Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-10-26
ARGUMENT OF COUNSEL.

MR.. CHAIRMAN AND UEATLkhEN Of IhE
CoMHTrTEE:-I congratulate you upon the
near approach ofthe end Of your srduous Ia
bors. Ishall ask for your attention not to ex-
ceedthreefourths Of an hour or an hour,
under the rules, and shall ask for patient
hearing while sum up the evidence in this
case. The question, gentlemen of the
committee, in regard to all
charges is 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. l 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 it because
THE ONLY QUESTION
before the committee is the truth or falsity
of the charges made by the Sergeantsgainst
the Mayor. | shall, therefore, not call
your attention to the witnesses seyerally,
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 it is,
of course, saddled upon, or is incumbent
upon the Sergeant to establish the truth Of
the charges. Ithss been said, that in any
investigation, the question is not whether
any particular allegation is false, but as
to the probability of truth. am sure |
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 enough to satisfy the body
before which the cause is being heard
There is another rule of evidence, and that
is this: That prepondersnce Of evidence
obtains in all civil actions, but in oil crimi-
nal causes, certainty, or what will satisfy
the tribunal beyond reasonable doubt, is
required. There are cases in which one
witness will outweigh hundred. OF
course that is extreme, but where one wit
ness testifes to what strikes 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 delineated.
Nov as to
The EIGHT CHARGES.
1t would be impossible, in the limited
time allotted me, to go over, in detail, the
evidence offered. The witnesses were nu-
merous, and were called in manner cal.
culated 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 Saengertest. The
charge had been made upon information.
Evidence had been introduced which went
to show that defendant had drank there,
with Messrs. Pollack 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.
radict these statements, but had not sue
ceeded. In regard to the license at the
rink, the statements and official records
showed that be must have known there was
no license.
As to the charge of giving permits 10
peddlars, there had been no denial, al.
though the defendant had claimed that he
had given the documents to worthy appli-
cants, and ksd not deprived the city Of
cent of revenue. But with the nature
of the permits, or their objects, the com.
mittee had nothing to do. 1t must be ad
mitted it was q bad precedent 1t Ger
taiuly looked bad for the President Of the
First Branch Of Council to break an or.
dinance he had sworn to uphold. There
was no authority for the Mayors action.
and the precsdents of former Mayors were
no excuse.
With reference to the allegations Of
having interfered with the police By giving
directions to subordinates, Colonel Arnett
said it must be admitted upon proof of sew
ersl gentlemen, that His Honor the Mayor,
after having bsep 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
and permit, if the City Sergeant should con-
sent, to
A REVIVAL AND CONTINUANCE
of the games. The Mayor had said they
were q violation of the ordinance, ard yet
he wsS wiling they should 60 on.
! As to the eight charge. upon the theory
| of the probability Of truth, be said the COM
mlttee must be aware that the Sergeant
had sworn TO the matter, and be submitted
that If the Sergeant vas In error be must
have been the veriest Ounce who ever at
tempted to transact business of any kind.
Did the committee think, iRthe charge was
untrue, that Porter Smith would have
made it, aud then faced all the witnesses
who were sure 10 have been summoned in
denisl2 If Porter Smith knew the charge
was false, be knew perfectly well that
eyery man summoned would be disposed to
avoid saving enyt6ipg as to its truth. How
was the tsstimouyf NJ. Hsmllton bad
seen the Mayor In conversation with the
woman, she having her hand on the arm OF
his chair, and that ia moment the Mayor
vent from the room. True, be said he was
only soas thsss minutes, but nevertheless,
he had SAID he Wsnt OHt, There was
some doubt ss to who bad gone out
With him-whether one Of the girls or the
iandlady, but some one had 50 gone. No
two witnesses had described what took
place 10 that bousein the same way. He
thought if vas not tie business o. The com
mittee to say that because a part Of the
accusation bad not been sustained that It
should report tEst npne bad bssp. Il was
not the business Of the eoppittee to de-