Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-04-01
SENTENCED.
Geo. B. Hale Gets Fine of 500 and Three
Months in Jail.
From The SUNDAY Register

MJutuo III ddll.
From the Sunday Register.
No cases were tried in the Federal Court,
yesterday.
Bat the proceedings were none the less
interesting on that account.
In fact, they were Of greater import and
moment than usual, and Whist transpired
during the brief session afforded t.xt for
the gcssips during the remainder OF the
day.
Almost Immediately after Court conven-
ed, judge jackson referred to the request
of Mr.. William Erskine. made the day be-
fore, for a copy OF the evidence before the
grand jury in the case of Erskine and
others, and said it was a very unusual
course Of proceeding to permit evidence
heard before q grand Jury to be given out
to any enc. In this case, however the de-
fsndant seemed to feel that the verdict of
the jury ws5 rot a sufficient vindication,
and the Court would, therefore withoG
allowing IT to be used "a a precedent sug-
gest to the District Attorney that a copy
of the evidence might be handed Mr.. Frs
kline, as desired.
The District Attorney, 10 reply, stated
that he would, with pleasure aud at once
furnish tie desired copy, and ne was glad
70 be able to do so under the advice of the
Court II vas simply : question OF pro
prlety. and one upon when he had pre-
fcrred to have the Court act Having bad
that action, it would afford him pleasure
TO see thet the Courts Instructions were
complied with
TIKI HALE CASE.
The Court then called George B. Hale,
VINO had plead guilty toillegal voting, TO the
bar, and proceeded 20 pass sentence. Be-
fore doing 30, however, the Court
stated that he had only heard one side
Of the case--the statement OF counsel for
the defense-and he desired T. near from
the District Attorney what his understand
ing of the circumstances was.
In reply, Mr.. Watts stated that the de-
ieadant had not only voted in West Vir-
gnia, on the 9th day of November last,
bnt that in order 10 procure the accept
aDce OF lis vote ne had ely stated under
cath that he wac @ resident and citizen of
West Virginia. aud that his family had re-
sided 10 ibis State during the required
period, then, in truth and in fact, the pris-
ouer and his family had not only resided
in the State Of Ohio daring that period.
but that the defendant had exercised the
] hftffa.e oil
voting at the epring election Of 1Sss at
Martins Ferry. General Waits stated,
however, that while be considered me Goa
duct OF the defendant meTited the full
measure of punishment prescribed b. the
statutes still, ia view Of the fact that ne
was the only one who had been con-
v.ctsd Of iliegll voting az the
present term OF Court-whi!e in q
number Of other cases the government had
introduced evidence and made out cases
which, in MS opinion, waGIanted, beyond
all question, conviction, but where the ju-
rols had taken a eifferent view and ar
rived az q different result-hs Old not,
/ therefore, itei it would be proper or rigb.
to impose or the defendant the seveTest
p naity If Inc lsa, sud would b. glad 10
| nave the COu:!, IN passing sentence, take
/ into consideration THESE facts Al the
same .ime he Trusted The Court would
m Ike the penalty sufficient 90 leu The d.
/ lendant and tn public kroS Chat there
would be 10 lodging or evasion Of the e.ec
| tion lows, 'hcI nov OK be.saller, on the
par, Of the Court or any OF ITS officials.
THE ADDRESS OF JUDGE JACKSON.
The Court, ia passing the sentence, said
| the cases up to the present term were, with
few exceptions, ihe first prosecutions ia
/ this State for q violation If the Federl
I election laws. The acts in lie case before
| him had been amply sufficient to have Sc
cured a conviction and Number OF
other case, with strong evidence, had
! been presented 10 the ] q les and 10 VAS TO
be supposed that il w5s only because OF
/ the psculisr language O. the stsi0tes and
the poli'csl feeling. which was not con-
fined to either p3ry, tlat the defendants
| had been acquitted upon the gr uud Of S
/ reasonable G0uht Tne purity of the bsl-
| los WIS essential 80 ,he continuation OF q
| free government, end It ought be the
! first duty OF al citizen, without regard
| TO party. 10 throw 81 the safeguards p.s-
sibie around the exercise of The right OF
suffrage Congress had recognized this
and had psssed very stringent lava, aud
all men Of ell, parties 0ueit 20 be willing
20 see those laws enforced, and lie anxi0lg
10 rebuke The enTesd of corruption snd the
free use Of monty-sOmeihing which
had grown duiing recent years to vast pro
poriio1s, aud unless checked would bring
abaut The inevitable decay OF our ins.itu-
tiona ard pave the way for turmoil and
trouble. Corruption was becoming so com
mon thot in some sections 10 man OF merit,
unless he he'd money coupled with it,
could hope to reach ny Office OF coDse-
ouence, and here in West Virginia, the
past election seemed to show 8 decided adj
vance over others in general Iascality.
Addressing the defendant particularly
Judge jackson eaid, for reasons which had
been been before referred to- he intended
10 be merciful, but at the same time lie
hoped the punishment be Was ahont to In
fict would be sufficient to cause the peo-
ple. throughout West Virginia ut least, 10
pause and consider the importance of OBJ
serving the statutes in regard 10 the ballot
Judge Jackson then sentenced Hal" TO
psy a fine of 500 and 10 be confined 10
Tho jail of Ohio Codniy for the period Of
three months.
COL. O'BRIEN5 REQUEST
After this matter had been disposed of,
Col. Thomas O'Brien, one Of The jurors,
arose, and asked permission Of the Court
10 make a statement about matter he had
seen in the REGISTER. having reference to
the action of the Jury in one Of the cases
tried at the present term Of Court THE
Never case. He desired to state what had
transpired in the Jury room, and TO DO so not
only in view of what the REGISTER had
said, but also because Of the remars Of the
honorable District Attorney, who, in con-
Guiding short time before, hsd fired a
parting shot at the ilry.
The Court declined to allow Col. O'Buen
to state what had occurred in the jury
room, observing iha. what tiauspirod in
that apartment must be kept sacred and
inViolate.
MR. WATTS EXPLAINS.
District Attorney Watts then addressed
the Court, saying that never since he had
held a commissiou as United State District
Attorney, either in Court or cut OF
Court. at the pre- ent term or ct
any other term, had he delivered part
ing shot" st q jury, or in any other way
criticised their actor or encrosched npon
their rights. No juror could say or show
oupht to the contrary. He had ssid-and