Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-08-07
THE'GARRISON CASE
CONTINUED from Fourth Page.]

81 do not care to enter into an ex-
tended discussion of this case, because
don't think that l can add anything
to what Captain Dovener has said, on
the point of the right of Judge PAUL
to hear this matter, but l do want
to say something upon the point
of expediency. That may not
be misunderstood, let me say that it
seems to me that the statute as read
shows very grave danger. Here is
Judge OF one Part Of the Ohio county
Circuit Court in the absence Of another
Judge, taking up case which has been
already partly heard. There is no
doubt where Judge OF one Circuit
acts for the Judge of another circuit,
bat when 1t comes to Judge OF one
Part acting for the Judge
of another Part, there Is
grave danger and l think 1T ought
not be done unless there is very grave
reason for it. Now, is it expedient to
take it up? Will anything be gained by
it? To begin with, you can not consld-
er it until the report OF the evidence IS
written ont. 1t will take until the time
designated when Judge Campbell Will
likely be here to get that report WIN
you, then, gain anything by 1t? VIII
you not gain more by waiting? linen
there can be no doubt about 1t. You
can't get the evidence before then, and
you can't begin to consider the matter
until you get it, Then, when the regu-
lar session comes around, II Judge
Campbell can't preside, call in another
Judge, and he can take it up, aud Judge
PAUL can go on with his other business.
Another thing. You would steer
clear Of any doubt as TO the right OF
Judge PAUL. One thing more. There
are three terms of Court here a year.
1t is not intended that the Judges shall
devote the intervals between those terms
to Ohio county business, but that they
shall look after cases in other counties.
You are asked to go into a case at this
time which will certainly deprive every
other prisoner in jail OF a trial at the
next term OF this Court, provided Judge
Campbell does not come down. Are we
to do that? Are we to stop all business?
Are we TO leave the jail full OF criml-
mails, and have your Honor throw up
your hands and lay everything aside to
take up this matter? l say to your
honor that we feel perfectly safe that
the motion shall be heard by another.
We have no fear as to that. But | have
been asked what harm could befall the
State. This. The motion, if heard by
Judge Campbell, will be heard by the
Judge who heard the UOir dire examina-
ton of the jurors who have been at
tackled. If heard by your honor, you will
have nothing but the cold print-the
words Of the witnesses. You will have
none of the other signs OF the truth or
falsity Of witness, which can be read
in the countenance, acts or expressions
OF a living person."
Mr.. standardization about another
Judge?
Mr.. Howard-We will suffer by that,
but there is no reason apparent for
either the one or the other.
Col. Arnett then closed the talk for
the defense. He said, i'll part
"When this matter first came up, sug-
gested by myself, your honor stated to
me that you would decide on the merits
of the question, but would only consider
III, DTONlueQ luc ObdlC WdS HOOlhCO w
appear here and listen to the discussion.
That notification we attempted to give.
and it was given by Mr. SOmmer-
Vile, and so we are all here
to-day. l am not objecting that
other and different matters have been
brought in. But, first of all, it seems
to be necessary TO investigate the ques-
tion of whether or not you have that
power and authority, for If it be want
ing, it is idle TO go into the question OF
whether it is expedient or inexpedient.
| have believed that the right and pow
er was conferred on your honor to con-
slider the matters here involved, and it
is certainly proper for me to say | have
no precedent, and know Of no adjudica-
tion by the Court of last resort. If
there had been such, your honor
would not have said it was neces-
sary to go into it, for such a
decision would have been your author
ity, and it would have been sufficient.
There is no precedent, as understand,
and hence we can only settle the matter
by an examination OF the statute"
Col. ArHett then made an ingenious
and forceful argument of the right of
the Court TO take up the case, speaking
with great earnestnesS, and at the close
of his argument Judge PAUL took the
case under adviSement.