The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-10-27
STRAINS AT A GNAT
AND SWALLOWS A CARAVAN.
A srgoIaoant E,oaK of Porter Smiths Yes.
tsrdu,, which IS to bs Considered III
Ooun.o.lon With Certain Parts of IiiS
Ts.tlmopy - An Illegal Arrest.

When Porter Smith was on the stand in
the investigation Of Mayor Grub, he said
he could not and would not raid . gam-
bling den aud arrest the proprietors and
inmetes, without warrant; that houses
of prostitution could not be raided except
BY due process OF law, unless in case of a
disturbance in such houses. lie seemed
10 desire to make a point by his testimony
concerning u conversation with Mayor
Grubb in which the latter, as Smith said
asked him il he could not srrest proprio-
tors Of gambling rooms without warrants
The fact that Pearl Woods was arrested
when Capt. Smith had no legal authority
for the arrest except q warrant for Ida
Holiday, aud that after tho arrest war
rant for Pearl Woods was obtained, which
was also brought cIt;n testimony, seemed
not 10 affect the Captains views.
Yesterday a member Of Capt. Smlth't
force, Officer ShGfer, &rresteda man with
out 4 warrant, and without any shadow OIL
authority except telephone request from
Struhenyirle that tbs msA be arrested
and held until the speaker arrived IN thu
city. All that was said about the maj
was that he was chimney sweep. Or
ibis il formation S. O. 0sg1od, Of Cincln
natl, a man who has been in tho city fol
several days taking contracts for cleaning
ont Chimney6 aud the like, was Grrestel
and locked up in the county jail, the on!!
commitment being verbal message tina
"Porter will be up after while"
Later in the day man named Wilson
hAiIins from Pittsburgh, appeared ut thu
Office oil the Chief OF Police, and said h
was the man who had telephoued iron
steubenvile. Capt. Smith accompanies
Wilson to the Jail, whore Wilson deposit
ed with the Chief OF Police one dollar t
pay the turkeys fees. Still no paper o
amy kind was given the jailer nor anybod!
else to authorize the longer incarceration
OF 0sgood.
LAST night at II o'clock 0Rgood was re
leased from jail on note to tho isile
from Porter Smith. Smith took thi
course by the advice OF Col. Arnett, VIII
was employed by osgood to secure hi
release.
When Osgood was released an 1NTELLI
GExckR reporter met him on the street
He said he did not propose 10 get ezcitet
over the matter, but he considered that h
had been made the. victim o! An outrage
and he proposed to Ascertain whethe
there was rot some way to secure redres
from Smith on his official bond. Oseoo'
said when Shaffer arrested hin, he asked
"What for?" 81 d)n't know" saiC
shatter, Il have orders from the Captain
to arrest you."
| Osgood made no resistance, though h
SAYS no wondered what the arrest was for
When Wilson came down he said Osgoot
had pawned some jewelry for sis'er-in
law OF Wilson'S, given him for tia. pur
pose, and the family thought all tn
iewelry given him hat not been accounted
Tor, Though he wasn't sure" be to!t
Capt. Smith telegram would come 70
him last evening, aud he would order j
sent 10 police headquarters. II it said t
hold osgood, he would coGse down tsou
Pittsburgh again to-day and swear out 1
warrant. II it sSid to release him, the
prisoner WAS 10 be set free.
0sgood put it this way: Suppose tina
man had robbed me, and was here look
ing for him. l was stranger 80 was be
What was to prevent my being locked "
while the thief got good start west lron
Steubenvillc?"
The recital of the facts in the cast
throws more light on the ineticency o
Porter Smith, and his unitness for th:
position OF City Sergeant than anything
yet said about him. He is brilliant OF
llcer, truly! He had just rs much RICH
10 arrest and incarcerate any citizen o
Wheeling on his own whim as he had tc
lock up stranger on telephone message