The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-07-28

i the City Building last night for the pur-
,oSe OF investigating the charges against
Iostlsr Kenny Of the Vigilant Engine
House. All Of the committee were present
except @sssrs. Oracrait, schultEe and
Hoffman, but the arst named gentleman
.ame in late in the evening. Mr.. II. NJ.
and Capt. Dovensr appeared for
and Kenny respectively, There
was q large crowd Of persons present and
alao about forty witnesses summoned.
Mr.. R, F. CEiswell, Chairman Of the Com
on Fire Department, acted as Judge,
while B. A. GslligAn acted as CLERK.
Mr., OTisWell said the committee had
together for the purpose OF investi-
eating the charges preferred against Thos.
Kenny, hostleT 81 the Vigtlant engine
hpuse, by Chief Eccles,
The charges were then read, alter which
Capt, Dovener submitted Q demurrer 10
the charges to the effect that the rulea OF
the Department in regard 70 the said De-
psrtment were not legally In force at the
time Of the commission OF the assault. He
then read from the book Of ordinances the
9th and l4th sections Of the ordinances 10
regard to the government Of the employees
Mr., Russell said 1t made little difference
whether this rule was in force or not, As
like rules had been in force for some time,
and he thought that the matter wa rather
trivial.
Capt Doy0ner said they had not raised
the point In any captious spirit. II the
rules had not been adopted, there was no
charge OF inlraction against the rules, and
1t would be snperauous to 90 In 70 . hear
ing In the matter,
sir, Russell said the specifications were
sufficiently explicit, No matter whether
the rules were In force nc not, the facts
were there, and II was the consideration oil
them that the committee should devote
Themselves to-
Capt. Dovener said that the old rules
had expired with the old Council and with
the inception OF this Council q new com
miItee, new chairman, and new rules had
been initiated, and theae last had never
been approved by Council % the law CON.
templates, and hence, there could be no
iniraCtiOn OF Tules that had no existence.
''In other words" said Mr., Dovener,
"the new rules have never been adopted,
and the charges do not ft the old rules;
that 10, It 10 mot charged that Kenny has
violated Section 10 Of the old rule, which
provides that oil employees shall reside in
the ward in which the engine house 10
situated.
Mr., OrisWOll said the information could
not now be ELECTED, and 1t only remained
for the committee 10 proceed with the
hearing Of the case, at will, however, de.
yolye upon the prosecution to show the
validity OF the rules, and II they did not
they could take the neglect into consider.
alton In making up their estimate OF the
evidence"
Capt. Dovener insisted upon knowing
which n Of the card rules they had to
answered, the old or the new; and also
asked that his demurrer be filed.
Mr.. WolVlngton, OF the committee, ask.
ed whether Kenny had been In the De.
partment over two years, and being an.
swered atitmaEvoly he said, u move that
the charge bs sustained"
"Be sustained" exclaimed Capt. Dove.
ner. "Be sustained! Why, we are here
to inquire into tho truth Of the charges,
and no evidence has been taken 10 show
either the truth or lslsity Of The charges"
This squelched Mr.. Wellington, aud
another scene Of W~rangllng Onsued be.
tween Mrs. CrisWell, Russell and Dun.
ming Ior the Department, and Mr., Dove.
ner for Kenny.
The Chairman OF the Committee said
the Committee were In favor Of proceed.
ing with the consideration OF the charges,
Whereupor the following answer was sub.
mittod to the charge: That Il does not
specify the order that was given; that |.
does not specify who the superior officer
was, butifthe foregoing be- not sufficient,
the defendant pleads not guilty.
VIM. Love, Assistant Chisf, was the first
witness called, and being lworR by Con.
All. Caldwell, testified In regard to the
scene at the Engine House on the night OF
the 2l8t inst, q voluminous report OF which
hssaIready beeninAicted upon our readers.
Mr.. Love described in q thrilling manner
the murderous assault Of the gigantic
hostler upon the Chief, and also pictured
his own share In the rescue OF Ecoles, In
a slight degree aided by Counsellor Rob.
insOn. The absence oil the foreman, 81.
Myers was made very conspicuous and
waa q bright thread In the chain Of eVi.
denCe.
To Capt, Dovener: "Kenny had q pitch.
fork Ia hiB hand. NOW lookee huyer,
Captain, don't Task took many questions
Of Que time or III not answer none OF
them, Eccles had 10 pass Kenny, 10 the
house, In order 10 reach the telephone.
Do not remember Of hearing ECCles ask
any man 10 take Kenpy's place.
James ST. Myers was the next witness
called: Was foreman as the Vigilant
house Ecoles and Love came in between
s and 0 o'clock on the evening OF the 2lst,
and Eccles said "You fellows will have to
stop wrangllng or you'll all have to STOP"
The further details are too familiar 10 re.
lutfe repetition. "Aiter Tommy struck
ECCIes / went outside and didn't Gee any.
thug else" H[Laughter.l
Capt. Dovener: Have You not been
carrying news TO Eccles long before this
assault took place.
Mr.. Russell: 1objsct.
Captain Dovenert l wish 10 show that
EccleS has had a heep.BeAted hatred; that
instead Of sub serving the interest OF this
city, he has been trying to get up . rum.
pus with Kenny In order 10 Dust him
from his position, and also, that Eccles has
been trying to get other men 10 take his
position.
Mr.. Russell urged his objection, which
was that EcCleS was not on trial.
Captain Dovener urged that II was essen.
tial TO show the concurrent circumstances
In the case. and said he wished 10 show
EC0lsS' malice.
Nj. Oflswellt "1a Il necessary for this
committee 10 wander of into the side
issues, or shall we proceed with Tho trial
Of the case Of EccleS VI. Kenny2n
Capt. Dovener: III We can show that
Eccles was not acting as Chiei, but 40 an
enemy 81 Mr.. Kenny, that instead Of act.
ing ss chief he was lowering bis position,
aud | would like 10 ask the Oily Solicitor Il
we cannot 80 show"
MI Robinson moved that the question
be admitted.
Mr. Hallet said he could not ace the
harm Of admitting thu diaation.