S to
discuss the evidence against the plain
tiff, insisting that the lacts and clrcum-
stances proved, not only showed
probable ca,t0, but were sufficient 10
warran. the jury then and there, in con-
yicting him Oi grand larceny, II he were
on trial upon the charge. Ii was patent
To- observers generally that he Vas
fatally Ovcr-arguing the case; and thus
was turned upon him with terrible eh'rt
i'm the closing argument Tor the piaIntii
by Hon. j. h. Jackson. In the course
ot his most vigorous and practical dis
cu>sion of the law and facts of the
cas-, he turned upon the defendants
and their counsel with an lrrcSis,lhie
irown, and changed upon them persist
ent and aygravatIng malice against ms
chcnt-appealng a. the jury Ia observe
that not content with the wrong and IN
iurv done. the defendants come here
and thru' their paid attorney, rciterate
and persist i'm their utterly unioundcd
and malicious charged against the plIln-
titIS i'm the presence OF all these people.
His closing appeal 10 the jury on the
matter Oi the measure OF damages, was
made with tact. policy Gnd cloquence
that could hardly have been surpassed.
The argument being closed, the
plaintiff offered 20 submit the case,
when the defendants presented and
asked the Court 10 give the jury seven
several instructions. which elected SIX
Instructions on the part of the plaintiff,
which were also asked To- he given.
An these instructions bore directly or
indirectly ON the one only question at
issue. that Oi the existence "i probable
cause and the law appcrtanius thereto,
and were disposed oi witha clcarne>N 81
perception and Judgment highly salts
factory to counsel After carefully con-
Sidrring the same and applying tHr Inv
to the important points raised ant nice
distinctions drawn, the Court directed
such notifications a. the requirements
OF the law demandcd, and proceeded TO
announce 10 the jury all the instruc-
tions asked, except the seventh Tor the
defendants, which he refused, as not
lawful. e..
The ability. afiability and digniiied
manner. with which hiS honor presided
throughout the trial. his clear Judgment,
high appreciation oi the Importance oi
the ease. the prOmptUe>S AMI lmpartiah-
~ of his rulings on the many nice points
that arose in the progress oi the cause
Justly elected the appreciation and a.
miration Of counsel as we'll a OF the
entire bar.
The Jury receiving the papers, retired
and after being in their roOm less
than three hours returned with their
verdict as follows:
I'VE. the jury find Tor the plaintiff and
asses. his damages at ten thousand dol
Lars WooD County, REFuSrS.
PARKERSBURG, W. VA.