Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-07-03
CASE QUASHED.
ROBERT B. BURT DISCHARGED, ON NOTION
OF THE PROSECUTING ATTORNEY.


60 u pN1uu " AUA s~S 49,
10 Proceed, and Nr. Jordan Throws
Up HIS Hands
"Your Honor, Mr.. Falloure, the prose-
cutting witness, refuses to be sworn, ana l
AJAX that this case be dismissed"
That was what Prosecuting Attorney
Jordan said to Justice W. h. Davis, about
three o'clock yesterday afternoon, in the
criminal proceedings instituted BY FRANK
FslIoure against Robert B. Burt.
The Court very promptly complied with
the request of the representative OF the
State, while the crowd which was Jammed
into the Office of the Justice gave express
sion to its feelings by g.eat demonssra-
ton Of applause, and then made rush for
Burt, who was almost overwhelmed with
congratulations, which were also extended
to Mr.. Jordan for thus promptly ending
the matter.
When two o'clock, the hour set for the
hearing upon the warrant
sworn out by Mr.. Fslloure, on June 2sth'
Mr.. Burt with arson, in that he
BET fire to the building No. 80 Virginia
street, on the morning of January 9Th
last, arrived, there was . tremendous
crowd in and about the Office Of the JUS
tice, on Chapline street. Most OF those
present were from the leland, but still
there were quite number from the east
tide of the river, all having deep interest
In the proceedings about to be commenced.
Col. W. W. Arnett has been the chief
legal advisor of Mr.. Falloure in the mat
Ter, but on Saturday afternoon, very
shortly after the arrest of Mr.. Burt, the
Colonel left for Washington City. In
his absence, the prosecuting witness, who
On Sunday made trip out to the country
to see Prosecuting Attorney Jordan, en-
pIoyed Mr.. John o. Pendlston, this gen.
tlemsn being engaged about IL o'clock
morning Capt. B. B. Dovener
and Sommerville & Howard appeared for
MIR. Burt. Twenty-seven Witnesses were
in the case, nine being for the
and eighteen for the defense,
and most if not all of them were present
at the hour set for the inaugura-
ton of the proceedings
Uln,, ha Nnnrf onnnunrad ito raadi-
ness to go on, Mr.. Pendleton arose and
moved that the matter he continued to an
other day. In doing this, he said he was
to secure the ends of justice.
Neither himself nor Mr.. Jordan knew
much about the case. Col. Arnett was
familiar with the case and with
the witnesses, but be was absent from the
city. Mr.. Falloure had only come TO him
q few hours ago, and he had agreed to sp-
pear, but he had not seen the witnesses,
and in addition COL. Arnett was to have
had transcript of the evidence taken at
the former trial prepared, but if he had
done 30, no one knew anything about ii.
He contended that a postponement could
do NO possible harm to the defendant,
either personally nor to his reputation; if
he were innocent, as he claimed, he had no
reason to shrink from the very fullest in
and if, on the other hand, he
we're guilty, the State wanted the most
ample facilities to get at the facts.
Captain Doven9r said he felt called upon
to resist the request just made with all the
vehemence in his power. His client bad
been subj ected to enough hardships, with
ont now seeking to add to them. The
warrant under which he was arrested had
been issued last Thursday, but was not
served until nearly four o'clock on Satur-
Hay, and within an hour of that time the
attorney in the case for the prosecution
had jumped on the cars and left the city,
and had not yet returned nor sent any
word. Mr.. Burt was ready for trial Sat-
urday, and he was ready now. When that
trial was had, the defense would not only
show conclusively that Mr.. Burt was an
innocent man, but it would 90 farther,
and show against whom the warrant
ought to have been directed. The claim
BY Mr.. Pendleton that he was not familiar
with the case, he thought not well founded
Mr.. PendletOn had appeared for the defense
IN the former trial, while Mr.. Jordan had
it, and they knew all about it,
if any two men in the country did. Be-
sides that, Mr.. Falloure WAS with them, to
tell them what he knew and upon what he
relied in making up his Gaze. The case
ought ny all means TO go on, until the evil
1ence of the witnesses present had been
taken, and he was free 70 cay that If the
developed anything, aud had
need of further evidence, he would agree
10 ALLOW time for its production. Let Mr..
Falloure go ahead, and show one scintilla
Of evidences, if he could, but he warned
him that il the case was proceeded with,
ne would let in the sunlight upon Mr..
and prove that he was the man
Who ought to be charged with the crime.
he wanted the people to know who the
guilty party was. ~ have heard of peo-
,le being hoist by their own petards' and
think have got such case here"
Mr.. Jordan next addressed the Court
He said he was present simply as the Pros
cutting Attorney of the county, and if In
lis estimation there was not sufficient evil
lence adduced to warrant the presumption |
# guilt, he would promptly move for the
discharge of the prisoner. The crime was
heinous one. If the prisoner was guilty, |
10 punishment could be adequate; if be |
vas innocent, he should be promptly set |
rec. At the same time, the man making |
he charge ought to be allowed every oppor.
unity ofproying bis case.
Mr.. Sommerville thought it was scarcely |
TO add anything to what Captain |
)ovener had said. Mr.. Burt was not the |
nan to commit this, or any other, crime.
lie was as far above suspicion of such q |
hing az any man in West Virginia. He
ould See no justice in the motion for de-
ny. 1t was not pretended that any i'm |
ortant witnesses were absent, and the sole |
round, therefore, rested upon the absence |
{ Col. Arnett. Col Arnett was good |
awyer, but his absence WAS not, in his |
pinion, Sufficient grounds, because both |
Ar. Pendleton and Mr.. jordan hai been in |
be case before, True, Col. Arnett had |
'een Mr.. Fslloure's counsel in the matter,
mt the Colonel must have obtained ali |
lis information from Mr.. Falloure, who
vas here with his witnesses. Col. Arnett |
ould have no data peculiarly his own; the
ountain could not rise higher than its |
ource. 1t would be groes injustice and
great hardship to let the charge remain |