The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-07-08
Y WEEELINe WEST TUESDAY va


7E!1l'9 7.I7-.75, -7-,.-I. ---.---- a
s,,un;aa -, .uIn nlay lave taken, heiofe your CON
ai.has .as'om y. Nas ,p!esensea IN open coaf
sons S.,ae, III suggesting any auch action o
I'm! yJu. p"l', oe ~ consnttlng VI conVerBln
"HM ~ yoa , W tne sao!ecs ~. = s. d
Ihe rule being raturnable on Saturday
as,, =! course, uesiraole that my client
9aouH 9.,N n"Va tie information you caI
.u.h"n a,hi. uPqa th,s msiles as soon as poe
s.D.e, :. anu shali 20 gaa II yon can max
~ eouVoaioas 70 9tVG he an early answer
Respectfully yours,
II ~ = W. +. dUDsARD.
H. al. H'asea, Esq. fss,rH-N N.lt| lNH
Mr.. RussELLs STATEMENT.
M. Hubbard then read to the court th
reply OF Mr.. Russell, as follows: Fls7
WHEELING, W. Va, July 2G!h, 1884.
DEAR Elm: s. g'YiE..a.,. W.
/. There has just been handed me YOU
letter Of this date. referring to the rule
issned by the Supreme Court Of Appeal
agatnst Frew, Campbell 4 Hart, suggesting
that you had information leading you te
suppose that my communication, on which
that rule was based, was not made at the
instance OF my client, Mr.. Miller, but waf
made at the instance, mora or leas direct oi
the members ot the court, or some Of them;
ana requesting me to inform you wha,
part was taken BY any member Of the
court IN suggesting the communication, OF
IN connseling or conversing with me on the
su u5}sct.4 s.; ~ vi -
nave no Idea what uso you desire to
make Of the information, but as my con.
aec.lon with the proceeding now pending
against your clients ended with the presen.
tation 10 the court Of the communication
referred to, aud as nothing took place be.
tween mo and any member OF the court
which. l or, 30 far US can perceive, the
court, could have any reason to conceal,
very caeeriully. comply with your request,
Dy stating, as nearly as can remember,
al that occurred. II am proiix, and state
circumstances which haYe no relevancy to
the point you wish to reach, 1t will be be-
cause don't know what that point is, ~.
Oa one or other OF the days on which
the case OF Miller vs. Buchanan was
argued before the court I wss in Judge
Jobnson's room, waiting for the court to
convene and chatting on Indifferent mat.
ters. Allusion WAS made to the editorial
which had appeared In the INTELLlosNcKR
OF the lS!h, and ntated that l thought II
was very improper article 10 be pub.
lished while the case was pending before the
court and seemed intended to intimidate the
court into deciding the case against the
Auditor. said that I thought some no.
tice ought to be taken Of 1t. Judge John.
son condemned the article, but intimated
Ia language which l do not remember, that
The court would not notics 1t. said that
would do go, though without saving how
or when l proposed taking action. Judge
Johnson asked me not to do 80, at least nm
III stter the case had been argued and sub.
mitted, and after We had left the eubj 4ct
and had begun speaking Of other matters,
he returned to 1t and repeated his re-.
quest. believe made no reply on
either occesion to bis request, but 60 far
yielded to 1t as to defer action until after
the case had been heard. asaq.l-l77
On Friday evening the argument Of the
case was concluded. On Saturday after.
noon met Judge johnson in the lower
corridor OF the Capitol, and he then eaid to
me that the judges OF the court had been
talking oyer the matter, and that while per.
sonslly they vould prefer to lot it pass un.
noticed, yet they had concluded that q
proper regard for the diQai,y Of the court
required them to take action OF some kind;
that as l was OF counsel in the case with
retefanee to which the article was pub.
|ished and had already expressed an in.
Iention OF moving IN tho matter, they
thought would be a proper person to bring
Ihs matter before the court. I replied that
my purpose to do 30 atill held; that had
only delayed because OF bis request and
because l had been too busy with the ar.
zument OF the case to attend to it. Judge
johpson then commented on the article,
snd On tho nscesslty OF the courts protect
ing itself trom a,tscks VI the kind, and
spoke OF Mr. Hsrt's deserving imprlsonr
ment and Mr.. Frewa q fine. said. that l
thought it would be very iDjpdicious to
MI. Hart, as it would create sym-
pathy lor MIN and perhaps arouse feeling
against the court We then separated, l
repeating that l would bring the matter up
1t the Inst Opportunity.
3 On the same afternoon called on Judge
Johnson at his room, alter thinking over
our copVeffstlon. said to him that my
relations with NJ: tlarts family we're very
pleasant, and that thers we're cifeumr
stances existing IN Mr.. Hart'e family Of
very painful natAreEFAicb I related to
Judge johnson, bat which I Rea4 ngt now
tepeat-that would make 1t very cruel to
lpprison Mr. Hart: l added that unless
i was naaerstood that there should be no
Imprisonment, l would have to drop the
whole thing. The Judge replica thHt what
had said at our last interyiev about im.
prisonment had struck him as very proper,
but that, st any rate, the circumstances
which J. related to him would be suffi-
cient, upon being brought TO the attention
Of the: court, TO prevent Mr. Hart's i'm.
prisonment. l then said | would 10 On
with the proceedings as I had ct frat pro-
posed to DO. We then bad, some conver.
,ation about the practice in such proceed
ings, and I told him ] would be ready to
present the case on the following Tuesday
morning, and left him. {4. h 4 itsyg
4 From that time I had no conversation or
Of any kind with the
Court or any member OF ii, until Tuesday
the day on which my cemmuui.