The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-08-28

criminal courts many times every yshr.
Specification ms; IN April is9S william
and IrFin WiBten were agEe5tod Tor dhinf6lpoe
each, which were illegal Gnd excessive.
Tho facts regarding this matter, are
these, said the colonel: The parties
wefe charged with disturbance 10 Elm
Grove and wore taken before the mayor,
and aiIerWard TO Justice Arkle, who
took bonds for their appearance. The
men concluded 70 confess and not stand
trial, but when they came before the
Justice and found there were no wit
lesses on hand 70 testify against them,
they changed their minds and concluded
10 stand trial. When tho trial did
occur the fines vere assessed 10 Accord
ance with tho law, there being nothing
corrupt or unlawful, except caused by
the misappreheusion regarding tho new
state law covering such cases which had
lust been enacted. When tho justice
discovered that he had no right to I'M.
pose tha fines the money had been turn
Cd over to the sheriff OF the county.
Specification !. That one Leonari zogg was
ILLEGALLY, and without chllse atTettgd on view
By John Anderson. lakeu Lef0Es 4Tkl5 siid aSsd
n, which Was aiieEHrds increased 10 81, and ho
vas eosanIttsd o jliI, bali 6SiaS illegally re-
fused.
In reply to this specification. Colonel
Arnett asserted that the man had been
arrested, taken before Arkle, fnod 81,
which had never been iucreased-("Yes
1t was" interposed tile justice). The
colonel then conferred with his clieHt,
aud said that tho ilne had boon increased
because tho man had resisted the officer
Of tho law, and placed at s.. Farther,
ho said no bond was offered in this case,
at the time alleged. Bond was offered
two or three days aiterward, and on an
appeal tho man was released. The
Justice, said the colonel. certaInly in.
clined on the side OF mercy in allowing
tho appeal.
Specification & That Samuel RodGcker was
illegally arrested, tried aud lned In April, lsyI.
As to this charge Colonel Arnett re-
piled that tho man confessed and was
ilned. He was arrested on warrant in
the regular way.
Specification Q. That william Birch was sent
TO Jail in iefamit Of m Hlega! hme. but attet'
WHrtls discharged BY order OF tho clrctlt court
after which others were arrested illegally Oh the
same Ghargo aud ( Q. Johnson wa Illegally
committed TO jail.
As to specification nine the do.
iendaBt's attorney. said these parties
were arrested in Elm Grove and Colonel
Arnett had appeared as their attorney.
Ho had asked the justice to allow the
matter to stand over until Monday. He
did commit one party who refused 10
give bail. An application in this case
was made to Judge Campbell, OF tho
circuit court, for an appeal bond.
which was allowed and the man
was released. The others werO
committed tho following Tuesday.
0lIieers Of the Law, said the colonel, are
not responsible for mistakes Of judy
ment; they are only answernblo where
they net corruptly. Continuing on this
line ho spoke OF decisions rendered by
Judges Boyd and Jacob, OF the Ohio
county circuit court, which were direct.
~ opposite. Justice Ankle, he said,
has boon blamed for not following
Judge CampbelI's ruling. The fact is,
he said, that the justice is bound only
10 follow tho ruling OF tho state supreme
court aud tho convictions OF conscience
and tho evidence. lie further said
that Judge Campbell had promised to
post Justice Arkle on tho law OF ruling
in question.
Specialization 10. That In tho trial OF Birch.
Johnson and others Jointly charged with tho
same crime. fees aud costs Wero illegally taxed,
as II the cases werc separate and distinct.
As to this specification Colonel Arnott
beloved that it is truc that the justice
did as IL alleged. and said that 1t 10 inv.
full and right. II tley were tried sepa.
rately they should bU taxed separately.
Specification II. This specification relates that
Wnrmnt said 10 have been signed by one ii.
Schllliug, for tue arrest OF Nellie While ana in'
mates Oi her house Ill fame, was not III reality
signed by that person.
This specification Is positively denied.
He did not believe that ScIilling will
deny it in toto. lie never did deny 1t,
aud ho had never heard OF him doing
anything else. Tho warrant was signed.
or rather it was marked with an ~"
Concluding tho colonel said that be did
not wish to consune moro time, but
wanted to have tho case started without
prejudice, and after hearing the owl
dunce tho commissioners would decide
on the merits OF the case.
Captain Dovener then arose to pre-
sent tho side OF the prosecution. Refer.
ring TO tho Johnson-Birch warrant, he
said several persons were arrestei OH
one warrant and that illegal fees were
charged by the justice. Hc quoted tho
following from tho schedule of fees:
"For every warrant or commitment, so
cents." On this warrant tive persons
were arrested, and the legal iee OF tho
Justice was so cents, but in this case
Arkle charged 90 cents for each person.
II Colonel Arnett could produce the
law Tor such scaling he would with
draw tho charge. Ono dollar. he snid.
waa tho exteut Of what tho juatice was
entitled to in this case. The evidence
shows that after tho denial OF tho up.
peal in this case II was taken before tho
circnit court, tho former ruling decided
illegal and Birch was dismissed, tho
Judge at tho same tino prohibiting the
collection Of the costs aud tino. As 10
tho promise oil Judge Campbell to tell
Justice Arkle his reasons. the facts are
that Arklo was told that Birahs trial
aud conviction were illegal, and no then
placsd Johnson in jail with the full
knowledge that 1t WIS wrong.
The captain next touched on the Kit
ty Lee cases, and asserted that there
had boon no trial OF those caseS. AL
wero charged in one warrant with lDl-
tering in house ot ill-famc. There
was no Justices trial, and tho InsttOr
went 70 tie curcuit court He showed
that the JUSTICES fees were S. so in each
case, constable's foes 81 40 and wit.
nosses' foes 81 50 each. Who wore the
Witnesses? Lauchin and Anieraon.
EIis side would sl.ow that Mr.. Howard
had ordered no raid; that Justice Ar