Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-07-18
DISCHARGED.
THB HEARING OF THB HABBAs CORPUS
WRIT.
In The CASES o. tie Base Ball Players, in the Or
cut Court Before Judge PAUL. Yssisr-
dAy Afternoon.

The iGbeas corpus proceeding in the cas-
Of the members of the two ball teams ar
rested for playing last Sunday, came n
before Judge PAUL yesterday morning
about II o'clock, and took up about al
the remainder Of the day. There was
very considerable audience present durinl
the entire time Of the hearing and argu
ment. The State was represented by Judg,
J. J. Jacob and ex-senator sommerville
and the defense by Col. Arnett, Capt
DOvener and J. D. Ewing, Esq.
Justice D. z Phillips was put on thu
stand aud invited TO testify as to the pro
ceedings leading up to and including The
arrests made by him Sunday afternoon
| The Justice said be had made the arrest;
on view, and said he had required defend
ants to appear at nine o'clock Monday
morning.
Q Did you have any papers relating
70 the ball players Al had some war.
rants, partially filed out, probably TWEEN
/ ~ FIVE or twepty-six OF them. They were
not dated nor signed. There was no cor
responding complaint filed out.
Q-At whose instance were the war
rants partially filed out? AT my
own; did il Saturday afternoon. Some
one told me there would be ball game.
Q.-Who told Jon? A-President
Howell. be told me they would play
ball snd told him they would be arrest
/ cd. I said il would be an expensive thing
for them if they did.
Q-WhO else connected with the Base
| Ball Association told you there would be
a game? A.-Mr. Mclaughlin. He told
me they would play, and l said it would
be very expensive.
R-Who asked you to 90 over to the
grounds AIR. Howell.
Q-What for?
A He asked me if I wouldn't 20 over,
and if the players were arrested, receive
their bond.
O. And you went In accordance with
that arrangement? Al said I would 20,
Didn't you also agree TO arrest them
A--So; some one was 10 20 and make De
arrests, hut did not, and then l arrested
them. left the grounds at once.
When Justice Ankle came TO answer th'
questions, be said, he had been telephoneC
Sunday morning to 20 to the Sheriffs Of
ice. he went there, and found James p
Newell, Joseph A. Faris, Mr. SOmmer-
VILE and Sheriff S.eenrOd. There was
some talk there about the arrests anC
later witness procured the services of Ed
Dennis as a special constable. Later h,
also got Constable st. Myers and Constable
Lauchlin.
"Rsddy Williams testified briefly about
the game, showing theer was but one game
attempted to be played.
Constable st. Myers said he saw Justice
Phillips in front Of Justice Oaldwell's
house Sunday afternoon. he had com,
papers, and he said they were warrants
for the arrest Of the players, bat they
were not signed.
/ Justice Phillips was recalled. lie pro
ducsd the papers he had made cut, but
-aid they were bonds. He admitted be
mad partially filled up warrants, but they
we're not out CT his pocket on Sunday,
whereupon the defence objected to the
/ production of the warrants, as no one had
/ seen them The Court, however, ordered
that the warrants be produced. The JUS
tice sent for the warrants. On his
return he produced the warrants, partially
written out. They were dated July -"
aud there were also blanks in each warrant
for the name Of the player, but otherwise
the warrants were about complete. Pro
ceeding. Phillips said MI Howell called
At his office to see him about the contem-
/ plated arrests. On Sunday be came from
/ Moundsville to make the arrests, and re-
/ turned at 4.3O that afternoon.
Arguments of counsel were then COM
menced, Capt Dovener first addressing the
Court for TIE defense, and being followed
BY Mr.. Ewing Mr.. SOmmerville respond
ed for the State followed by Judge Jacobs,
and Col. Arnett closed for the defense.
/ The defense held that both the arrests
were unwarranted in law, but the arrest
by Phillips being made, the second arrest
By Arkle wss clearly wrong. They held,
/ drst that there was DO offense, second, II
here was, the proceedings we're not
against The proper persons; third, that the
arrest on Sunday was wrong; fourth, that
there should be 10 arrest. but proceedings
bad by summons, and fifth, that the first
arrest covered the matter, as there had
been but one offsnse, if such thing exist
ed in fact.
The State combatted all these PROPOSE
tions, and a good many fine points were
brought out and dilated upon.
About bali. past six O'Clock, the end Of
the arguments having been reached, Judge
/ PAUL. decided that the second arrest was
not warranted in Law, and dismissed the
defendants from the custody Of the Sheriff.
/ The ball players were not present in Court,
they being at supper at the Howell House,
in charge OF the deputy sheriff, at the time,
MHAr will Browns Iron Bitters cure.