Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-03-19
NOT GUILTY,
But the Court said the Leniency oil the july
was All That Saved Him.

Rut tho Court said the Lenieney oil the July
Was All That Saved Him.
In the limited States District Court, yes
terdsv the attendance of spectators, attor-
navs and witnesses was fully IS large as
duriup the closing days of the previous
week and at times the proceedings were
unite interesting. One of these occasions
was soon after the Court assembled for the
afternoon session. Captain DOvener, who'
with G. W. Atkinson, appeared for the de-
fense in almost all the cases in which vlo-
lst;ons of the election laws are alleged,
called the attention of the Court to what
he termed the criticisms of the REGISTER
nnon the verdict returned Saturday in the
case Of Norvell and Baldwin, the election
officers of Cameron precinct of Marshall
county. He thought the PAPER ought 10
be overhauled and stop put to such talk
This break by Captain DOvener brought
District Attorney Watts TO his feet, with
the remerk that he ought not to complain,
as the papers had also bsen scrutinizing his
course pretty closely.
Captain Dovener still thought the mat
ter ought t. be stopped, when Attorney
Watts said: can right, Captain, you pre-
pare an affidavit, and I'll sign it"
The Judge told the Captain that fit was
expected to try the newspapers as well as
the cases an the docket the Court would
have its hands full, and there the matter
ended
About half-past Two o'clock the case OF
the United States V. Aaron Hixenbaugh,
indicted for a violation of the election laws,
was called, and the following jury selected ;
NJ r Hobbs, Thomas O'Brien, ). W.
Plstt4nburg, J. G.. Kuker, l.. I. Grey,
las W. Gsllaher, John Bnlman, Gsorge
Holiday, Jacob Mcnamara, John Burns
Hamilton Hill and George Crumbatker.
The evidence adduced by the Govern
ment was TO the effect that Hickenbaugh
had long been a resident of this State, but
in March. 1885, he had removed his fam
iIv 10 a small farm Just across the line IN
Greene county, Pa. He lived there until
March. 1888, when he returned TO Lift E.
ton. and voted there at the November
election. At elections previous to 1880
defendant had always voted at Barton.
One witness said defendant had complained
that Francis Barker, who was running for
Justice of the Peace in Greene county,
II fft,aI nf afGH him rIUhf
and that he would not vote for him again, q"
the implication beng that defendant had
voted for him in Greene county, while re-
siding n the farm in question.
The defense admitted the residence upon
the land in Greene county, but said he
had not intended TO make his residence
there within the meaning of the law; that
he merely lived there, but did not farm
the place, carrying on his business as
tsamster in and about Littleton, that al
though be had paid taxes in Pennsy lvanlsi
he hsd never voted OF attempted to vote
there, and regarded himself as entitled to
vote in West Virginia.
The jury returned verdict Of not
guilty.
Upon the announcement of the verdict
the Court said:
"Mr. Hixenbaugh, the evidence adduced
has established your guilt beyond contro-
versy. Under the statutes you are clearly
guilty; You have undoubtedly violated the
law. You must have known, as well as
you know anything, that you had not re-
sided in West Virginia year W hen you
offered your vote. Bat you have been ex-
cused by the jury, and hope this will be
a warning to you, and to others. The
lenieucy of the jury is all that saved
you"