The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-03-13
CRUDE HELD.


The preliminary hearing Of John 7.
Grubb, charged with attempting to shoot
C.s. Howell on the evening Of the 10Th
inst, came up before Squire W. W. NIL
Ter, at his Office on Twelfth street, yester-
day at 10 o'clock. L. IS. Jordan and E. g.
Cracraft Esqs., appearing for the State,
aud Good and Woods for the accused.
The little Office was packed with persons
anxious to hear the evidence in the case.
Mr., Good, when order was obtained, adj
dressed the Justice, and said that in be-
half Of his client he desired to read the
following statement and affidavit:
State Of West Virginia VS.. John T. Grub.
Before W. w. Miller, Justice OF Union
District, Ohio county, w. Va, upon two
charges, one for carrying concealed weap-
ons and the other for an assault upon one
@. S. Howell.
The defendant, John T. Grub, moves
for the entry OF an order transferring the
cases now pending against him before w.
W. Miller, Justice, as aforesaid, to some
other justice OF this county, to. be by such
other Justice heard and determined ;.but In
this motion he expressly .excepts to W.
Philips, one OF the justices OF the said
county, being the justice elected for such
hearing and determination, for reasons
given In the Accompanying affidavit:
Affidavit in support Of the above mo-
ton:
John 7. Grub being first duly sworn,
says that he has been informed and be-
lieves tibet W. W. Miller, justice as afore-
said, has expressed his opinion in respect
to the cases now pending againat the atl-
ant and that he has declared that this
affiant Is guilty, and that in one OF the
cases, viz: the one for carrying concealed
weapons, declared that this atIiant could
have had no defense Atliant further
states and believes that the said W. W.
Miller entertains personal hostility
pgainst him, and therefore an unfit person
TO hear and determine the cases now pend
| ing before him. Aiiiant further states that
he desires to summon the said W. w.
Miller as witness in his behalf, and that
he cannot have the benefit OF his testimo.
ny, which he says is material to his de-
Tense, unless the motion now made is per-
mitted to prevail.
Atfiaut objects to W. Philips being the
Justice selected to hear the cases against
him, because he says the said Phillip is
an inyeterate enemy OF this llliant and
that he could not, nor would not render
an impartial judgment in the cases above
referred to, JOHN I. GRuRB.
Subscribed and sworn to before me by
John I. Grub, this the 18th day Of March,
A. D. 1850. j. II. GOOD.
Notary Public.
Mr.. Good then spoke briefly in favor Of
the request made by the accused and in
sisted upontt being granted by the justice.
Messrs. Jordan and Cracratt resisted the
application generally and the Justice
showed disposition to grant the request.
| W. II. Caldwell, Esq, and james Bulger,
ESQ.,, refused fatty to sit in judgment, but
directly Justice John r. Miller having
been sent for put in an appearance and
The hearing was proceeded with.
Thos. NJ. Darrah, ESQ.,, was first called
by the State, and narrated the circum.
stances Of the alteration very briefly and
pointedly. He and Mr.. Howell were
coming down Twelfth street, and when
near Market, the latter was accosted by
Grub, who asked him II certain epithet
had been applied to him (Gfubhl by him
(Howell). The latter replied that it had.
Grub then drew back and Howell closed
with him. In moment witness saw re-
yolyer in the grasp OF each; wrested it
from the hold Of Grub, and has retained
possession Of ever since.
Mr.. Darrah here exhibited the revolver,
a very ugly one, shooting number four
cartridge, and OF that manufacture OF pistol
peculiar to pawnshop show windows.
The revolver was handed over TO the
Justice, who looked at it narrowly and
laid It carefully aside It was loaded,
every chamber being filled.
Witness was asked some questions on
cross.examination, that ELECTED nothing
additional.
Major ]. W. Sweeney was called, and
testified that at the time OF the occurrence
he was in ]. W. Grubb's store, imme-
diately opposite; that his attention had
been directed to the encounter by Mr.. j.
W. Grub. He FASTENED Mt once to the
scene, but found John in the custody OF
Pate st. Myers. Had not seen the revolv-
er, nor had he heard the words passed be-
tween the combatants before embracing.
Mr.. VIII. S. Faris, OF the RegiGeF, was
the most important witness called. Grub
had been in the Register office about ten
minutes before the occurrencei had said
to witness that no would take Q witness,
hunt Howell up and make him retract
what he (Howell) had said in regard to
him (Grubb); he also said that he would
shoot or mash Howell unless he did so;
other talk OF a threatening nature was
also spoken. Witness had justified Grub
In his course, but explained that it was
only in fun. After the melee OF the after
noon he had another interview with
Grub, at which Grub said that he was
sorry for what he had donei that he had
had the muzzle Of the pistol against
Howell's stomach at one time land could
have shot the CUTS out Of him II he wanted
to-"
To Mr.. Good.
"He said he would shoot or mash
Howell"
One or two other witnesses were called,
who corroborated the statements made
above.
At 2 o'clock Mr.. Good made very fore
ible speech in favor OF light bond for
Grub, and also reviewed the evidence at
length.
Mr.. Cracraft followed in short speech,
in which the intentions OF Grub and his
declarations to others in the matter, both
before and after, were reviewed.
Mr.. Jordan, for some reason peculiar
to him." waived the felonious part oil the
charge, and asked that Grub be held on
charge Of assault, for the County Court,
and that lie be fined for carrying concealed
weapons. The Justice held him in $3.50
for court, and fined him S. and costs for
1.-The after.
Grub left the 'squire's Office in the Gus
tody OF the constable and after time re-
turned with A. ]. Halstead, who became
his bondsman, and also paid the fine and
costs in the other case.
RELIGIOUS NorEs.-At the United Pres
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