The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-01-20
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The Case ofFIapk McShsrry vs.. City ssI
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The Case Of Frank MGSheFFy vs.. City SER
EsRnI SwseHFy aHd OAleeF lee.
About week ago We published an item
stating that 1t was reported that Frank
McSherry had sworn out warrants before
Justice Wheeler for the arrest Of City Ser
geRnt James Sweeney, and one Of his
deputies, Mcshsne Lee. An earnest e.
fort was made by the reporter at the time
to get at the bottom facts Of tine matter,
but he failed on account OF being unable to
see any OF the parties to the suit. The iol-
lowing day, however, the reporter collided
with City Sergeant Sweeney, who NJ once
asked him what q warrant was Issued for
him for. The reporter said he didn't know
hat he would be delighted TO get iniorma.
tiion on the subject. In reply, the Major
confessed entire ignorance on the subject,
adding that he supposed McSherry's oh.
jeCt was q desire 10 have his name pub.
lished in connection with some decent
mans name.
The matter had escaped the reporters
mind until last evening when 1t was re.
treshed by friend telling him that Squire
Wheeler had an interesting case on hand,
being chosen by Frank McSherry to set.
Ito the differences between him and
City Sergeant Sweeney and Officer Nc.
Shane Lee. Repairing to the Office Of Jus.
tice Wheeler the reporter found Frank
McSherrY, City Sergeant Sweeney, Officer
Lee, and number Of witnesses and look.
egs.on present. Tho Justice was tardy in
coming to time, but shortly before 8
o'clock he appeared and after assuming
his Judicial robes announced to McSherry
that on application o. Major Sweeney he
had continued his case until next Tues
day evening, MCSherry then wanted a
rule issued for Johnnie Cooper, one Of his
witnesses who had promised to be pres.
ent, bus who had not put in an appear.
ance. AitIr some consultation, however,
it was agreed to postpone the case against
Lee until Tuesday evening next.
Seeing that the bJltOm Was knocked out
OF the item the reporter expected to corral,
he Immediately Get 10 work to ferret out
the causB BELL
Mr., Lee was asked 10 give his side oil
the affair, which he did in the following
language. About week ago as | was
passing Larkin's livery stable MGSherry
called 10 me and wanted to bet $40 that
Sweeney would be defeated. | told him
that 1t would be time enough to bet after
while. He then said he would bet $40
that would have my buttons taken oil.
answered that that WAS another matter,
passed on and was halt way across the
Market street bridge when he called to
me that he would lick me il didn't have
my poliCeman's suit on, started back
then and told him would arrest him II he
didn't shut up. | understand he asserIs
that came back for the purp 80 Of fight.
ing him, and this is the grounds he has
for swearing outa peace warrant for me.
The reporter did not sec Msior Sweeney
personally, but we undertood from reliable
sources that City Sergeant Sweeney was
passing one OF the Market street saloons
some nights ago and hearing loud
noise therein, entered the place aud found
that MCSherry was intoxicated and acting
in disOrderly manner. The Major
stepped up to him and taking him BY the
lapel OF bis coat told him II he didn't
keep quiet he would arrest him. 1t Is
claimed that for this admonition on the
part OF Ohel Sweeney, MCSherry swore
out warrant against him charging as
sault aud battery. We have now given
the statements Of the defendants rs cor.
rectly as 1t was possible to obtain them.
MCSherry's version Of the affair isq quite
different. He AYERS that he has been un.
necessarily prosecuted by the City Ser.
geant and Officer Lee. He states that he
was In saloon and that Major Sweeney
WAS present, and that because no said he
wOuId not vote for him, or would work for
his defeat, that the Major Choked him and
told him II he didn't stop his blowing he
would settle him, or words to that effect.
He also AYERS that ho has been bounded
by Officer Lee, and has been
threatened with arrest on very
frivolous pretexts and that the
treatment no has received at the
hands OF both has been such that he can
stand it no longer, and therefore he has
called upon the law to protect him. He
claims to have witnesses whose evidence
will fully substantiate his assertions when
the case Is tried. Both cases will be
heard by Justice Wheeler next Tuesday
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