The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-07-08
W.P.HuBpARD, tT ~
JNo. A. HyTcaiNsoN, y
Attorneys for respondent. lste *


Mr.: Hutchinson, then read the answer OF
Mr. Hart, together with the affidavit and
letter mentioned therein, as follows: :
IN the Supreme Court Of Appeals Of West
Virginia. In The matter Of the rnle
against John Frew, A. W. Campbell and
G. B. Hart. &. si5.yl =. - 81 s., : :
And now comes the said O.-B. Hart.
and for tanswer to the eaid rule to show
cause why he should not be attached for a
contempt OF this court respectfully says:
Reasons iFitss, Second and Third. of
Mr. Harts answer are the game as
those aet forth in MIR. Frew's, given above. ]
fourth-Respondent believes 1t to b.
true that on the 23a day Of June, 1884, be-.
ing the date Of the said communication.
and on the Path day of June, 1884. when
the orderin this matter was made by this
Honorable Court awarding the said rule,
Frew, Campbell and Hart. Consisting Sof
John Frew, A. W. Campbell and lO.' B.
Hart, were the proprietors sndYpublishers
oil the said ( Wheeling lIETELLroExCER,I and
said O. B. Hart was chief editor thereof.
Respondent further belieyea 1t to be trne.
tnat on ,the 18Th day Of June, ASA an
editorial article in the words quoted in the
said rule was published in the said Wheel
Ing lNTELlIdEScsR. "A. 4 III 4G Il ija iiga Nh
q Flfih-'rhat before the Slst day Of
August, 1883, there was published ia the
Greenbrier Independent; u Newspaper Of
gensral circulation, published in the State
oi West Virginia, an editorial article ! re.
lerring to the questions involved in what
has been called the Supplemental Assess.
ment Ofder,"' and the propriety OF the act
OF the G G,vernor. in suggestlng to the Audi.
tor the Issuing OF a circular to sAs Assessors
requiring them TO assess property exempt
from assessment under section 43 of chan.
ter ~ OF the Acts of 1881 and the pro.
priety OF the act Of the Auditor in iss,iinp
such order. The aaid article stated that
the Governor had called together in con.
ference the leading Democratic members
Of the Legislature, and further stated,
"That all, however, approved Of the sug-
gestion that the Governor should direct
such letter as he afterwards wrote to the
Auditor, and that the Auditor should issue
q circular to the Assessors, instructiup
them to ass ,ss all property not legally ex.
empt > from taxation. ( Three oi the
Judges OF the Court ci Appeals were
consulted as toE the scope of d their
decision, and Ito * them were i Sub.
mitted; q letter and circular, which they
examined, revised and approved. ."te The
decision there referred to was that OF the
Court Of Appeals In the case Of the Chesa.
reake Y Ohio Railway Company Va. Miller,
10, w. Va This respondent is not Ia DOS.
session Of a copy Of the Greenbrier lnde.
pendent containing the. said article and has
not had time to procure one since the issu.
ing Of the said rule. A copy 7ol the said
article, however, y was published In the
Wheeliug, DAILY INrsLllaENcER7of August
3l,alSS3, and a copy Of the lNgELLlasScRR
Of that date, containing the said, copied ar.
ticle. .is herewith fled as part OF this answer
and the Court Is asked to refer to the same,
7 The editor nnd publisher OF the Green.
brier Independent at tbs time the last men.
toned artlcle was published, was Mr.. B. F.
Harlow, "a man Of good character and
standing, q lawyer! by profession, being, as
respondent believes, a member Of he bar
OF this Court, and was man Of considera.
BILE pecuninry means. He belonged, and
still belongs, to the same political party, as
the Governor, Auditor and all the members
Of this Court, SO 1t was constituted at the
time OF the said publication, and asit Is no v
constituted. He resides In the same town
as one OF the judges Of this court, and as
respondent hasbeen at all .times informed,
and now believes, ia and was at the time oi
such publication q warm and intimate Der.
sonal friend Of that judge. f'SsS III Al
1t is plain thai tnst article was not IN.
friendly to the Court, or intended to be DO;
the object Of its publication evidently being
to defend and justify the 6 overnor and Al.
ditor and not 10 attack the Court. That arti.
Gle, however, in effect said, that Three mem
bets ofSthis Court had in advance expressel
their opinion upon CASES which NIGH
come before them as judges. 1scontained
seriou5 charge s2ainst thosst judges. II
constituted q. libel, for which, II untrue
the editor and publisher OF theGreenbrie
Independent was liable to conviction upo,
Indictment. and was Responsible for dam
ages in civil action. II auyl thing pub
IL Sfd Continued OF, Third Pnor "a - ~ a