The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-01-26
~ IMpoRpANq CASE

needed by Juase Sun M y,
wsn virginia Lumbermsn-eAfS' s's'"
Acquitted II. ,.,.,,,-.....
Si p' o w. W. Van Jan. 26.-R
n national interest was decided in
. H'o United States court hero to-day,
I ,l,5,s, Jackson and GotF presiding. 1t
'uas ,No case OF tho United States vs.,
% VIZ ., tbo lumber and millmeu in the
AZ I',,I. Kanawha Valley, and involved
Li tl,ons Of dollars. The main points
Mll. .."o we're whether the rafting and
AZ i Ism of logs, lumber or ties down
nl.'" ,r1,rrs Of the river or the dump
tpo saw dust and other refuse from
w into the river where ohstFnctions
mus aayin,tion or not. Every mill and
s !" nboe man and firm in tho valley was
iuuSiCted ior committing alleged otenses
l,T ,Sis Kind and held to answer. THIS
u 'n Judge Nathan Golf delivered
ol,borate written opinion in the case
aaalJinC that every charge In the IN
g I;",ment six counts in all, must be
GTivvmissed that US to all Of the counts
mare was lacking the precision neces-
soTy fora criminal charge; that q per,
' 'or charged with crime in Q United
s,",os court must be distinctly informed
oi4' ali tho particulars constituting
,ho oTense in order that he
, nSy know what he has to meet,
anI TINT in case OF either acquittal or
aao oH he may avail himself oil such
,Ssplt il again charged with the same
oiIspse; 40 also the court must be able
w v see upon inspection OF the indict-
mont whether from the matter set forth
,bo sperItic facts charged constitute q
crime The main contention OF the de-
,onJants was that they had a right to
".c the Little Kanawha river for tho
purpose of floating logs, and that inc
boating Of logs Is commerce and wlthln
,SS nrolection Of the law, and that the
"Iscnp Of logs in the river to be ttoated
II market was neither tho obstruction
N nayiration denounced by the act, nor
wos tho throwing OF waste in the way OF
ravipo,ion, in other words, that logging
gnayigation and CommerceitseIt. Upon
Mis- distinct issue raised by the lumber
mcn tbe decision was wholly in their
Svor the court holding that whatever
rcht Congress might nave to forbid tho
coating Of logs in naylgable streams,
that vast interest had not yet been
nlaced under the ban, and that congress
bad enacted no legislation to that ex-
tont, Judge jackson concurred in the
opinion and the indictments were all
Among the defendants were the Par
kersburg Mill Company, representing
over a million dollars, Burns Brothers,
nearly million, Little Kanawha Lum-
her Company, nearly q million, George
Ii. Ieatherbeo, several hundred thou:
sand, s, L. Gould, W. NJ. Croft and
others.
Iho Jury Of tho United States COURT in
the celebrated Shaw case came IN at
$3.50 this evening with verdict OF not
guilty. Previous to the reading Of the
verdict Mrs. Shaw was sent for 10 hear
it The jury was out twenty hours.
Mrs Otis Shaw, member Of ono OF the
most respectable families in the city,
was indicted at the last term OF the
United States court for the alleged
sending Of letters to different parties
through the mails. derogatory to the
character Of Miss Hilda Fischer, a young
lady Of unbemished reputation and fine
accomplishments. The case has been
on for week or more, and has attracted
more and wider attention than any
court case Tor years. Mrs, Shaw and
her able counsel, Hon. j. A. Hutchin-
son, are the recipients Of many con-
gratulations tonight.
A movement started in this CITY pro-
misses to become one OF national impor-
lance Friends and admirers OF Judge
Nathan Golf who has been on the I'm
tied States court bench hero this term
are pushing him for the. place on the
supreme bench now vacant, and pro-
pose to use their influence with the
President to that end. Judge Col
would adorn the supreme bench and all
loyal West Virginians hope to SEQ him
there.