The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-07-08

ehCii VI WHOM more Guan once Aybented 10
thu truth OF the statements 40 made in this
rsspect by the Greehbrisr Independent.
Tho said Jackeou and Miller were, BY
reason OF their official position, liable to
know, and respondent believes they did
know, whether the faid statements Of the
Gzeeabrles Iaaepeadea! were true, aud
aside from their official position they are,
and always have been, men Of good stand.
ing and reputation. 7A
Respondent respectfully submits that II
the statements contained in the Green.
brier Independent were true, It was the duty
Of the Wheeling INrRLLlaRNcKs and Tia ed.
itors, publishers and proprietors, includ.
Ing its chief editor, on the lSih day Of
June, 1884, and at all other times, 10 make
public those statemente, and that on the
18th day OF June, 1884, they were, under
the circumstances hereinbefore slated, JUS.
titled In believing the truth Of those state
msnts. The. eaid editorial article was
based upon those statements, referred 10
them, and WIS known and understood by
every one who read 1t to relate to those
ssatemcnts. f'Tr -
Respondent respectfully suggests that II
any question Is now made IS to the truth
o. those statements said B. F. Harlow,
jacob b. jackson and Joseph s. Miller be
examined "a Witnesses at the bar Of this
court, OF In such other manner as may be
IA accordance with Law and the practice Of
this court, and tia. such other evidence be
taken as may be pertinent and proper,
Some time since the said Joseph s.
aliller was candidate for the nomination
Tor Governor at the hands Of the Demo-
cratic State Convention, called to meet in
wheeling on the 23d day OF July, 1884.
subsequently,, and about the 7lh day OF
June, 1851. be wrote and published q let
ter declining to be euch candidate. '.f
Very soon afterwards the said Miller
presented to this honorable court q petit
ton 10. 8 mandamus against T. H. Buc.
harmon, Assessor for Brooke county, and
an effort was made in his behalf to push
thas proceeding to an early decision. It
was understood among the friends Of Nh,
Mii!efs Candidacy that that effort was
made in order that il the decision should
BE- favorable to the Auditor, MI, Miller
might still 60 before the convention as a
candidate Tor nomination as Governor
VITA hopes OF success. For evidence OF
ihis respondent refers to the affidavit oil 7.
J. pafsors, fled herewith. 100 +. II
Al tho time this Honorable Court grant.
81 the rule at the sui. OF said Miller, Audi
tor, aad fixed the return day thereof,
which WIS but six days Of, the Court
publicly announced that the respondent,
Buenanncn, must be prepared TO 20 on
with Tho argument OF the matter upon the
return day, and caused the CLERK of this
Court to j. inform Mir. Buchannon by let.
ter, which is herewith produced and filed.
Ihls proceeding upon the part Of the Court
was uDusuat SIS respondent is informed and
believes. The editors, publishers and pro.
pfsetors CT the iSrgLLldESCER wers before
the lS.h day Of June, 1854, informed OF the
lacls list hefeinbeiole stated, except the
existence OF the letter from the Clerk Of
the Court to Mr.. Bachannon, but did not
then know what they have since learned,
lhai me provision OF law requiring the
Assessor 10 complete his books ny the lst
day Of July, may have operated rs reason
:or such action Of the Court, that fact ne,
having been stated either in the public an.
nouncenent oil the Court or in the lette,
Of ita Clerk. :
uader such circumstances the editorial
article complained Of WAS written and pub.
llshed.s ls:is uotuue that it was an attempt
to affect the decision OF the Court in the
case Of Miller vs.. buchanan, or to intimi
dale the Court into deciding against the
reiAtor. No editor, publisher OF proprie.
tor Of the INTELLIGENCE had any interee
IN that case; none of them knew OF its ex
1steuce on or before the lS.h day OF June
1854. except he whom on that day wae
the chief editor OF the paper. Toe
then chief editor supposed that III.
decision Of the case might have politica
e1se! In the State. bas supposed, also, tina.
whichever way 1t, WIS decided the etf.c
would BIZ such ss he desired. Ifhe bad any
preference in the matter from his political
standpoint it was that the Court shoulc
decide in favor Of the Auditor.
The publication Of the ssid editorial ar.
ticie was not made with view to induce
any particular decision by the court, or to
ehsct In any way i,s determination of the
case, and respondent is unable to see how
It could be construed by any one % being
60 Intended. In its publication there WAS nc
intention 10 commit or express contempt
o! the court, and no such feeling vas en-.
tertsined by the then publishers and edi.
tors OF the lSTHLLloENcER. The date OF the
publication may havs been untimely and
Il It had been considered that the publica.
ton Of the said article could be construed
by any one as an attempt 10 intimidate or
iDtinence the court in the case OF Miller Va.
BuchaNuon, no such article would have
been published during the tendency of that
case. The fact that such Gaze YVES pending
simply served to bring to mind the state,
menls Of tho G'eenbrier Independent, the
facts mentioned by Mir. PAS ,ns and the
action OF the court in awarding the rule
against Mr. Brchsnnon, and 50 suggested
hs publication OF the article complained
Of. ; 4 335I1.S
Wherefore this respondent respectfully
submits that the said rule against him to
show cause why be should not be- attached
fer contempt should be discharged. a.
l O. B. HART.
W. P. HursARD,
JSo. A. HUTCHINSON, y
Attorneys Tor Respondent. q !.
State Of Yves. Virginia, Ohio county, towil:
@. B. Hart, the respondent named in the
foregoing answer, being duly sworn says,
that the facts and allegations therein con.
tanned are true, except go far as they are
therein stated to be upon information, and
that go far as they are therein stated to be
upon Information he believes them to be
true. 25.J q g a!s O. B. HART. z
Taken, sworn and subscribed before me
this 2S:h day OF June, 1884. ~ sri 4. 5i. z.
| 5tyE tE9.f 10y, ]. R. CowDzN,
Notary Pablo in and fos Ohio county,
West Virginia. l..y. nov Va. .,l5 IN
~ Affidavit OF, r. J. Parsons. &
Safe Of West Virginia, Ohio county, 5. e.;
Personally appeared before me Joseph
R, paull, Notary Public in and for said
county, Y. j. Parsons, who being duly
awoyn, says on his solemn oath: afl55I..
reside in Mourdsville, Marshall coun.
", West Virginia. and an. an attorney at
law. /, ~ !s5. 81 81 +! .lt. I.
On come day in the present month which