The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-06-07
COURT OPENS EARLY.
The Mayor has a Special Session at
Six in the Morning.
THE SEVEN GAMBLERS ARE FINED
As q Means of Getting them out of
tho Lockup-A Peculiar State of
Affairs all Round, but IL is PlausI.
bly, Explained that what Seemed
like Rank Discrimination was only
Seeming,

An extra session OF the police court
waa held at 8 o'clock yesterday morn
ing, u thing unprecedented in the
history OF the cIty-apd thereby hangs
tale,
The INTGLLIdEEcER yesterday chron'
icled the fact that on Monday night
Harry McNamee aud three other men
were arrested in a poker room over
Mrs, Klieves'a saloon, on Water street.
and they deposited cash to cover their
tlnes and were released. Later Joe
Webb and two others were arrested at
his place, They We're locked up, and
the chief OF police refused to take bail
or cash security,
They had been in the lookup several
hours, when several friends concluded
to try to secure their release. They
called ut police headquarters aud offer
ed to deposit any sum tho chief might
demand. His only response was, "A
thousand dollars will not get them outW
Then the friends put their heads to-
getl,or to see if they could not secure
for Webb and his companions tho same
privilege that had been extended to Nc
Nance and his party, and which is custo.
marily extended to all prisoners arrest
cd for violations OF the city ordinances,
An examination OF the ordinances show
cd that there was no provision made
for taking bail or Other security for
prisoners. The chief OF police is sup
posed to DO responsible for their safe
keeping. II he secs fit to accept cash or
the verbal voucher OF a friend, he does
so, If he secs tit to decline to do 80,
there is no provision OF tho ordinances
that can compel him to. 1t is believed
that the common law would compel
him 10 treat all uniformly, but it would
require an appeal to higher court for
a writ OF habeas corpus to set this law
in motion, and that would require 40
much time that there would DO no gain
to the prisoners.
Webb's friends concluded finally to
appeal to tho mayor The mayor was
aroused from his slumbers at an early
hour and went to tho city building with
the gentlemen.
Chief McNichol had gone to his home
on the Island, but he was called up by
telephone, and the mayor talked to
him, asking him to reconsider his dc.
termination and accept the usual seCur-
ity, proGered by Webb's friends. The
chief refused, and proposition by
Mayor Caldwell that he would DO per-
sonally responsible for the appearance
OF the prisoners met with the Same fate.
Then Lieutenant Gaus asked Captain
McNichol if under all tho circumstances
he could not rescind his order, but the
chief was obdurate.
"lhen," said the mayor, "bring those
men before mo right now, and | will
dispose Of their cases and lot them &C"
Lieutenant Gaus explained that the
processes were not yet made out, and
after considerable more talk, Clerk Fee,
Chief McNichol and all the policemen
who were present when the arrests
were made, were sent for. Then Mayor
Caldwell went home to breakfast.
Meantime Lookup Keeper John Nc
Namara had lighted up the court room
brilliantly, and aome Of the people
around the building decorated the win.
dows with flags and bunting.
The clock up in the tower was Just
striking six when tho extraordinary
session OF court opened. McNamee
and the other three men arrested at
Mrs. Klieves's were fined $40 and costs
each. Usually under the old regime
the tax was $50 for tho keeper aud SIS
for each player, but Mayor Caldwell
has reformed tariff. Afterwards,
however he reduced all these fines to
$40. Mono OF these "prisoners" up.
peared, having been released.
Webb and his two friends were led to
tho bar of the court and fined $50 and
costs each. Then tho fine was reduced
to $40 each, but 40 Webb said he wanted
to appeal the case, the fine was again re-
stored to $40. Later Webb decided
that he did not care to appeal, and
when on the bench at 0 O'clock the
mayor againcut tho penalty down to $40.
Chris Cline was brought in, but made
tho same old plea, and was released.
Two or three houra late: he was drunk
again.
Monday night when tho first pull
was made and tho men released, an
1NTELLIdENCER reporter was told that
tho release was CONTRARY 70 orders"
No explanation vas made. Yesterday
morning the chief explained that when
he recently issued an order that all
gambling placod must DO closed, he also
ordered that II any remained in opera
ton, all persons found in tllom should
BIO arrested and locked up, no security
being taken. He said no meant his
order 10 have effect, and he thought
this tho best way to enforce 1t. Mon
day night he again ordered that nc
security should DO taken, but the pris
onors locked up. Lieutenant Guus
however, in tho absence Of the chief, OK.
orcised what he thought was wise dis
crution, and accepted from McNameC
and his party cash security, ON tho rep
resentRtion Of an officer that they were
not playing poker. OF this action
Captain McNichol expressed his dlgap.
proval, and decided that tho second
party must stay In.
Lieut.. Gaus made affidavit yesterday
morning before tho mayor to tho truth
OF this explanation.
So far as mon arrested In gambling
rooms nro concerned, they cannot com
plain with good grace attor tho chic
gave them fair warning to shut up. The
law long ago gavo them warning tina
they wore BubjeCt to prosecution, aud
tho chief might pull all OF thom cvcr!
night II no wished, and that without
serving notice.
Attic 0 o'clocl; session OF the Cour
William Atllerdinger was dismissed OF
paying tho costs, William Falstick wa
fined 81 and costs, and D. II. Wrench