The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-08-29

"tney eoQld uot put uP tHS HASHVy -
Ono case tho witness remembered
where there was no trial, yet 1t was
shown Anderson vas credited with q
witness lee. In the case Of "Jtm@8eae5,
no thought there was no trial
"Isn't It . fact that when you was
the complainant you got the'eonstab!e's
fees, and Lanchlin, Love and Becker
got the witness fees. and so ONT"
''Thats the way Of IL" answered the
Witness
In the case against Fred Artz, witness
could remember no trial but the witness
fees were taxed inst the same. In this
case the record was introduced by Cap
tain Doyener. Witness did not think
Artz was In Jail, and upon prompting.
he thought Stella Chester "put up" for
him at the jail.
The Ella Miller case was next taken
up. Witness was asked II in this case
SO was not put up and the case sent to
court, aud In reply said he thought
there was q trial. =.
"Very few Of the women were in Jail
more than an hour" said the witness
"Yet you think you acted as witness
against Them in that hour" was Captain
Doyenefs response.
AT thi, point Captain Doyener offered
to introduce the cases in bunch, but
the attorneys on the other side objected
and they were introduced one by one,
the witness not being able to say posi-
lively whether or not there were trials
before Justice Ankle.
"TeIl this board OF commissioners OF
a single case Of an inmate who came up
to Squire Ankles and demanded trial,"
said Captain Dovener.
"There were so many II Is hard TO re-
member them all," was the reply.
Witness thought Jessie Benson was
held. A man whose name is given as
"Wilson" was connected In the same
case, but he was fined and let 60.
This was introduced with the rec
ord, but Colonel White objected,
claiming it had not been brought into
the charges against the squire; he could
see nothing to complain Of. He object
ed to things like this OF which tho do.
iendant has had no notice that he would
be tried. III man is being tried for
murder did you ever hear Of another
murder being brought in that sametnal?
It is the same in this case, aud we want
q ruling"
Mr.. Conitf quoted from "Wharton" on
criminal practice 10 show that the pros.
ecution has the right to introduce tho
evidence in question.
Colonel Arnett said there Is no doubt
OF Wharton being standard authority,
but he denied that the authority was
correctly given. He asserted that no
officer Of the law can be convicted for
mistakes lie makes in tho construction
OF the law. He claimed 1t not admissi-
bic to go outside OF the specifications.
He did not deny that there f. certain
latitude where the question Is one oil
fraud, but TO otler one alleged crime for
the proof OF another Is in this case not
admissible. II the court holds it may
90 over Justice Ankles record and bring
up other cases it will be herculean
task, and wholly unfair to the justice.
If this be done there ia not one act in
Justice Ankles judicial career that can.
not be introduced, and why should
there be any specifications?
Mr.. ConifF waited himself under.
stood. He dtd no, introduce these acts
to prove him guilty Of them but to show
system Of corruption. "lf We prove
corruption here we prove Squire Arkle
a corrupt man."
Captain Dovener closed the wrangle
for the prosecution. The money paid
was for security, not for a fine, and
when the girl appeared in the circuit
court that deposit OF so with Squire
Ankle was released.
Colonel White closed for tho defense.
He did not deny when system oil
fraud is alleged. outside testimony can
be introduced. It must be proved that
the record is fraud, and that cannot
be proved by the record itself. AT tho
close Of the talking, attorneys told 9th.
ers they didn't know what they were
talking about" aud matters got dra-
matte, 10 the ediication OF the spectators.
A vote was taken and resulted in the
objection being defeated, 0 to l, Voel-
linger voting in the affirmative.
Captain Doyener asked the attorneys
for tho other side II he couldn't intro
duce all tho papers in tho case at once.
Colonel White consented, il everything
was to he introduced. These papers
were warrants In cases in July and Aug
ust, 1893.
After his long rest the witness. Con-
stable Anderson, was given over TO the
defense and cross.examined by Colonel
Arnett, who asked him about tho Post
niger warrant. Anderson had not asked
for the present" aud had told Pestinger
to suit himself about o After this he
opened drawer and handed ont 81.
and OF thistle justice knew nothinguntil
tho present proceedings wore COM
menccd, when thesquire asked him about
it. AT this point Colonel Arnott asked
Captain Doyener il he wanted tho evil
dence OF Pestinger and Anderson on
this matter taken out. This was con-
sented 10 By the prosecution. Witness
was asked about tho famous warrants OF
July 7and s. The arrests were made
Saturday night and Sunday morning.
Thirteen Of these warrants were sworn
ont By Mr.. Howard against "landladiea"
OF the houses OF i'll fame. AS to tho
need Of warrants for the arrest
OF inmates tho witness thought
he needed none. AS to this point OF
law by the constable the prosecution
objected. Tho inmates were taken to
tho jail, where the warrants were sworn
out.
At this point Captain Dovener asked
permission TO ask the witness qucs.
ton. 1t was whether he remembered
arresting Elizabeth Hayden. At first
no did not remember. but when she was
produced he remembered she was ar.
rested by Becker. He was handed the
docket, but did not know whether it
showed this case. The captain then