Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-09-26
A PECULIAR SITUATION.
Parkersburg Attorneys DO Not Seem to
Want 20 Defend ChsddOck, the MUIR
dRrEr

Want TO Defend Chaddock, the Muir
dersr
Spsaa. IsllOrGm 70 the Rsossts--
PARKERsBURG, w. VA, September
25.-The court house was packed with
spectators this morning early, as 1t was
expected that the trial OF Elmer Chad
deck, the murderer Of VIM. Pollen,
would begin.
When the case was called, Judge Nc
Cluer. one OF ChaddoCk's counsel, with
drew frcm the case. His grounds for
withdrawal were too much business TO
enable him to give the trial the atten-
tion due the prisoner; and also on ac-
count of a probability that be would be
called out of town.
When Judge McCluer sat down Mr..
| G. II. Caldwell. also of counsel for the
defense, arose and asked leave to with
draw, giving as his reason physical dis
ability, and a statement that he would
probably be ordered TO visit some health
resort, on account Of illuesS.
Judge Jackson was very much sur
prised and said that he thought it
rather late for an attorney to withdraw
from a case 10 which the charge was
the highest ofTense know TO the law.
He said it was clearly the duty Of
counsel to notify the Court in order to
give the Court or prisoner time to Sc
cure other counsel. The counsel had
filed their plea; the case had been set
for trial, and now the Court was met
with this unexpected action on the part
OF the counsel for the defense. "Hou,
Mr.. Caldwell, told me you would 90 TO
Chicago day or two ago, but l told
you then IL was clearly your duty to
stay at home TO defend this case"
The Court then asked If the State
was ready, aud received the reply that
il was.
Judge Jackson then assigned Judge
Geo Loomis and Mr.. II. B. Camden to
defend ChaddOck.
Judge LOOMS declined also, on &C
count OF outdoor engagements which
would demand his attention too closely
toSglve due attention to the case.
Mr.. Camden feared that as he had
been out of the law business for quite
awhile he would be rather rusty, but
consented il assisted by an older mem
Der OF the bar.
ChGddock was then sworn. Said that
the declination Of his counsel was q
surprise 10 him.
The Court then assigned Ex-Governor
j. B. jackson to the case, but the Gov
eruor also begged 10 decline, as he
had Withdrawn entirely from criminal
practice; chad refused many cases in
which the emoluments would have been
large, and that he had anticipated an
early retirement altogether from prac-
tice at the bar, owing TO his advancing
years
Judge Jackson then said that the
court was placed in very unpleasant
position by the action OF the attorneys
In declining to act as counsel, but that
he proposed 10 get attorneys TO defend
the prisoner, even if he should have TO
use extraordinary means 10 do so.
He then sent ChaddOCk back 10 jail.
When the peculiar situation In the
Chaddock case became known about
town curiosity was generally felt to
know what course the court would take
when the case came up again in the
afternoon, and when the court
opened the crowd was SO great
that many failed to get stand
Ing room. After ChaddOCk was
brought In, Judge Jackson said that he
did not desire to exercise the power
lodged with the court, out that the sit
uation compelled him to do so. He
therefore assigned Judge LOomis and
Attorneys Meats and White to defend
the prisoner, Attorney Harry b. Cam
den having also withdrawn. The
gentlemen selected, courteOuSly ac-
ceeded to the order Of the court and i'm
mediately retired to consult with the
| prisoner. The prisoners father and
| brother were also taken into cOnSulta-
| tion. After the return OF the attorney.
| the list OF witnesses, long one, was
| read, and ii was found that a number
were absent, several OF them being in
| Chicago. The defense, however, much
10 the astoniShment Of the court aud
spectators, announced themselves ready.
The list Of Jurors was called and hf-
teen were selected before the panel was
/ exhausted. when others were drawn
and officers sent over the
| county TO secure their at
tendance tomorrow morning at
| Q o'clock. The attorneys for the prose-
cution are w. Z. McDougal, Prosecu-
ting Attorney, w. McCanu, Assistant,
and Attorney George W. Neale, the lat
ter having been employed by the rail-
road men, friends OF the murdered man,
/ TO prosecute the case. There will prob
ably be forty or fifty witnesses in the
case and the trial will last several days.
More interest is taken 10 this trial than
In any case before the Criminal Court in