The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-10-14
LATE, BUT LEGAL
POLITICAL PERSECUTION
or United States Marshal Atkinson-lIow
Eas.ace GIbsoas Gait Was Strained
Through n Democratic seivc and Left
X Nothing = Atkinson vlndicntcd.

|
Office has been sent 10 the Department c
Justice. The investigation was made b.
Examiners Dallin and Nightingale nj,
their report, which Is quite voluminous
completely cxonerates Mr.. Atkinson o.
tho charges against him. syIi.. Is
The report, after setting out tliat the in
vestisation was made ut the instance oI
Mr.. Springer's Congressional committee
says: ".We have e,,dcavored in an abso'
lutely impartial manner to discharge. oul
full duty, and MS our report will deal in
detail with all the matters which the said
committee had desired to have examined
into, rs well ms tllat upon matters relating
to the conduct anil accounts OF the court
officers in West Virginia, rs tho result oi
the investigation, wO think it but Just to
the said committee to say now that they
or their Informant or inforniants mus!
have been imposed upon for the purpose
Of causing an investigation, which, though
We think it would prove most wholesome
to the said officers by reason Of tho in.
struetion they received from us, tcvcrt|e-
less resulted in the undeniable proof that,
with the exception Of n few and minor
points, tho allegations contained in said
memoranda were not sustained, but un.
questionabty eminated in part from some
personal enemies belonging to the same
political party as the Marshal OF the said
District, who had formerly held Federal
positions, some Of whom were removed
from Office through the instrninentalitv OF
Marshal Atkinson, and one Of whom, Mai.
tiedgcnlan Slack, las formerly held the
office now filled by Mr.. Atkinson"
TIE FIRST CHARGE.
The first charge against Marshal Akin
son in the memoranda furnished the ex-
aminers by the Springer Investigating
Committee, was that when he was an
agent OF the Treasury Department, and
after making several raids against Illicit
llstillers in the Southeastern portion OF
this State, he made certain false ci,arccs
against the people in that locality.
Upon this point the examiners report
III the following language: "The charge
Tint ialse representations, as to communi-
ties, were made by Mr.. Atkinson as reye-
nue. agent, are not sustained, from the
TACT OF large number OF the convictions
received in tile cases tried. Prior to Mr..
Atkinson's energetic efforts 10 suppress
revenue violations in West Virginia, but
very little had been done in that direction
in that State; and as an illustration that
III sections OF West Virginia which had
heretofore otbeen under the surveillance
Of revenue officers, or had been overlook
ed, almost whole communities have been
been guilty Of violating the revenue laws.
The many eases NEARLY one hundred) in
which the grand jury ut the lust November
term ut Charleston has found indictments
against such violators residing In Wayne
county is referred to-. The Collector OF
Internal Revenue for the State Of Wcs,
Virginia gave asa reason that such large
number OF violations in Wayne county
was called to the attention OF the grand
jury, that this was the first time his officers
had visited that county for the purpose OF
suppressing such violations and to enforce
the proper payment Of internal revenue
taxes"
,"TRIvIAL PROSECUTIONS"
The next charge investigated was The
one that trivial prosecutions were COM
mon in tic Federal Court of the State,
and that the Marshal and his deputies
were the cause OF such prosecutions.
Upon this allegation the report says, at
is unquestionably true that large num-
Der of prosecutions for violation OF the
internal revenue laws are brought in the
United States Courts in the district OF
West Virginia, but We find that no officer
Of the United States Court, or Deputy
Marshal, in that district can Justly be
held responsible for this" The report
discusses this point quite fully, and con.
cludes that us nearly MI the prosecutions
result IRON indictments by grand juries,
therefore the responsibility mustrest upon
the grand :jurics. II no indictments are
made by grand jurirs there would be but
few prosecutions. The report goes oil. to
say, ''There is nothing irregular that we
can sec in the manner OF summoninc wit
nesses to appear before the grand Jury.
The sentiment prevailing in West Vir-
sinia is in opposition to the liquor traffic.
a Sa'e'e .'uJoi FioutDts LWo-lniruS-
are local option counties, which will
not grant licenses for the sale OF intoxicat-
ing liquors as a beverage, hence the grand
juries arc largely composed OF men who
oppose the liquor tariff, and many OF the
witnesses that come before then, 10 give
testimony as to violations OF revenue laws,
arc actuated by such sentiments md a
desire tn suppress the sale of intoxicants.
which under the State laws cannot be
legally carried on in their counties. A
grand jury so made up is apt to find many
indictments for violation OF the revenue
laws which ought not to be made. This
in 4 great measure accounts for the many
prosecutions had in said courts, but the
responsibility rests with the grand iurics
and not with the court officers" '1sge
WITNESS FEES. slS
The charge thnt some sll 900 more
money was expended for witnesses in 1888
than in 1852 in the West Virginia district
is thus disposed Of. eve find from the
records OF tho U. S. Circuit Court at Par
kersburg, the following disbursements
were made for the fiscal year 1888, for fees
ofwitnesses attending upon that Court, in
cases other than intef fnal revenue cases:
On trini Of counterfeitcfs..."...... 90
oh trMi oi lsSll ".,Ss2.75
On trial OF miscellaneous cases tnot rev. 5l,1
cnue) GO 90
Before Grand Jury In Keller casc......... l,OGJ Is
Total SIG 20
These few items account to within s, 700
OF the increase in witness fees in 1883 over
1882 and when it is taken into considera-
ton that during 1883 there. were had in
that district % colnterieiting convictions,
Il postollice convictions, the remainder OF
the increase is evidently caused by the
number Of these cases and notattribItable