Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-07-02
CONSTITUTIONAL PROVISION
f 1868 had been repealed and amended:

"Artfcle XI, Sec. S.-All Ofenses against
the laws of Virginia heretofore committed
within the boundaries of this State shall
be cognizable in the courts Of this State, in
the same manner they would be if here
after committed within this State"
This provision was good enough until
repealed in 1872, when the Constitutional
Convention adopted the following provision
in lieu of sec 5 of art. IL OF the Code OF
1868:
"All civil and criminal suits and pro-
ceedings pending in the former Circuit
Courts of this State shall remain and be
proceeded in before the Circuit Court of
the proper county. All OtfenSeS against
the laws of Virginia heretofore committed
within the boundaries Of this state, shall
be cognizable in the Courts of this State
in the same manner "a they would be if
hereafter committed within the same"
Then followed the adoption of Article
3, section Sc, which says: ".AH cicH and
criminal suits and proceedings peRdiRgin the
former Circuit Courts OF this State shall re-
main, and be proceed in before the Circuit
Court of the proper county,
CALlJN Eth - AlNi' hENi
''The offcnsc," said Mr. Caldwell, Com
mitted by Paul had never been instituted
or proceeded in any of tho Circuit Courts
of either Virginia or West Virginia, and
therefore was not included in the term Of
the court provision of 1928, and there
fore there is no law in the State of West
Virginia by which he can be arrigned or
tried for the said offense, if any such had
been committed by him"
TO this plea the attorney for prosecution
demurred and the Court Oycrruled the de
murer and required him to reply to said
plea, which he did, and issue was thereon
Joined. The prosecution then asked for q
continuance of the case, on the grounds Of
the absence of a material witness, who was
present and saw the difficulty between
| Paul and Houtchin.
Mr. Caldwell then insisted upon trial
of the case, claiming that his client had
been in prison for near five years and had
been required to answer this indictment,
and was here ready tomect the same; that
he was "withOut single witness and re-
lied solely upon the facts set up in
his special plea; that for the
sake of u speedy trial he was willing
TO admit all the State claimed and could
prove in regard to the circumstances OF the
homicide; that the sovereignty OF the State
of West Virginia had long since ceased, so
| far rs the trial of his client was concerned
for any alleged violation Of the laws OF Vlr-
pinia, and he delied the State TO harm one
hair of his clients head
The court then said that as the defense
relied upon the matters contained in the
special plea the only question to be deter
mined was the
DATE OF THE ALLEGED EoMTCIDE,
ipasmuch rs the defense admitted the kill
ing of Houtchin by the prisoner.
The court then stated that question OF
such prosecutions had been before the Con-
stitutional Convention Of 1S12, and that
the convention had decided that
o0enses committed against the
commonwealth of Virginia with
in the country of West Va. prior to the
! formation of the State, and which had not
been proceeded in before the Courts II
should not now be revived, that the acqul-
escence of the people for so many years
showed that these offenscS, if any had
been committed, had been endorsed by the
people, and hence general amnesty was
! intended by the convention of 1872, that
the point raised in the prisoners special
plca was a very fine and intricate one, and
he was inclined to the opinion that there
was a great deal it, and that considerable
difficulty wonld arise i'll Il further proceed
inS of the case.
In view of these facts the State took a
continuance and admitted the prisoner to
hail upon his own recognizance by consent
and at the request of the attorney for the
! State.
Thr decision of the court was received
with acclamatiOn and by a general reloic-
ing of the crowds of people of Writ, Roane
and other counties who were present and
were taking particular interest in the triai.
They now congratulate themselves that
there will be an era of prosperity and ol
undisturbed peace, rs the settlement oil the
Paul case will be the final conclusion OF
all the cases threatened to disturb the
peace and quiet of West Virginia.
No case ever attracted more attention,
and the favorable comment upon the decl-
sion of the court was universal.