The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-05-10
A VERY SMALL JUDGE
Tries to Buck Against the
United States Court
IN THE MATTER OF ARRESTS
Ny tho United States Marshal, who
was Obcying tho Mandates OF His
Court-Statcs Rights Scnti.
mcnt After tho Fair Is Over.
Special Dipaich to he Inieuisener.

sPtc'm D!hpdlch 10 Me Inttulgtfetr.
CHARLESTON, WA, May GA dii.
Hculty has occurred to-day between the
United States md State officers which
came near being n riot, and though the
inaiter was peacefully settled, the action
OF Judge John J. jackson, Of the United
States Circuit Court, this morning nd.
Judging tho costs against the Sheriff and
his deputies Of Summers county for tax.
Ing prisoners away from the Uuitpd
States Marshal, is likely to be produc.
tive OF u serious conflict between tho
United States Court and the State
courts.
The case was brought up by the Sheriff
Of Summers county taking United States
prisonersfrom the Deputy United States
Marshal. United States Marshal II. S.
White sent his deputy, S. W. Wiley, a
few days ago to Summers county 10
arrest Bick, Price, Henderson Farley and
Charles Il. Abbott, who wcro charged
with felony in the United States Court.
After making the arrest Wiley started
with his prisoners for Charleston. On
reaching the train on which they were
to be conveyed, Wiley was surprised to
find there the Sheriff OF Summers coun.
ty, or. kessler, and his deputy, William
Gait, at the depot, with un order from
Judge Campbell, Of the Circuit Court OF
Summers county. fol, the prisoners.
At first the Deputy Marshal refused
10 surrender the prisoners, but having
six other ''moonshiners" in his custody
who he was afraid would escape II any
trouble occurred, lie surrendered them
to the Sheriff.
Ine Sheriff then served a rule on the
Deputy Marshal which he answered
md was discharged. Wiley made re-
port to the District Attorney, returned
the process, and stated the facts OF the
rescue of the prisoners from his custody.
The District Attorney then moved in
the United States Court for rule and
attachment against tke Sheriff aud his
deputies, to show cause why they
should not be punished for contempt OF
the United States Court in the rescue OF
the prison, rs from the Marshal.
Marshal White went with the rule to
Hinton. He called on Judge Camnhell
who informed White thai he wonld
soou be arresteIl and that he con]d mt
arrest Tho Sheriff of tho State court
White told the Judge that he had war.
rant from the United States Court and
would take his prisoners 10 Charleston.
While the Judge was absent fran his
room. it being almost train time. the
United S,atea Marshal started with his
prisoners TO the depot. As the train was
about to null ont the clerk of the Snm-
mers Circuit Conrt and several Denutv
ShcfilIs arrived and attempted to arrest
tho Marsha, and rcscue lis nrisonera
White ANNOUNCED hjgLdetermination to
resist arrest and take his prisoners to
Charleston. and called on several par.
ties TO nssist him. The train had by
Ills time filled with people and ths
scene was one Of the widest excitement,
The conductor pulled tho cord and the
train pulled out, bearing the Summers
county officials several miles from home,
They we're then let of. The train and
tLe Marshal arrived here this morning
With his nrisoners. the Sheriff and Den.
uty Sheriff. =,
Tho matter was brought up in the
limited States Court here this morning