The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-01-29

On. O'LEAaY's CASE.-The hearing Of
the argument in the case Of Or. O,Leary,
who was fined for deliveringa temperance
lecture last Sunday, and in behalf Of whom
motion to reopen IL pending, was to have
been heard to-day before the full bench oil
the Clay District Justiciary, but Justice
Miller was detained by sickness In his
family and Associate Justice Fhilips de-
clined 10 sit in judgment on the case 10
the absence OF the Chief Justice, but post
poned the hearing. This made the coun-
sell for the defence mad oil over, and as
sertions that the court was playing
Hsfreeze out" with the Doctor, and was
likely to get away with the medical gen.
tleman by having better staying powers,
were frequent.
A reporter for this paper interviewed
Counsellor O'Pendleton, who is acting as
amicuS curiH on the subject, but the Coun.
sellor evidently regarded the newspaper
man as vampire" who was endeayoring
to "iced and fatten on tho ruins pt q dy.
ing Republic" and declined to shed any
information on the state OF the game.
Counsellor Cracrait was less reticent,
and said it was the grossest outrage that
had come under his notice in the whole
course Of his legal practice. "The idea, he
said, f" OF trying q man for 9 misdemeanor
when the defendant himself was not pres:
ent and did not appear by counsel, would
be ridiculous. il Il was not unjust. The
Declaration OF Independence, the Bill OF
Rights, tho Constitution OF the United
States and West Virginia, to say nothing
OF tho by laws and statutes made in pur.
suance therooi,guar9nteed to every citizen
the right to be confronted with Ills aciu-
sers, the privilege Of summonfng bis wit
nesses and the opportunity, II he desired
| it, OF being tried by jury Of his peers.
80 I.eaty," sail the advocate, warming with
his theme, chad none OF these privileges.
He was summoned to answer an alleged
offence for which he could only be prop
erly tried on warrant based on proper
affidavit and executed by the arrest Of the
defendant. IN that GaGp ha you'd hgYe
been brought before the magis.
trate, been entitled TO reasonable
time to prepare his defense and had an
opportunity OF availing himself Of all
rights to WHICH he was entitled. Instead
OF this he was never brought into court,
snap judgment was taken on him and
thU Alst AtN tHpN 80 ehttSHh'SAt "ieu
about $50 in costs was being leVisi on his
property. Now they decline to give US a
hearing and think they eau wear the doc.
tor out b.. p8king him lose more money
In waiting than the Wh1le GAGS amounts
to-"
In conclusion the counsellor announced
his intention Of going 10 the bottom facts
through the, medium Of the next grand
jury. lie indicated that he had suffered
enough from the performances Of Justices
Miller and Phillips to make his hair turn
prematurely gray, andlhe proposed to pull
doyn the pillars. OF their commonwealth,
II necessary, even II Bill Love, Martin,
"Pete" and "Hayes' were buried in the
ruins OF the wreck.
The reporter hunted round for more in.
formation on the subject, but this was
about all he could get last night Justice
Phillips sail lie thought the adjournment
would be for about 0 week, which will
give time for further information.