Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-03-30
DESIRED A COPY.
Mr.. WILLIAM BRSEINBRBQUBSTS A DUPLl
CATH EVIDENCE
Upon Which the Grand Jury Returned an Indictment
Against Hmm " E. Hearns Wants
Witness Fined for Contempt

There were tnTee eplsoues OF lnOle 'uau
ordinary interest u the United States
Court, yesterday.
The first was the request Of Mr. Will
Liam Erskine for copy Of the testimony
sdduced before the Grand Jury, upon
which the indictment in his case was
brought; the second was the picturesque
attitude presented by JEFF. Davis on the
witness stand, and the third was the at
temp. by Mr.. W. H Hesrne to have Ed
ward Duffy, one Of the witnesses for the
government in the case against J. W..
Berger, arraigned and fined for contempt
of Court
The first case put on trial was that OF
the government Hugh Douglass, charged
with casting an illegal vote at the Seventh
wstd polling place. The Jury consisted of
Messrs. T. G. Britt, J. F. Baird, W. NJ.
Morgan, George W. Phillips, George Hol-
Eday, Thomas Sweeney, S. A. Wilcox, NJ.
r Hobbs, Thomss O'B-ien, K. f. Elem
ing, James Mcnamara and Benoni Feay.
The case for the government was, in brief,
that defendant had broken up hOuse-keep
log on the Island about the middle Of Oc-
tobsr and had removed 10 Belmont county,
o., with the intention 81 making his home
upon q farm which he had bought there.
The defense admitted the purchase of the
farm and the removal of Mrs. Douglass
there, with psrt OF he household goods,
but stated and proved that ar Douglass
had reiraiued from going, for
the reason that he did not
want to lose his residence AID his vote in
this State. and had stayed upon the Island
until after the election. There was YER
dict OF Tot guilty, by direction Of the
| Court, on the ground that it appeared
from the testimony OF the defense that his
I intention was not to change his residence
until after the election
When Court reconvened in the after
noon, the case OF the government V. J. W.
I Berger. colored, was called, and a Jury
| selected IN the persons of Messrs. George
/ Holiday. Joe. W. Gallaher, NJ K. Hobbs,
I Thomas O'Brien, X f. Fleming, Benoni
Feay, John Roemer, Sslman Wells, George
GundliDg, j. d. Stanton, John White and
p. W. BOsley.
Just about the time the District Attor-
uey was ready to call the first witness,
| Mr.. William Erskine addressed the Court
aud said be would like His Honor to di-
rect the District Attorney to deliver Ia
him a copy of the testimony given before
| the grand Jury, at PMkersburg, by Nc.
/ NJ C. Crawford. and pom which Mr.. Frs
I kline and the other commissioners Of cleo
ton az tbs Island poll had been indicted.
Mr.. Erskine explained his reasons at
I length for asking fOg the testimony, which
was, i'm substance, that there was nothing
on record in the Court save the verdict OF
not guilty; therefore, a copy of the evil
deuce might be valuable 10 have for ref
erence in the future in case circumstance
might require it. de stated also, that il
was due a citizen TO have such evidence iu
| his possession when indicted for so serious
an offense. He, Erskine, had asked At
| torney Watts for the evidence, but
/ he seemed 10th to furnish it.
/ The District Attorney explained that
although intending at the outset to fur
nish tine evidence required, on reflection
he did not think it good policy to allow
he testimony before the grand jury TO 70
out, as it would establish bad prece ,ent,
and perhaps defeat the ends OF Justice.
Mr.. Erskine replied at length to the
| Attorney. in which he argued that the
precedent could not materially iDjure the
cause of the government.
The Court asked Mr.. ErskiDe wheth
or not he desired a copy Of the testimony
in question for the purpose of aiding IL
bringing or maintaining an action at law,
70 which Mr. EIskine replied in the
negative saying he hsd 10 idea of bring
my an action, no matter how unjust OF
unfair his prosecution may have been.
The Court have very grave doubts O
the prop'ittv OF granting this request il
this clse Alter a verdict O. jury Of you
countrymen, and the publicity of the fact
in the press, and a statement by the Dis
trict Attorney on top of that. II woulC
seem like a full vindication. Ii would b,
a very bad ecedent TO allow the oificeu
OF the Court TO make public Whist trans
pires in Jury room. Ii men are to b
held responsible for the evidence they may
offer or the actions they may take in ;
grand Jury room, il will result in great OBJ
struction to the cause Of public justice.
will take the matter under advisement fol
the present, but whatever 1 msy do,
will have 70 receive the fullest assurance
that the testimony asked for is not used 4
institute OF msintsin proceedings.
This ended the matter, and the hearing
OF the case against Mr. Berger was pro
ceeded with. Edward Duffy WAS the pres
ecuting witness and stated he had srrest
ed defendant after he hsd attempted Il
cast 3 vote at Union precinct, on Tire morn
ing Of election day. Ga cross examination
be admitted having arrested defendant
seco1d time, after he had been discharged
Z by Commissioner Crsumer, and had agar
taken him cut Of bed and had him ar
raigned, with the final result that he hs'
been lodged in jail.
JET. Davis had met defendant upon tn