The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-02-14
PHILIPS'S FIX.
THE INVESTIGATION POSTPONED.
S.,srth.l.m a Lively Racket oeeurs la the Board
Of comml.IOnsrs orsr the MA.tsr-Ths
SQuIrsis Compelled to Glrs Security for
the CO,ts-Fua Locked For.


urther opportunity 10 prepare. himself
The Board met yesterday morning pursu-
mt to adjournment BY 1880 o'clock all
he members OF the Board were present e1'
,ept MeSsrs. Nichols and Prince, and the lat
er gentleman appeared before the Board ad'
burned. A regular cloud OF witnesses pack.
ID the lobby and Railways so that one could
hardly move. Inside the railing were the
attorneys and some OF the county officers.
shortly before II o'clock President Woods
called the Board TO order and the object OF
the meeting was stated. The prosecutor, J.
Z. St. Myers aud the defendant, William
Philips, are both well known to the citizens
Of Ohio county, and need no description. At
the last meeting Of the Board, as has been re.
ported, st. Myers preferred charges against
Phillips and an investigation was ordered.
st, Myers and bis counsel, II. n. Russell,
ESQ, assisted by Alfred Caldwell, E.q, oc-
rupIed the space between the desks u the
clerk and president, they being seated on
high stools and In the window, while Philips
aud his counsel, J H. Good, Eco, shared the
reporters table In the middle Of the room.
The defense led Of by asking that 81. Myers
be required TO give security for the costs IN
the suit. This asa matter OF course provoked
but the motion was tibally lost,
the Board refusing 10 require security.
The defense then asked for continuance
of TWO weeks, and offered the following sworn
affidavit, which was read:
William Philips being duly sworn says: |
am the defendant in this proceeding. l am
not ready 10 go 10 trial upon the articles and
specifications prepared against ME by this
Board. | have three important witnesses who
cannot be procured at this time, whose test.
a., al faH Tafnnaa aud ~ nj
be supplied by any other witnesses, and with.
out which testimony cannot safely 10 to
trial. The names OF the witnesses are Lou
White, Mary Bell and Thomas Hill, and be-
leye residents of this city and State, but
absent. have made every rea.
sonable effort in my power to ascertain their
Whereabouts aud secure their attendance, but
have been unable 10 do so on account ofthe
shortness OF time allotted me, but can II ten
days or two weeks time be given 10 secure
their presence before this Board.
AM not ready for trial for another reason,
viz: So soon as learned that articles Of i'm
parchment were preferred against me- en-
Snged the services OF Mtssrs. Dovener and
Cracraft as my counsel, and explained to
them fully my defense, relying solely upon
them for It's conduct and management On
Monday afternoon yesterday at 4 o'clock P.
~ I learned that Mr. Dovener had taken
sick, and would be unable to be In attend
ance upon this Board to-day about the same
time learned from Mr.. Urscratt that bis
presence would be required at st. Clairsville
on Tuesday (meaning this day. and
could not be present. Since four
o'clock OF yesterday l spoke to Mr..
uood, but on account Of the shortness Of
time could not fully explain TO HIM my case
or show him those entries or records kept In
my docket and papers which are essential
for him TO see and know 10 order Tor him to
appreciate and understand my defense. l
desire to say that this application for post.
ponement OF my trial is not made for any
purpose OF delay, but only to secure that
lair and impartial trial which ] believe
every member Of this Honorable Board Ii
willing TO accord ME. WIN. PHILIPS.
Mr.. Good supported this with speech, IN
which he reiterated the statements made In
the paper.
Nj. Russell, while not Directing to a con-
tinuance, thought that Philips should be sus.
pended from office during that time. Mr..
Good made a strong argument against this,
Philips Selling a favorable moment sprang to
his feet, and said that II Thos. Hill had been
present, or II MIR. Dovener bad been able to
attend, he would not object TO proceeding
with the investigation. He appealed to the
fairness OF the Board-was he to besuspended
and his business ruined before the charges
were sustained? He reminded the members
that his bond was sufficient to guard them
against los; that charges were not sustained
because they were merely preferred, and
that upon investigation might be
found to amount TO nothing at oil. They
were, be said, petty charges, frivolous In their
nature, preferred by man who had In his
court been fined $50 and costs for adultery
here there was slight manifestation Of sur
prise from several parties.) 10 prove one
charge false he picked up receipt from the
county for $40 10 the case OF He'll, mentioned
il the charges. He said he had ninety cases
on his dockets to be heard in the next two
weeks, and TO suspend him was to ruin him.
| he was ready, he would not ask an hour;
especially did he want two witnesses, and
those he would have II continuance were
granted. The Squire made reputation for
himself yesterday as an orator; he spoke with
dramatic fire.
10 solve the difficulty Mr.. Boring offered a
resolution suspending Philips for tSo weeks
and placing his office In charge OF Justice
Wheeler. Mr.. speidel opposed 1t. As in all
other branches OF business, Justices were an.
lARUUhtlC W SdCu aAu AU
that Mr., Wheeler was no exception. II
would not be fair or proper to let Mr.. Wheel
er know what 1ir.Philips had on his dockets,
and 1t was not right 10 lake Mr.. Philips bus
mess away; his bond was sufficient 10 guard
the Board.
Mr.. Boring also opposed his resolution. A
man was not guilty until proved SC; TO sus-
pend Mr. Philips was to damage him seri-
Ously. The nays and ayes were called on
the question and 1t was lost. Messrs. Com
mertord, Maxwell and Stein voted TO suspend.
II was Mr.. Commerford who first moved TO
suspend after MIR. Russell's remarks.
. Mr.. Boring now moved that the proceed.
ings be suspended for two weeks, and that at
the defendants costs. The proceedings from
this time 10 the ad tournament were conducted
1t times with 0 most reckless disregard OF
formality. Every one wanted to talk al
once. The clerk was instructed TO 60 ahead
and prepare bill OF the costs. In few
minutes be announced that thus far they
amounted 10 So This brought Messrs.
Philips and Good forward, They found it
included $27 for the per diem 9th members
for the day, at usual rate OF IS per day; $40 %
for the sheriff for summoning witnesses and
IS cents for notice issued by the Sheriff.
MIR Good made very warm speech over
THIS ueCIdTlug IL W 10 uIJuSk 4ho
per diem. he said, should no more be
paid by Philips than the salary OF q
Judge in similar case, while the items OF
$40 Is and rs cents were not connected with
the continuance and should not be paid
until the investigation was over. What Mr.:
Philips was willing to do, was TO givea bond
to secure the payment OF costs con-
nected: with this (Tuesday'sJ proceed.
ings-such as witness fees and subp@naS The
opposed any reduction. The
Board finally reduced the amount to $6i.
leaving out the two amounts Of $40 % and rs
cents, but compelling Philips TO pay them
their per diem. Mr., Good leaning back In
bis chair said, "Draw upa bond to cover
bondsman, returning IN Q few moments with
a friend.
Just as he entered, tho clerk handed over
a negotiable promissory note for $64, payable
one day after date, for Philips signature.