Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-08-28
.THE ARKLE CASE.
THE HEARING OF EVIDENCE IN THE CHARGES
AGAINST The JUSTICE
Began Before the Board Of Couuty Commissioners
Legal Squabbles Delay PrOcssdings-
Will Last Several Days.

III Glos
The Board of County Commissioners
met in special session at 10 o'clock yes
terday morning to hear the evidence
for and against Justice George Ankle,
who is charged by citizens Of Elm
Grove and the Ohio Valley Trades As
sembly with corruption in the dis
charge of the duties OF his Office. 1t
will be remembered that the prosecu-
ton fled tn echarges against Squire Ar
kle, coz tanning eleven specifications, at a
previous meeting OF the board, and
after arguments by opposing counsel
the prosecution was granted permission
to amend the tications.
Mr.. Ankle was present yesterday
morning with his counsel, Col. w. w.
Arnett and Col. Robert White. Capt.
b. b. DoVener ana j. j. Coniff, Esq,
appeared for the prosecution. When
Clerk MOffat finished reading the min
utes of the previous meeting, Col. Ar
nett raised the objection that the
charges were not the same as were filed
originally. Mr.. Conif replied that
attorneys for the defense consented to
the amendment OF the charges. Then
Col. Arnett objected TO proceeding
in the absence OF Prosecuting At
torney John A. Howard, who was
one of the most important
witnesses. II was learned that
Mr. Howard had returned TO the city
in the morning. President Dobbins or
dered the attorneys TO proceed with the
case, inasmuch as Mr.. Towards pres
ence would not be required until the
evidence for the prosecution was heard.
LARGE NUMBER OF WITNESSES.
Twenty-Five witnesses for the prose-
cution and eight for the defense, thirty
three in all, had been summoned, and
most of them were present But three
witnesses were examined yesterday, and
the progress Of the hearing promises to
be very slow. 1t will require several
days, possibly week, TO conclude the
hearing Of evidence. When the wit
nesses were called, the defense again
objected to proceeding in the absence
of Mr. Howard, but the objection was
Withdrawn with the understanding that
the Prosecuting Attorney will be here
to-day.
Mr.. Coniff then filed more specific
charges against Justice Ankle, with ref
erence TO the arrest of Mr.. w. L. Em-
blen on thirteen charges OF renting
houses for purposes Of prostitution,
alleging that the charges were dropped
upon payment by Mr.. Emblem OF S67.2O.
After swearing the witnesses the Board
adjourned for dinner.
At the afternoon session Justice Ankle
entered a general plea OF not guilty
and the opening statements Of counsel
were made.
STATEMENTS BY COUNSEL.
Captain Dovener read the amended
specifications, commenting briefly upon
each. Col. Arnett made answer for
Mr.. Ankle, denying the truth Of each
and every specification. lie admitted
that Squire Ankle may have made mis-
takes, which was quite natural 10 the
case OF the law relating to houses OF Ill
fame, inaSmuch as several constructions
had been placed upon it. He then took
up the Specifications in regular order
and outlined the defense.
He read the first specification rela-
ting to Kitty Lee, and stated that the
defense would prove that the money
collected from Kitty Lee was paid by
the Justice 20 the Sheriff in October,
1898. The money received from Aug
ust Pestinger, of Elm Grove, was al
legged by Col. Arnett TO have been the
amount OF costs to which the Justice
was entitled. He denied that there was
any agreement TO drop the prosecution.
The third specification relates 10 the
wholesale raids on houses Of ill-fame, al
leging that the Justice made Illegal char
ges for fees. The answer Of the defense
was that the fees were charged in &C
cordance with a schedule of ices ar
ranged by the Board OF Commissioners.
The warrants were sworn out by the
Prosecuting Attorney, whose purpose
was to break up the system OF prostitu'
tion in vogue.
The fourth specification, charging
that Constable Anderson notified Au
gust Pestinger that be was charged
with selling liquor on SUNDAY and that
he agreed not 10 prosecute If Pestinger
paid 50, was fatty denied by the de-
Tense. Col. Arnett stated that
ARKLE WAS IN CHICAGO
during the entire month of June, and
could not have directed Anderson in
such a course.
The fifth specification, charging that
Ankle sent one Leonard 10 jail in de-
fault OF payment Of S. and costs. and
released him upon the
payment Of S., was ad mitted, so far as
the facts were concerned. 1t was de-
MED that the action Of the Justice was
corrupt, however, Col. Arnett stating in
support OF this position, that Leonard's
mother agreed TO pay the entire fine and
costs, aud that the right TO collect the
money still exists.
In answer TO specification six, that
illegal and excessive costs were paid and
corruptly accepted from William and
Irwin Winters, Col. Arnett stated that
the parties named sent word TO the JUS
tice that they would plead guilty, aud
finding no witness against them at the
time set for the hearing, they changed
their minds, and demanded trial, the
Justice very properly refusing to pro.
coed with the hearing.
The charge that Leonard Zogg was
fined 81 and costs, which was afterwards
increased to So, and that the Justice
refused to accept bail, was denied. The
fine had not been increased. The differ
euce was accounted fer by the addi-
tional fine for resisting an officer. No
bond was offered at the time, and when
offered two or three days later, Zogg
was released from custody.
On the next specification Col. Arnett
stated that the warrant for Samuel Ro-