The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-10-11

inn'tn 10 II am! repeated his request. |
believe ! made no reply OH either occasion
to his request, but 50 fir yielded to il as to
defer nrtion until after the ease had been
heard.
"on Friday evening theargument OF the
case WINS concluded. On Saturday after.
noon met Judge johnson in the lower
corridor OF the Capitol, and he then said to
lne thht the judges Of the court had been
talk,ngoyer the matter, and that while per.
sonally they would prefer to let it pass un.
noticed, yet they had concluded tina, a
proper regard for the dignity OF the court
required them TO take acton OF some kind !;
that as WAS OF counsel in the case with
reference TO which the article WINS pub.
llshed and had already expressed an in.
tentlon Of moving in the matter, they
thought would be apropcrperson to bring
the matter before the court. | replied thni
my purpose to do so still held: that had
only delayed because OF his request and
because had been too busy with the mr..
gument'of the case to attend To it, Judge
johnson then commented on the article.
and on the necessity of the courts protect.
ing itself from attacks OF the kid, and
spoke Of Mr.. Harris deserving imnrison.
ment and Mr.. Frew 4 fine. | said that I
thought it would be very injudicious to
lmprlson Mr.. Hart, rs il would create SYM
pathiy for him and perhaps arouse feeling
against the court. We then separated, [
repeating that | would bringthe matter up
ut the tirst opportunity.
Oh the same afternoon called on Judge
johnson at his room, after thinking over
our conversation. said to him that nv
relations to Mr.. Harris family we're vcry
pleasant, and that there were circuiustan-
ces existing in Mr.. Harris family Of very
painful nature-which related to Judge
johnson, but which l need not now
rrepeat-that would make it very cruel to
ilnprlson MIR. Hart. | added that unless
1t was understood that there should be no
Imprisonment, I would have TO drop the
whole thing. The Judge replied that
what had said at our last interview about
Imprisonment had struck him us very
proper, but that, at any rate, the circum-
stances which / related to him would be
sniiiclent. upon being brought to the at.
tenhon OF the court, to prevent Mr.. Harris
imprisonment. then said would 20 on
WIN the proceedings rs l had at first pro-
posed 10 40: We then had some con versa.
ton ACKNOWLEDGEMENTS in such proceedings,
and told him would lie ready to present
the case on the following Tuesday morn
ing, and left him."
inns statement was shown by Mr.. Rus.
sci! to Judge johnson, who said TINT 80 far
as it related to himself it was accurate,
Thus 1t was admitted by the attorney for
the Auditorand blythe President Sudse Of
the court that the case had been pre-
judged-that Mr.. Hart deserved impris.
onment and Mr.. Frew fine; that under
the tiireatof the ditor'sattorney to drop
the proceeding unless the court promised
not to mprlson Mr.. Hart, the desired ar
rangenteft was effected, andtllc case went
on.
Uponth revelation OF these remarkable
interviews counsel for the EihRiq,,ccr res.
pectiully suggested that Judge johnson
ought not tositinthc case Judge johnson,
with l|l-tissuised temper, replied that he
saw no reason why he should not sit,
Counsel for the Intehiwnccr asked TINT tho
record NIGH, show at whose instance the
proceeding was had, and the court refused
to require the entry to be made, so that the
case was without name, and the accused
were placed un trial without knowing who
accused them.
INTELLIGENCER'S ANSWER.