Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-10-20
THAT BIG ROBBERY.
a Peculiar Case in Preston-Mqrderous
Anray-Fatal Accidents.

Thieves stole Sc, 100 from the store Of
Hon. John 7. Siler, at Berkeley Springs.
last Saturday morning before daylight.
Six thousand dollars was in the form Of
registered government bonds and 500
in cash. The loss was not discovered
until the store was opened Saturday
morning, when the safe was found In a
partially wrecked condition from an ex-
plosion. The cash drawer was also
opened forcibly. Some Of the smaller
articles In the store, such as knives, &C,
were taken. There is no clue to the
burglar, but il is evident the lob was
done by professional, and yet IL must
have been some one acquainted with
Mr.. Siler's habits of business. Ed. ST.
Ter, who sleeps in room over the store.
went to Berkeley county on Friday morn
ing, and the fact Of his absence
must have been known to the burglars
On Monday a man by the name Of
Hogan came TO town and stated that he
had found box between there and Sir
Johns Run, and had left ii at Mr..
Perry'S. He was put under arrest and
given hearing in the afternoon. lie is
now in Jail awaiting evidence from
Cumberland to prove that he was there
on the night Of the robbery, which he
says he can do. The box contained some
receipts and papers belonging to Mr.
Siler, but the bonds had been removed.
A very peculiar case was recently
brought up for decision before Judge
lIaganS, in Preston county. The de-
fendant was Thomas Dunn, who had
been convicted of involuntary man
slaughter, and sentenced by Judge
IIoke to pay fine of 500 and be- con-
fined in Jail for six months. 4 few
months after his imprisonment. the
prisoner was stricken with infammatory
rheumatism, and on the certificate Of
the Jail physician that he could not live
long, and on the petition Of his counsel,
Dunn was permitted TO go TO his fathers
home at Rowlesburg, where he was to
be regarded as in the custody OF the
sheriff. and TO report every week as to
his condition. And, as he alleged, his so
remaining at his fathers house was TO be
regarded as a part OF his term Of i'm
prisOnment. After remaining away
about five weeks he was sufficiently re-
stored TO return to jail On the first
day Of October he demanded his release.
claiming that his six months term had
expired. The Sheriff refused to release
him because he had voluntarily gone
out of Jail at his own instance and re-
quest, and therefore should be confined
for the period of time he had been so
absent. On the hearing he was repre-
sented by his counsel, Crogan, and Neil
J. Fortney, Esq, Prosecuting Attorney,
for the State. The Judge held that after
a judgment the Sheriff could neither
change, enlarge or diminish the judg-
ment of the Court that I'm case in
which humanity demanded, the only
method known TO the law for the relief
of person undergoing Imprisonment in
the county Jail, was by the exercise of
the pardoning power in the Governor;
that the law as administered by the
courts had no compassion on guilt: that
the prisoner could not agree with the
law, nor the Sheriff so change the sem
tence of the court as TO modify or miti
gate his punishment. For which rea-
sons and others given by the Judge, the
prisoner was discharged from the Gus
tody Of the Sheriff. The case was
novel one, and excited considerable in
tereSt among the members Of the Nor
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