The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-10-01
.NOLAWYERS WANTED
N rnn POLICE INvRsrIeATloN,
A Motion to Dispense with Counsel on both
sides Prsvaits-A Called Meeting Of the
Committee to undo what was done
at Tussday Nights Meeting.


Committee to undo what Was done
ut Tuosday Nights Meeting.
When the Council Committee on Police
Tuesday evening, it was sup
posed that all arrangements had been
perfected for commencing an investigation
Of the charges against Officer Burns and
his Chief, Porter Smith, and the entire po-
lice force, as ordered by Council. The
Mayor was authorized TO employ Hon.
w, P. Hubbard to conduct the prosecu'
ton, it being understood that Officer
Burns had retained Attorney General and
Councilman All. Caldwell to defend him.
Chairman Myles and Col. &, B. Caldwell
we're authorized to secure a stenogIapher,
and all other details, such as providing
how the summones for witnesses should
be issued aud who should serve them,
we're looked after, and tho committee adj
journed until this evening"
The action taken at Tuesday nights
meeting led to the general belief that the
committee meant business, and intended
to 20 TO the very bottom Of the scandal
At that meeting the question OF expense
was brought up. Some OF the members
claimed that there was no appropriation
for an expense such as was 10 be incur
red by the investigation, and that in case
the committee should vote for 1t, the
members would be liable under the pro-
visions Of the restraining ordinance. The
majority argued that the emergency was
one unforeseen when the appropriation
ordinance was passed, and that the ex-
pense to be incurred was properly charge
able to the contingent fund. Clerk Bow
ers, who was present at that meeting,
stated that there were several hundred
dollars 10 the credit Of that fund.
CHANGE OF BASE.
As before stated, it was supposed that
everything WIS satisfactorily arranged for,
but yesterday morning Chairman Myles
decided that It was proper to call the com.
mittee together again for the purpose Of
more carefully considering its action, and
the members were accordingly notified to
be present last night.
All the members OF the committee,
Messrs. Myles, Weir, Stanley, McGregor,
Caldwell, List, Jaeger and Happy were
present, the last named coming in
little late. In addition, Capt.
NTH, Officer Burns, Clerk Galligan,
Mayor Grubb and the ever present news
paper men were in attendance.
Hon. ALI. Caldwell, Burns's attorney.
was not present in the First Branch cham
Der, when the meeting was held, but he
was in the office Of Chief Smith, adjoining.
Clerk Galligan during tue discussions
would stretch his limbs by strollinG into
the Chiefs room, and on one occasion
when the discussion going on was parti-
cularly interesting, very kindly and con-
siderately left the door leading into the
Chiefs office ajar, so that what was said
could be heard there without the hearer
being seen.
The committee being callsd to order,
Chairman Mylss said that doubtless the
meeting WAS an unexpected one; that on
going home the night before he mad come
to the conclu .ion that too hssty action had
been taken, and that the committee was
unwarranted in employing counsel; that
in case large expenditures were incurred,
inducing Council to pay the bill would
incur bad feeling, and he doubted whether
Council intended TO have any large ex.
pense connected with the investigation.
He had been TO see the Mayor 10 ascer-
tain ii it were possible to dispense with
counsel, but that official not being Ratis.
fed to do so, he had decided u call the
committee. 1t was for it 10 do what it de.
sired. For his own part he did not care to
go before Council and defend the action
taken Tuesday night.
COUNSEL DISPENSED WITH.
At this juncture Officer Burns called
Colonel Caldwell to one side and whis-
pered to him.
Mr.. McGregor inquired il it would be
right 10 go into an investigation without
counsel II the defense was represented by
o lawyer.
Col. Caldwell returned and said that
Burns had told him that he was ready to
proceed without counsel on his side.
Mr.. McGregor then moved to reconsider
the action taken in relation to retaining
Mr.. Hubbard, and this motion prevailed.
The Chair suggested that it might be 8
good idea TO have City Solicitor Okeetfe
present at the investigation to ask ques-
tons pro and con; in other words, con-
duct both sides, acting as sort OF Judge
Advocate.
Mr.. McGregor said he thought it would
be proper to have the Solicitor present to
enlighten the committee as to all law
points; that was service that by ordi.
nance he should render all committees.
Mr.. 0'Keefe in the meantime had made
his appearance in the room.
Mr.. Jaeger, in the interest Of economy,
moved to reconsider the Gc:ion OF the
night before in relation TO the employing
Of a photographer.
This MIR. Caldwell opposed strenuously.
He spoke OF the time that would be con.
sumed in writing out the testimony in
long hand. The Committeeman were
not paid for attending this investigation;
it was burdensome work at the best, and
10 be obliged to attend night after night
in order to take testimony without
stenographer, when in night or two with
a short hand man the same work could be
gone over, was more than he was in favor
OF.
ATHoRoUGH INQUIRY DESIRED.
Mr.. Stanley stated that on the previous
night he had been led to believe that it
was the desire Of the committee to have a
thorough investigation and to make full
report. II that was the case stenographer
was an absolute necessity. II it was the
desire Of the committee to carry out
Councils order the shorthand man must
be had.
Mr.. Caldwell said thing was worth
doing well or not worth doing at all. This
was matter Of no little gravity; it was
matter that was worth spending money
for. He wanted it understood at this time
that counsel having been dispensed with,
he was not going 10 conduct the invest.
CATION for the committee; II there should
be witness OF whom he wanted to know
anything special he should ask the ques-
tion-something every member had a
right to do. Bear the burden Of the prose-
cution he would not, nor would he ask
any other member TO do what be would
not. However, the citizens expected
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