Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1885-10-25
ARGUMENT OF COUNSEL.


lows, and Col. White Concludes.
When the confusion incident to the re-
moyal of Mr.. Kahn had subsidized, Col Ar
nett stepped into the vacant space between
the committeeman, the reporters tables
and the seats occupied by counsel and the
stenogrspher, and said:
"MR. CHAIRMAN AND GENTLEMEN OF THE
CoNNurrER:--I congratulate you upon the
near approach Of the end of your arduous Ia
bors. shall ask for your attention not to ex-
ceedthreefourths Of an hour or an hour,
under the rules, and shall ask for 8 patient
hearing while sum up the evidence in this
case. The question, gentlemen Of the
committee, in regard to all
charges il one of fact The
Council of the city of Wheeling has d.
rected this committee to hear the testimo-
ny intended to support or refute the
charges brought before that body By the
City Sergeant against the Mayor. do
not understand that any question OF power
is involved. ! presume it Is simply the
duty of the committee to weigh and anal
we the evidence offered and report with
or without suggestion, back to the City
Council. As to the right of investigation,
it was stated by counsel for the defendant
that they could not be called upon to an
swer any one of the eight charges, but he
stated that no such defence would be made,
and am calling attention to 1t because
THE ONLY QUESTION
before the committee is the truth or falsity
Of, the charges made by the Sergeantsgainst
the Mayor. l shall, therefore, not call
your attention to the witnesses Eeverally,
but only refer you to the evidence as tend
ing to establish the truth OF the charges
and that alone. As matter of course, the
burden of proof, in all matters of this kind,
is upon the sccuser, and in this cause 1t Is,
of course, ssddled upon, or is incumbent
upon the Sers cant to establish the truth OF
the charges. 1t has been said, that in any
investigation, the question is not whether
any particular allegation is false, but as
to The probability of truth. am cure l
state the rule correctly, as laid down in
the text books. II has also been said that
mathematical certainty cannot be had:
The most that can be hoped for is moral
certainty, or enoug to satisfy the body
before which the cause is being heard
There is another rule Of evidence, and that
is this: That preponderance of evidence
obtains in all civil actions, but in all crimi-
nal causes, certainty, or what will satisfy
the tribunal beyond reasonable doubt, is
required. There are cases in which one
witness will outweigh a hundred. OF
course that is extreme, but where one wit
ness testi6es to what strikes q committee
or tribunal as being in accordance with
their ideas, and the many contradict every
fact, the one would outweigh hosts. 1t is
the duty ofthe committee to weigh the pro-
liabilities, and also to look at the nature
and character Of the story deineated.
Nov as to
4 The EIGHT CHARGES.
1t would be impossible, in the limited
time allotted me, to 60 over, in detail, the
evidence offered. The witnesses were nu-
merous, and we're called in a manner cal.
culsted to make the testimony desultory
and unsatisfactory Some of the charges
brought by the Sergeant and sworn to, are
brought upon information and others are
brought upon his own knowledge, and IN
his own testimony he brought out the sum
total of his information"
The Colonel then took up the first charge
the allegation of intoxication at the Al.
hambra rink during the Ssengerfest. The
charge had been made upon information.
Evidence had been introduced which went
to show that defendant had drank there,
with Messrs. Pollock and another gentle
man; that the defendant had admitted to
Mr.. A. j. Sweeney that he had drank
there, and also the statement of Mr.. CALI
gan that the defendant had said he was
full" The Mayor had undertaken TO con.
trGdict these statements, but had not sue
ceeded. In regard to the license at the
rink, the statements and official records
showed that he must have known there was
no license.
AS to the charge Of giving permits to
peddlsrs, there had been no denial, al.
though the defendant had claimed that he
had given the documents to worthy appi-
csnts, and had not deprived the city OF a
cent of revenue. But with the nature
of the permits, or their objects, the COM
mittee had nothing to do. It must be ad
mitted it was bad precedent. 1t Ger,
tainly looked bad for tue President Of the
First Branch of Council to break an or
dinsnce he had sworn to uphold. There
was no authority for the Mayors action,
and the precedents Of former Mayors were
no excuse.
With reference to the allegations OF
having intsrfered with the police BY giving
directions to subordinates, Colonel Arnett
said it must be admitted upon proof Of sew.
eral gentlemen, that His Honor the Mayor, |
after having been informed that the games |
upon the Fair Grounds were in violation |.
of the ordinances, and after having admit |
ted them so TO be, was willing to authorize
aud permit if the City Sergeant should con.
sent, 10 |
REVIVAL AND CONTINUANCE
of the games. The Mayor had said they
were violation ofthe ordinance, and yet |
he was willing they should go on.
As to the eight charge, upon the theory
Of the probability of truth, be said the COM
mIttee must be aware that the Sergeant
had sworn TO the matter, and he submitted
that I the Sergeant was in error he must
hays been the Verie Ounce who ever at,
tempted 10 transact business of any kind.
Did the connittee think, if the charge was
untrue, tht Porter Smith would have
made il, md then faced all the witnesses
who were Iure TO have been summoned in
denis7 & Porter Smith knew the charge :
was aIse, he knew perfectly well that
ever man summoned would be disposed to !
avoicsaying anything as to lis truth. How !
Sssks. testimony? Nr. Hamilton had
Ses, the MSysE N sgn.Srs9iioa With tie .
vozsn, she hs.ibg Der hand 6d the arm Of q
Eis CAR, andthat IL . moment the Mayor b
IasroSm. TTss, be said he was r
went no. minutes, bat nevertheless, r
only gone tnTee Tsst out There was
a 5nm mad su s1,a 2 to who had gone ont n
With him-vheher one "a gus " zoe q
L..