Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-06-07
fines Of webb, Mallory and Curly would

mon IL. Just what he was leading up
TO was not clear, but the Mayor seemed
not TO be interested and the police were
getting sleepy so he was silenced.
Chief McNlchol asked the Mayor 70
wait minute before adjourning court,
and sent up for Lieutenant daus. Gaus
was sworn and was requested by the
Chief to tell the Mayor what his In
structions had been with regard to gam
blers when arrested
The Lieutenant said the Chief had
given him positive instructions 10 lock
them all up till time for Police court
and accept no secuaity.
In reply to the Mayors question as to
why McNamara and his party had been
released, he said that Officer watson
felt sure no poker game was In progress,
that the chips had not been cashed as
they bad5een at Webb's place, and that
It waSnot d clear case.
This did not change the Mayors de-
termination, and the orders for fines
stood as last promulgated; Mcnamara
and his party $50 and costs each and
Webb and his party, $40 and costs
each.
Webb was still determined to make a
bad thing worse, and insisted on an ap-
peal. The Mayor accommodated MIN
by raising his fine to $50 again, SO the
appeal could be taken.
BY this time 1t was near seven O'CLOCK.
and all went home. except webb and
his two sporty friends, who fingered TO
make arrangements fer removing the
legal and financial disabilities which
deprived them of their freedom.
When court met at nine o'clock, the
Mayor again reduced the fines to $40
each, at which point they still were at
last accounts.
AS may be imagined, all this created
a great amount OF talk about town, and
some very emphatic expressions OF
opinions were to be heard.
A REGISTER reporter saw Chief Nc
Nichol during the day, and he said;
THE whole thing narrows down to
whether the law-breakers are to run the
town, or whether the police are to have
a voice in the matter. Last week sent
notice to gamblers that the gaming
rooms must be closed. | told the Mayor
L,
trouble with two or three men, indlcat-
ing who they were. He seemed TO
be in line with me. l ascertained that
some places were running, and warrants
were issued for the places, and left In
structons that the prisoners were to be
locked up. That order was disobeyed
in the first instance, while l was away
from the City Hall, but it was carried
out In the second place. am not COM
PEELED to accept bail. The matter is en-
tirely discretionary with me, and In
cases Of women who dlsobey orders and
violate the city laws. they are brought
to headquarters aud placed in cells,
and there has yet to be case where
anybody got up in the middle
of the night TO hold special
session OF Court for their
benefit. Others-and some OF them
people pretty we'll nown-have been
treated the same day, and there has
been no rush 10 afford relief to them.
When the gamblers violated the orders
TO close up, they were also ordered to be
locked up. That this was not carried
out in both raids, is due TO an error OF
judgment on the part OF an officer dur
ing my absence. There have been inti-
nations that Partially was shown.
None was intended, for it was general
and sweeping order to lock up all gam
blers caught and keep them locked up.
The Mayor was so anxious to get these
particular people out that he actually
wanted TO go on their bond himself, but
| refused to entertain the proposition. "
Mayor Caldwell was also seen, and he
said:
"All want to see is fair play. II
there is gambling going on and the
men are brought before me and the
charge proven, will fine them. There
will be no difficulty about that. The
trouble is that some are let go, and
others held, and when l knew Of IL, |
held Court, and I'll do it every time.
Gambling is going on all the time"
ITO an officer present You know
where there is gambling right now.
Why don't you go and arrest them and
bring them up before me?"
The Officer-"I don't know anything
OF the sort. If l did, Ia get war
rant"
The Mayor-"I don't want to have
any trouble with the Chief, but think
1 did right. II the Chief did give orders
to have all the men locked up, and the
order was violated, he is responsible for
the acts of his men, yet he takes money
from some men, and refuses 1t In other
cases. l am told other prisoners have
been kept In the lookup all night, but
4 l. - N hi inn ~
about it"
Several attorneys were seen about the
fines inflicted by the Mayor at six
o'clock in cases in which the defendants
had been notified TO appear at nine
o'clock, and there was an unanimity OF
opinion that the action was Illegal, and
would not stand an appeal. A like
opinion was expressed as to the Mayors
ordering summary term,of Court at
an unusual hour. One attorney said
that the State law did not permit any
such procedure. and that even Judge
OF the Circuit Court could not hold a
term without due notice having been
given. Under such system a Mayor
might hold Court at any hour OF the
night, and dismiss with nominal
punishment, or no punishment at all,
friends or others who were under ar
rest for serious offenses.
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