The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-10-26

least az to sopIe Of TIE charges, that they
were sustained. The burden OF proof, he
admitted, rested upon the prosecutor,
Smith, and the preponderanCe OF evidence
must decide. But he cautioned hsm
against considering mere numbers OF wit
nesses as the preponderancs. The cir
cumslances and bias or feeling OF wit
nesses must have weight. There are cir
cumstancCs in which one witness out
weighs hundred.
Col. Arnett took up the charge OF drunk.
enness at the Alhambra rink, which, in
spite OF crowd Of witnesses TO the Cor-
tFary, he thought was proven because the
Mayor admitted that no drank there, and
because Barney Galligan said the Mayor
told him ho had been drunk there that
the charge that hs bought beer ut the
SaengeriCst WIS sustained because Barney
Galligan said go, and because sometime
after ex-MayOr Sweeney told Mr.. Grub
the bar was not licensed and Mr.. Grub
seemed surprised; the charge OF giving
permits to peddlers WAS admitted, though
the Mayor plead the poverty OF the re-
cipients, and the fact that former Mayors
did the same, rs his excuse. This, the
ColoBel thought, was bad precedent,
Mr.. Hubbard asked him what ordinance
was violated in issuing the permits, but
did not receive the information. The
charge OF interfering with the City Ssr
geant and producing insubordination
among his men was also held TO be sus-
tanned by the evidence as to what took
place on the State fair ground.
THE EIGHTH CHARGE.
Concerning the Pittsburgh charge the
Colonel's remarks were especially inter-
esting. Upon the theory of the probable
ity OF truth, he said the committee must
be aware that the Sergeant had sworn TO
the matter, and he submitted that II the
Sergeant was in error he must have been
the yeriest Ounce who ever attempted to
transact business Of any kind. Did the
com,nittee think, il tho charge was un-
true, that Porter Smith would nave made
it, and then faced all the witnesses who
we're sure TO have been summoned in
denial? ItPorter Smith knew the charge
WAS false, he knew. perfectly well that
every man summoned would be disposed
to avoid saving anything as 10 its truth.
No manever willingly wishes to tTaduce
the character Of fellow mau. II is not in
humanity to do 40. How was the testi-
mony? Mr.. Hamilton had seen the
Mayor in conversation with the woman,
she having her hand on the arm OF his
chair, md that in moment the Mayor
went from the room. True, he said he
was only gone three minutes, bnt never
thcles1, he had said he went out. There
was some doubt US 10 who had gone out
with him-whether one OF the girls or the
klaudlady, but some one had sO gone. No
two witnesses had described what took
place in that house in the same way. lie
thought it was not the business Of the
committee 10 say that because part OF the
accuse ion had not been sustained that it
should report that none had been. Il was
not the business OF the committee TO de-
termine what was the motive OF the visit
to the house. 1t may have been kind
OF a college, where different branches were
taught. Mr.. Stanley had gone to get intor-
nation regarding his prospective duties as
Deputy U. ). Marshal, and Mayor
Grub to obtain information rs to the
workings OF the police business. The
speaker claimed that much OF the proof oil
the truth OF the charges was the manner
in which they were made, and that any
denial was IN evasion.
The Pittsburgh officials were certainly
not friendly to the City Sergeant, to put it
most mildly. They, in statement"
had said the trip was at the instance oil
the City Sergeant, and yet when put upon
oath, they had denied it; they had said, in
"statement," that the only person who
evidenced disposition 10 remain behind
was the Chief himself, and yet they he'd
gone on the stand and said that was not
30. He thought the committee should
subject their testimony to strong scrutiny.
The amount OF beer drank, 81 bottles,
the Colonel thought furnished strong
probability that somebody was pretty
full that night
PLAIN TRUTHS PLAINLY PUT.
When the Colonel finished what was
really an able speech considering the
absolute absence OF foundation on which
to rest an argument, Mr.. Hubbard took
tho floor. Col. Arnett slightly exceeded
his houf, MS did also Col. White his half
hour later. Mr.. Hubbard was given an
hour, and finished in 6ity.three minutes,
and when asked by the chairman what he
would do with the other seven minutes,
said he would give 1t TO Col. White.
Mr.. Hubbard commenced with con-
undrum, "Why ia the prosecution like
Col. White? Because it is broken
down" Col. Arnett had apologiz9d for
Col. White, saying he WAS broken down.
The conundrEm raised a laugh, and Mr..
Hubbard continued: Col. Arnett may well
ioregO an attempt to "g1 over the evil
dcnCe," for it long ago went over him. 1t
has swept down and buried the prosecu:
ton. Their own witnesses condemned
them. Gentlemen, did not call wit
ness here because l believed it to be
necessary, but because ! had promised TO
bring before this committee every thread
OF fact which could throw any light on
the truth or ialsty OF these charges, |
did 1t. Witnesses who were summoned
here by the prosecution, but excused
when they found what their testimony
would be, lplaced before you and gave you
what they knew. Col. Arnott has alluded
to tho difficulty" OF getting witnesses.
The prosecution opened the case, with
FIVE or six witnesses on hand, by publicly
doploring that witnesses could not be
compelled 10 attend. Yet but one wit
ness wanted here has not given his evil
donce, and we have had from others all
that he knows.
MIR. Hubbard continued that he had de-
voted an hour to trying 10 think what the
attorneys on the other side would say, and
he had failed. Never in the widest flight
OF his Imagination had he ventured to sup
pose the prosecution was aCtuated by7H
malignancy 80 diabolical as had just been
avowed by counsel.
This brought Col. Arnett 10 his feet, but
Mr.. Hubbard went on with much fire and
force, that no effort had been spared to es.
tablish these charges, and nothing had
been really done in that direction; yet the
prosecution came here sneaking and slink-
Ing out OF what they had done. An hon.
est man, q decent man, would have quit
before he began.
col. SRNETT oDRcTs.
Col. Arnett again arose, remarking:
II want to say right here, and l mean
what | RaVn-