Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-02-05
A BROKEN NOSE.
How a County Constable Was
Knocked Out in One Round.
Thomas HowIey Disables Henry W. Brooks
and is Arrested Therefore and
Held to Court.

Yesterday afternoon at two o'clock
Thomas Howley, the well known saloon
and restaurant proprietor, was arraigned
before Justice Zane Phillips on q warrant
sworn out By Constable Henry W. Brooke,
who charged him with interfering with an
officer in the discharge of his duty. Mr..
Howley, through his counsel, Mr.. Dennis
O'Keefe, waived an examination and gave
bond in the sum of $500 for bis appear
nee at Court. Constable Brooks appeared
in the squire's Office with his nose neatly
done up in c~ourtplaster, and made the fol
lowing
STATEMENT REGARDING H AFFAIR,
of which the warrant was the outcome, to
a reporter for the REGISTER:
MY nose is broken. The blow which
did the damage was inflicted by Mr.. How
lev, about 7 o'clock last evening, while l
was in the discharge of my duty as an Off
Ger. There had been an execution issued
BY Justice Manion, of Webster district, on
Mr.. HoWley, a levy made on certain of his
effects at his place of business on Market
street, The Cottage and | went down
there with a notice OF sale. Howley OBJ
iected to my putting it up, but told him
/ had to do it. 1 was in the act of tacking
it on the south jam OF his front door, when
Rowley came out and struck me in the
face with something, cutting me terribly
and breaking my nose. | bled protusely
and had to have the wound fixed up b
DR.. Hoge. To-day |
swoRE oUT A WARRANT
for him. Dennis O'Keeffe, told me here to-
day that he advised Howley to do what he
did"
The reporter called on Mr.. O'Keefe in
his law office on Chapliue street, and ask
ed for the facts as to his connection with
the affair. Mr.. O'Keeffe said
II did not advise Mr.. Howley to strike
the Constable. The idea is ridiculous.
But | did advise him to take anybody who
attempted to put up a bill of sale by the
collar and throw them out. There has
never been a proper proceeding in the
case on the part OF Squire Msnion, who is
unfit for his official position, On the 18th of
last December James Mathews insti-
tuted a civil suit before Justice Man
ion against Thomas Howley to
recover 1920. On December
Der 18th q trial was had, and a verdict
rendered for 1922 {. at once moved for
a new trial and demanded a jury. This
trial came off January 9Th, and the jury
rendered a verdict for $l04 20. At once
before Judgment was rendered, / moved to
Get aside the verdict, ard argument wa
set for January 9th at 10 q. m. On the
evening of the 9Th a big snow storm set
in and continued during the 9th. and the
attorneys in the case, Col. W. W. Arnett
and myself, agreed to postpone the matter
and the Justice
WAS so NOTIFIED.
The matter has never since come up.
On January 2lst a writ Of execution was
issued. On the 29th | moved to qussh
the execution, which was heard By the
Justice and overruled. He then proceeded
to levy and last night bis constable, Mr..
bIOOhe' uhucIlOph W put up q uOlCc VI
sale. ! told my client that the proceeding
was irregular, and he resisted the posting
of the notice, as he had a perfect right to
do"
Later in the day Mr.. Howley was seen.
Ee confirmed Mr.. 0'Keeffe's statement
of the case, and said:
Il am perfectly able 10 pay any riph'ful
judgement or other debt, but l don't pro
pose to be bullied. | have thousands of
dollars worth Of real estate and personal
property. | was not harsh with Mr.. Brooks
until he persisted in putting up the notice.
Then l hit him with my fist. Before that
| talked to him kindly and even treated
him in the saloon. I suppose | will have
to go beloreth the grand jury, bat | think am
right in my cour4e.'
The penalty for obstructing an officer in
the discharge of his duty is a fine Of not
less than $25 or more than 5000, or i'm.
%prisonment for not more than six months.