Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-12-10
T. = G. DILDoN & CO.

day? The other side has been very en-
ergetic, and gotten a witness here whom
we tried in vain TO get. They said he
was sick before, and Pm willing TO ac-
cept that. But they seem to have known
something more than this side, and that
is that this case was to come up to-day.
All we knew was that Your Honor was
TO be here and set the docket. All we
ask now is convenient day, either
the 18th, or an earlier day, so
we have time to get our witnesses here.
We want no delay. The delay so far
is an unfortunate one. but no one is to
blame. II the case goes over we can do
it all in one day, but we can't close IL
to-day If it goes on now. My friend is
In error In another thing-that this case
has precedence over the docket on the
other side. IL is not so. This case is
no higherin dignity than any other case
of the same kind. This matter is not
set. 1t Is simply a case on the docket,
and is like any other case where there
is a motion for a new trial. Saturday
of this week will suit me, il it can be ar
ranged, and think it can be settled
then.
Mr.. Sommerville-I can't see why it
can's 90 on.
Capt. Dovener--I'll tell you why. II
Lester Bates in this city said something
different from what he states in his affi-
davit, we ought to be enabled to show
it, and give the time and the place.
Mr. Sommeryille-If he said 1t, coun-
sci know it, and know the time and
place-if it's true.
Captain Dovener-No, don't know it,
and l say that in good faith.
Mr.. SOmmerville-I know OF no rea-
son why this matter can't go on now.
We don't want TO wait until Saturday,
nor do we want TO wait until the nth.
We think the case is as ripe now as il
will ever be.
Mr.. HOward-There is no desire on
the part OF the State TO delay the case.
We are asked why we can't proceed
nov, and l think our reply should be
satisfactory.
Mr.. Howard went on and reviewed
the situation as to the witness Lester
Bates, and then said that the State
couldn't 60 on and cross examine him,
even, without the presence Of Joseph
Robinson. THAT alone ought To be a
sufficient reason for the delay. But
there is a claim here to go on, and they
say they have a right to 90 on. We
have never known a time when we
could have had these witnesses here;
never until an hour ago, when was in
formed by a page, did know when this
was TO come uD. l saw a letter from
Your Honor, perhaps a week ago, stat
ing that you would be down to call the
docket. l then recollected that the
docket-civil as we'll as criminal-had
been called 10 the other Part, and when
the case Of the State v. George l. Gar
riSon was reached there was no motion,
and it was not set. l therefore pre-
sumed that when we did begin, it would
be where we left or, and to-day / sup
posed the case would be called and re-
set. We are here for that purpose, and
I hope for an early day.
The Court here said he was not dis
posed 10 press the matter, in the face
of the objections of counsel for the State.
He had supposed that a day would
merely be fixed upon at this time.
After some private consultation, and
the amicsble arrangement OF certain
cases set before Judge PAIL for to-mor-
row, il was agreed that the case would
come up up for resumption of the
hearing on the motion for new trial
Friday morning at $50, and the de-
PENDANT was remanded to Jail,