Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-09-09
A FUNNY SNAP.
A PRISONER ARYAIGNgD BEFORE THE GRIM
NAL COURT FOR GRAND LARCENY,
Insists Upon Going to the Psnitsntiary, and Rspu,
diaiss the Efforts Of His Counsel to have
His Plea Of Guilty Set Asida

There was rather an unusual and pc
culiar episode in the Criminal Court
yesterday morning. which afforded a
theme for a good deal of laughter and
comment about the building during the
remainder Of the day.
The case was that of State v. Albert
Girley, who was indicted by the grand
Jury for grand larceny, the allegation
being that he had stolen a mule. After
the Indictment was returned. and be-
fore the case was called for trial, the
defendant. recognizing that he was in a
bad box, as he himself expressed II,
took counsel with W. or three friends,
aud finally asked advice from Sheriff
Franzheim, asking that official, "Wnat
would you do If you were in my placer"
The Sheriff told him it was no:
a case where ne cared to give advice,
but added that II the defendant had
any material evidence, 1t was his duty
to himself to see that 1t was
presented to the Court In a proper man
per. The prisoner said he had nc coun-
sci, and knew that If be would have an
attorney be would advise him to stand
a trial. which he knew would avail moth
ing, and that If convicted the Court
would probably impose a longer SEN
tence that If hehad made a clear breast
OF the matter, and he finally concluded
to plead guilty. When the case vas
called in Court, several days ago, Girley
told Judge Jordan that ne didn't want
TO put the State to the expense OF a
trial, and that he would plead guilty.
The Court asked him IL he had counsel,
or if he or his friends had the means OF
employing an attorney, and was an
swered in the negative. The Court
then asked the prisoner II he under
stood the effect Of a plea Of guilty, add
ing hat the offense was grand larceny,
and that the penalty was from two 10
ten years in the penitentlary. The
prisoner said he understood the situa-
ton perfectly, but the Court, out of a
desire TO see that the prisoner
had the benefit Of legal ad-
wise, appointed Dennis O'Keeffe
as counsel for the prisoner, and sent
him back to Jail. TIE next day, the
prisoner was again brought out, but
Mr.. O'Keeffe was not present, and could
not be found by the page. The prisoner
still insisted upon pleading guilty, and
was accordingly sentenced to be con-
fined in the penltentiary for two years,
the lowest penalty allowed under the
statute. Girley said he was anxious to
go to the penitentiary at once, and
asked that he be sent off Immediately,
and the papers were accordingly made
out.
Yesterday Mr.. O'Keeffe came into
Court, asked that the prisoner be
brought out, and counsel made an argu-
ment In the direction OF having the plea
OF guilty set aside and a trial had. AS
soon as the prisoner caught the drift Of
what was going on he jumped up and
made a protest, saying that he was en-
tirely satisfied with the arrangement as
it stood, and that he didn't want to re-
tract his plea under any consideration.
This sort Of left the attorney standing
in the air. The argument was stopped
in a summary name and the defend
ant was remanded to jail. He will be
sent TO Moundsville in a day or two to
enter upon his sentence in the pen.