The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1889-01-12

mcnt IS signed by the officers OF th
court, the members of the bar an,
by all the members OF the grand jur
itself, composed of men Of both par
, ties, protesting strcnuously agains
the false charges made in the Intel
hgencer by one d. w. McClaugherty
who is himself under indictment 70
violating the election laws, who re
signed his position as Prosccutin,
| Attorney soon after the election ant
is now required to answer for con
tempt Of Court. Following is th,
letter, which
SPEAKS FOR ITSELF:
| PRINCETON, MERCER Co, w Va
| December Is, 1888. (
TO the Edttor Of the Register:
DEAR SrR:-There appears in th,
Weekly Inteuigeace,', newspaper
! published in Wheeling. West Vir
ginia, in the issue bearing date De
cember 18th, 1888, an article ii
which is incorporated a letter pur
porting to have been written by ID
W. McClaugherty, of Princeton
Mercer county, w. Va, on the 10ti
instant, in which an unwarrantet
charge is preferred in an insinuatine
manner against the Judge of the
Circuit Court of this county and the
grand jury in attendance upon that
Court. The evident intention OF
that letter was to Undue the public
mind with the impression that the
Judge OF the Circuit Court Of this
county in pursuance of conspiracy
entered into between him and the
Democratic Executive Committee OF
this State, had attempted. in the
abuse of his official capacity, to in
inence the grand jury of his court
in partisan manner, to make in
dictments against persons for illegal
voting for political purposes. This
charge is SO -unwarranted that it
calls forth from every unbiased mind
present during the proceedings OF
the court TO which it refers, de.
nuneiation Of the asperity and injus-
tice of such charge. The Judge
in his
CHARGE TO THE GRAND JURY
referred to, said he had been inform
ed that illegal votes had been cast
in the last election; that he had been
informed that money had been used
for improper purposes in the cleo
ton, and he wanted them to inquire
into the facts, and if there bad been
a violation of the election laws OF
this State, he wanted them to indict
the guilt, parties. He also told the
grand jury that they should indiet
all persons who were guilty of vic
lating the election laws, independent
of wealth and social standing, and
without regard to politics or the po-
litical party to which the guilty per
son may belong
The Judge also told the grand
jury that in order TO enable them to
ascertain whether or not money had
been used in violation of the election
laws, and by whom it had been SC
used, they should have tue county
executive committees of both polti-
cal parties summoned before them
as witnesses, as well as the candi.
dates, books, de-, referred to in MI
McClaugherty's letter. The Judge
in his charge to the jury and instruc-
tions to them in the progress of theil
inyestie ations, abstained in all in
stances from using the name of any
individual or any political party
His conduct in the whole matter
was Il
PLAIN DISCHARGE OF OFFICIAL DUTY
and was susceptible of no other con-
struction by unbiased minds. The
grand jury was composed of men OF
both political parties, and not enough
of either party TO make an indict-
ment without the concurrence of the
members belonging to the other
party. Mr.. McClaugherty ought to
have told the public in that letter
that he had been indicted by the
grand jury referred to for violating
the election laws in the last election
He ought, in fairness To the Court
against whom he was making such u
charge. to have given the public the
benefit Of that fact also. Mr.. d. w.
McClaugherty is a Republican and
did resign from the office of Prose
cutting Attorney of this county on
the 9th day of November last, thir-
teen days before he wrote the letter
above referred to; and resigned for a
different reason from the one assign
ed in his letter A rule is now pend
ing in said Court against d. w. Nc
Claugherty, requiring him to-answer
for the contempt of court in writing
and publishing the letter referred to-
These facts are witnessed by the I'M
dersigned members Of the bar and
attorneys in attendance upon the
Court referred to during the proceed
ings referred to. and the officers of
the Court:
JAS. NJ French, A. G. DAVIDSON,
A. w. REYNOLDS, j. S. FRENCH,
JNo. A. DOUGLASS, c. w. SMITH,
WRIT A. FRENCH, Fl. II. MAYTHE,
THos BRUCE, Atty.
r. G.. CHRISTIE, Clerk Cir Court,
G.. l.. KARNEs, Sheriff nj. c..
A. j. GODFREY, Deputy Sheriff,
j. II. JOHNSTON, Deputy Sheriff.
We, the undersigned, members of
the grand jury, in attendance upon
the Court referred to, hereby certify
that the statements contained in the
foregoing article so far as the relate
to the charge of the Court to the
grand jury and the conduct Of the
Court in the matter, are true:
c. w KIRK, d. n NEAL,
A. J. CALFEE, THos G. Coop,
ALDEN THOMPSON, jr, DAVID RICE,
M. S. JOHNSTON, j. S. ScoTr,
john X. PECK, Jos E. FRIEND,
s. Nj. SHoRTT, N. f. HAIRLESS.
Fl. B. BAILEY.
|, james w. Hale, an attorney
practicing in The Circuit Court of
Mercer county, and present Prosecu-
ting Attorney for the State, certify
that | was present in court and
heard the charge of the Judge of said
I'D 81, al.