The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-03-30

" IN AbNNtI AAAA tAhb Nv WShAA hAAN NAAN
10 consider 1t, and announce his decision
the end OF the term. He askedi II
the motive in making the application
was to procure evidence for use in any
proposed suit for damages, stating that
the answer To that question might
materially affect his decision. MIR.
Erskins replied that he had no inten'
ton OF bringing any action against any
body, nor OF using the evidence for any
purpose except his own protection in the
The case OF William Berger, a colored
man, also indicted for illegal voting, was
then put on trial. lie is the man who
was arrested by Special U. s. Deputy
Marshal Ed Duffy on the day Of
election, discharged after q hear
ing by U. s. Commissioner Gram
mRr, and rearrestCd, He was again
discharged, but Duffy re.arrested him,
and Judge ]. P. Rogers, another us.
Commissioner, discharged him for the
third time. Then Duffy went before the
maladorous grand jury ut PaTkersburg,
which Is responsible for all the
%farGical proceedings against honorable
men in this court at this session, and
had Berger indicted,
Berger was fortunate in having a clear
case. He left the city for a short time,
and was 80 anxious to have no mistake
about his legal right to vote that he
tried TO get some kind OF q certificate
that he left here but temporarily and
desired to retain his citizenship, He
was given u good character BY promi:
nent citizens OF Wheeling who had
known him for years. The only eyi.
dence against him was given BY Ed
Duffy and Jeff Davis. In examining
Squire H, O. Peterman, TO whom Berger
had applied for q certificate Of citizenship,
Mr.. w. II. Hearne, Berger's lawyer, In.
cidentally asked him as 10 Davis's char:
acter. Immediately Deputy Marshal
ShallCross, who has acted as prosecutor,
officer and a little Of everything else In
these cases, leaned over to District At
torney Watts and with a grin OF ghoul-
ish glee on his face, whispered some
thing. Immediately General Watts
asked Squire Peterman about an In
dictment against him some time ago for
failing to make an annual report re-
quired by law.
Colonel Shallcross enjoyed this huge
ly, bat his face fell as II he had been
struck q blow when, a second after
adopting his suggestion, General Watts
arose and threw up the case, agreeing to
q verdict OF not guilty. Said the Judge:
"Write a verdict Of not guilty. II the
man was convicted l would not let the
verdict stand.n So Berger was acquitted.
The whole proceeding against him was
an outrageous persecution.
Mr.. Atkinson called attention to the
colored man Nelson, indicted for illegal
voting at Huntington, now in jail here.
where he has lain over four months.
An affidavit to secure witnesses in his
behalf had failed OF It's effect, why the
Marshal did not Just make clear. His
attorneys asked that he be released on
bis own recognizance, saying they could
prove he did not vote at all, but General
Watts opposed this and 1t was not done.
II suppose he will have TO lie in jail q
few months longer" said Captain
Dovener.
The Court-"I suppose so, unless you
men do like l used togo on all my own
clients bonds"
Mr., Doyener-"Your honor will re-
member a little conversation YOU and |
had on that subject at Parkersburg
once"
The Court-I do not say do as l d.
but do rs l tell you.'"
Mr.. Hearne, counsel for Berger, asked
TINT a rule be issued for contempt
against Edward Duffy, saying when
Berger was arraigned before Commits.
sioner Cranmer Duffy had threatened
II he was discharged that he would 70.
arrest him. ~ think" said Mr., Hearne,
that is a proper case to punish for con-
tempt"
RE Court-"This was On officer. l
suppose he had as much right as other
people,"
Mr.. Hearne-"Had he n right to talk
that way to a Commissioner OF this
Court7"
Judge Cranmer, being present, hand.
ed up, at Mr.. Hearne's request, a record
OF the case, which tho Judge took, n.
marking:
n guess there was a good deal OF feel.
ing ON both sides In this matter from
what / hear ofthis case"
Mr.. Hearne-"There ought to have
been feeling on one side, your honor,n
The Court-"t think there was a good
deal Of feeling on both sides. Mr..
Watts, look into this"
And the papers were handed over to
the District Attorney, who had already
shown his indisposition TO even listen
respectfully toMr. Hearne's statement Of
the affair.