Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1889-03-31
Judge Jacksons and District Attorney Watts
Remarks
4 TESTIMONIAL AND An APOLOGY.

fore, for a copy OF the evidence Dsioie TUG
praDd Jury in the case OF Erskine and
olhers and said it was q very unusual
course Of proceeding to permit evidence
heard before a grand jury to be given out
to apv enc. In this case, however, the de-
feudsnt seemed to feel that the verdict Of
the Jury was not a sufficient yindicatiOn,
and the Court would, therefore, without
allowing It to be used as precedent, sug-
gest 10 the District Attorney that a copy
of the evidence might be handed Mr.. Frs
kiae, as desired.
The District Attorney, in reply, stated
that be would, with pleasure and at once,
furnish the desired copy, and he was glad
20 be able to do so under the advice Of the
Court 1t wss simply o question OF pro
pretty, and one upon which be had pre-
lerred to have the Court act. Having bad
thst sctiou, il would afford him pleasure
to see that the Courts instructions were
complied with.
THE HALE CASE.
The Court then called George B. Hale,
who had plead guilty ,oillegal voting, to the
bar. and proceeded TO pass sentence. Be
fore doing so, however, the Court
stated that he had only heard one side
of the case-the statement Of counsel for
che 6eteuss-and be desired 70 hear from
the District Attorney what his understand
ing of the circumstances was.
In reply, Mr.. Watts stated that the de-
ieadaDt lad not only voted in West Vr-
ginia, on the 9th day of November last,
but that in order to procure the accept
ance OF his vote he had falsely stated under
cath that he was a resident and citizen of
West Virginia, and that his family had re-
sided in This State during the required
period, then, in truth and in fact, the prls-
oner and his family mad not only resided
in the State of Ohio during that period,
but that the defendant had exercised the
highest rights Of a citizen in that State by
voting at the spring election Of 1Soo at
Martins Ferry. General Watts stated,
however, that while he considered the con
duet of the defendant merited the full
measure Of punishment prescribed By the
statutes, still, 10 view of the fact that he
was the only one who had been con
victsd of Illegal voting at The
present term of Court-whLe IN a
number of other cases the government had
introduced evidence and made out cases
which, in his opinion, warranted, beyond
sll question, a conviction, bat where the lu-
rOIs had taken a different view and ar
rived at q different result-he did not,
therefore, feel il would be proper or right
20 impose on the defendant the severest
penalty Of the law, and would be glad to
have the Court, in passing sentence, take
into consideration these facts. AT the
same time he trusted the Court would
make the penalty sufficient TO let the de-
PENDANT and the public know that there
would be no lodging OF evasion Of the cleo
tion laws, either now or hereafter, on the
part of the Court or any OF It's officials.
THE ADDRESS OF JUDGE JACKSON.
The Court, in passing tine sentence, said
the cases up to the present term were, with
few exceptions, the first prosecutions IN
this State for a violation Of the Federal
election laws. The facts IN the case before
him had been amply sufficient 70 have Sc
cured a conviction, and "a number OF
cfhsr cases, with strong evidence, hsd
iNErN H 90 AAaN Us 0l4tA ~ wa ~
be supposed that IL was only because Of
the peculiar language OF the statutes and
the politica, feeling which was not con-
fined to either party, that the defendants
had been acquitted upon the ground Of
reasonable doubt The purity of the bal
lot was essential to the continuation Of
lres government and it ought t. be the
FIRST duty Of all citizens, without regard
10 party, 20 throw sll the safeguards pos-
sble around the exercise of the right OF
suffrage. Congress had recognized this,
and had passed very stringent laws, and
an men Of all parties ought TO be willing
to see those laws enforced, and be anxious
TO rebuke the spread of corruption and the
tree use Of money-sOmething which
had grown duting recent years to vast pro-
portions, and unless checked would bring
about the inevitable decay Of our institu-
tions and pave the way for turmoil and
trouble. Corruption was becoming so COM
mon that in some sections no man of merit,
unless he had money coupled with l.,
could hope 90 reach nv Office of Conse-
Qusnce, and here in West Virginia, The
POS. election eued 70 show "a decided al
vance over Others IN general Tss atty.
Addressing the defendant particularly
Judge Jackson ssid for reasons which hsd
+ been teen before referred to, ne intended
/ TO be merciful, but 40 the same time be
I hoped the punishment be was about TO To-
/ fict would be sufficient to Cause the pee
/ PIE. throughout West Virginia az least, 20
/ pause and consider the Importance OF OBJ.
serving the statutes In regard to the ballot
Judge Jackson then sentenced Hale 10
psy a fine @. 500 and TO be confined in
The JAIL of Ohio County for the period Of
three months.
COL. O'BRIEN'S REQUEST.
After this matter had been disposed Of.
+ Col. Thomas O'Brien, one Of The Jurors,
arose, and asked permission of the Court
TO mske % statement about matter be had
| SEN i'm the kEGIsrEE. having reiersuce TO
the ton of the jury IN one of the cases
ired 81 tire present tenn Of Court the
I Never case J He desired 20 state what mad
tanspred in tn jury room, snd TO 90 so not
only in view Of Whist the REGISTER had
said, but also because eff the remars Of the
honorable District Attorney, who. in con-
Guiding short time before. had fred q
parng shot, at the i-ry.
TIE Court declined To allow Col. O'B-'e1
70 stale Whist had occurred In the jury
room. observing TIA, what tan.pirgd In
ttat apartment mus. D. KEEP s.c.sd ana
inv.olste
ME- WATTS EXPLAINS.
District Attorney Watts then addressed
trs Cont. saylug tLst never since be had
7-li commission as Uliiei S.stes District
Aaouev. either IN Clur- or cut OF
oour. so the present term o. 81
+ aly other t.rm had be delivered q part
rg shot stsj7ry, or in any other wsy