The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-03-17

his guilt and said hat his pal was at
the depot The police went there with
him. lie identified Dunniyont, who
was in the waiting room, but who had
no scar on his chin. Dunniyant was ar
rested, Allen being already under arr
rest. On proof before the magistrate
that Allen was ut the place OF the bur
glary; that the stolen goods were found
hidden where anybody could find them,
close to the house, and on Aliens I'D
mission OF the burglary, duplicating
D%unnivant also, both were bound over
to the grand jury.
Following the arrest OF Dunnivant
and Allen, an indictment was found
against both, and Il lawyer offered his
services to DunuiYant, assuring tbs lat
ter that he had been retained by 4
member OF the Potter family and paid
for his services. because the lawyers
client knew the boy was innocent,
This lawyer, so far from defending the
hoy, did all ha could to help convict
him, and consented to an arrangement
by which Allen, one Of the alleged bur-
glars, should plead guilty, and then go
On the stand as a witness against Dun
niyant.
sEET TO nj P"ESIrENTIARY.
None oil the witnesses as to character
whose names Dunniyant gave to his
lawyer were subpGnaed. Nobody APP
peared for the boy. His lawyer urged
him to plead guilty, assuring him Of a
light sentence ii he would do it. lie
refused. He was convicted and sem
fenced to four years in the penltentlary
in January, 1887.
A term or two after he had been SEN
fenced and sent out OF the way Allen
was allowed to chgnge his plea to that
of guilty, not Of burglary but OF petty
larceny, and for that was sent to the
bridewell for a short term instead OF to
the penitentiary. The boy D%unniyant
served his term OF four years, less the
ten months credited to him by law for
good behavior. During this time no
was put at work hard enough to ruin
the health OF an able.bodied man
accustomed to outdoor work.
But he lived. While tue boy was in
p~eniteutiary knowledge OF the con-
spiracy through which he was uniustly
convicted and sentenced came TO tho
ears OF q Chicago paper and o. W, Pot.
ter paid $4,000 to its editor, j. j. West,
to suppress the story and surrender the
manuscript and proofs,
After the hoy was discharged from
the penitentiary in April, 1890, his
mother induced Stephen Moore to bring
suit against 0. W. Potter and others Tor
conspiracy to arrest and uniustly con-
Wet the boy Dunnivant, laying the
damages at 100000,
Last Friday the case was reached on
the preliminary call before Judge
Windes and Mr.. Potter's lawyers were
on hand trying to dismiss the case, but
Mr.. Moore's representative announced
that the case would be tried. 1t is now
awaiting the regular call for trial,
After Mr.. Potter's council were mott.
fed that the case was 70 be tried they
seemed to have dropped out OF it, for
Friday afternoon Judge Moran notified
the counsel for the plaintiff that he had
been employed. The answer to that
will be that the SUIT for damages will BIO
raised from 100000 to 100000.
THEY HAD a WARRANT.
The police say that the allegation
that Dunnivant was arrested on the
charge of stealing a watch and revolver
from Mrs. Burch is untrue. They say
that March l Mrs. Burch complained Of
T--as-- Il