The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-09-11
rus FEDERAL COURTS.

Not Much business Transacted In Elther
Court festsrday-Iho Froelaud Case,
In the U, S, Circuit Court yesterday
only one case was heard, that Of the
United States VS. Byram Bates, Of Brooke
county, for violation OF the election
lawsi q plea Of not guilty was entered,
and on q trial by Jury, q verdict OF NOT
guilty was rendered.
The case OF Maria A. Shaw vs., the
Randolph, w, Va, Boom Company, on
motion to remove the temporary re-.
ceiver heretofore appointed, set for this
day was continued until Wednesday
morning, the Courts time being othef.
wise fully occupied,
Hon, O, O, Watts and ex.Goy. j. r.
Jackson appeared for the plaintiff and
U, S, Senator John Il, Kenna. Fl. nj.
Russell, Esq, aud Mr.. Locke, Of New
York, for the defendant,
In the District Court the case OF ],
]. Freelaud, alias Jack Freeland,
Wheeling street car conductor indicted
Tor illegal voting, was tried to Jury on
bis plea ot not guilty and he was con-
victed and sentenced by the Court In
pay fine Of $40 and costs,
Freeland admitted that he bought
forty acres Of land in Wetzel county In
the fall OF 1886, and that he soon after
moved his family there, and that thew
remained there until about fiity.two
days before the election In 1888, when
they came back to Wheeling, These
were substantially the same facts the
Government proved against him, MIR.
Freeland, the most OF tho time, with
the exception OF eight months Of 1888,
did not remain with his family in Wet.
eel county, but was at work for tho
street car company. He claimed that
he meant to retain a residence in Ohio
county when he moved his family, The
facts SO plainly against the claim OF
residence In this county, rendered il i'm.
possible for the jury TO do anything else
than TO convict him. His attorney, Hon,
G. w. Atkinson, for whom he had
voted along with the other candidates
on the Republican ticket, made q des-
perate effort to save his client. He ar
gued the case at length, endeavorlng to
sustain his theory OF defense that Free.
land was a resident and voter Of Ohio
county, and that the absence Of intent
TO become a citizen OF Weizel county,
when he moved his family upon lis
lafm In that county, justified his theory
Of the case; but Mr.. Freeland's own ad.
missions, coupled with the proof the
had offered, were too much
Tor him. lie quoted score or more de-
Disions OF different courts sustaining his
theory OF the case, but the Jury was OF
The opinion that NIr.i Freeland was
guilty OF a violation Of the election law
and SO found. Mr.. Atkinson was highly
over his able effort for
bis client.
Judge Jackson, in sentencing Freelaud,
stated that 1t was the first opportunity
he had had to deliver some important
reflections upon the purity OF the ballot
box, and honest elections. He spoke at
ength Of the great need that existed for
/ reform In existing methods Of conduct
ing elections. He regretted that he had
not been able 10 have before him an
open corrupter Of tho ballot box and
1riber Of voters. II he had such IN one
le would not hesitate to make an OK
ample OF him that would, he was sure,
prove an important lesson to violators
II the election law in this State. The
'aBe OF Freeland was not IN aggravated Of
ense, and he would therefore only pun
sh him In a very light manner. Free.
and paid the fine, and shot out OF tho
lourt room like one running from a tax
collector. Evidently Judge Jackson
would give au election briber or ballot
,ox stuHer the full benefit oithe statute,
I he ever gets bis grip on one.
In the case Of George Wells, indicted
or violation Of the election laws, he
vas recognized In $500 bond for his ap-
,earanCe at'the next term OF court and
lis case continued.