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

y
county amounted 70 nearly 500. As to
the money being tnrned over 70 the
sheriff, be said II lie hsd been properly
informed Il had not been 90 turned over
nnIll complaint vas made.
Referring 70 the Pestinger liquor case
hs produced the receipt received from
the squire, for SO S. Pestinger thought
that this ended the affair But Pest
niger wSs indicted and that was what
brought out this tronble.
He next took up the Emblem case.
Il would be shown by the testimony
that on tho evening Of July 10. 1893,
John A. Howard swoFe out thirteeH
separate and distinct warrants against
W. T. Emblem. Emblem heard Of these
warrants and with ]. II. Emblem walked
to Squire Ankles Office, where the war
rant6 were found and bond was given.
Justice Arkts charged tho sum Of 81 ~
on each OF the cases and eighty cents
for the constables. In all SU7 were paid
on those cases. The captain concluded
his address nj this point aud Kitty Leo
was put upon the stand.
Questioned by Captain Dovenor Miss
Lee said she paid tho money on July
10, 1898. As to the girl. Pearl Brook,
she was taken to iaii and released on
bond the next day. The bonds were
released, she said, by paying $50, no
part Of which she has received back.
Captain Dovenor uskod il she aud the
girls had been fined, hut both OF the at.
torneys on the other side objected.
The captaiu then produced the list Of
the costs taxed in these cases. and said
that it was but fair to say that the
Schllling warrant cannot be found.
Again questioned the witness said that
there had been no trial on any Of the
cases.
AT this juncture there was n squabble
between tile attorneys VII o technical!
point, il being as to whether the speciii.
catioas Of the charges referring to ceE-
tain dates in regard TO Pearl Brook.
The defense persisted in its objection
and the board passed upon it-none
voted to sustain the objection aud all
against 1t
Tho examination OF Kitty Lee by
Captain Dovener was then proceeded
with. She said that shO was arrested
by Love, upon being shown the war
rant On being further questioned, the
captain showed that tho Justices fees
amounted on the Kitty Lee cases to
So 70, constable's TO s. 50, jallor's TO
81 80, and witness feos 81 so each, max
ing n total Of Si3 Further, Kitty Ire
testified that she later paid in circuit
court S57 fino. but that the $50 paid 10
Squire Ankle had not been returned to
her.
On cross examination to Colonel
White the witness said that tho girls
wero taken 10 jail first and that she fol.
lowed later In carriage, bringing a
bondsman with her. She said tho con-
stable gave her permission to come up
III the carriage. When sho arrived at
tho Jail she had callod Squire Arklo
down to the carriage and the bond had
been made out there. This bond was
for her appearance on Monday. She
later appeared in Ankles otlice-did
not remember tho day-to have her
hearing, but there was 10 hearing, and
size loft and went home. She did not
relnem her when sho paid tho $50; it
was in July or August, and later on he
had sent tho receipt TO Mr.. Post, Us lie
wanted IL; it was for the $3.50. In her
trial in court she had beon represented
by MIR. Post and had paid tine Of S57
10 the sheriff. Further on sue said that
she had never asked the squire for the
return OF tho $50, and never expected
to get it back.
To Captain Dovener tho witness said
that tho girls had no attorney. that the
money was paid 10 the squire two or
three days after tho arrest. and that
they nlllett tho city two or three weeks
aftarward, before the session Of the
grand Jury, aud that mono OF them werO
hero when the grand jury convened.
At this point messenger was sent
to Mr.. Post for the receipt OF the
money paid Arkle by the Leo woman.
Again questioned by Captain Dovcncr
Kitty Lee saii sho Ind never received
any witnpss fees. which had been
charged up by tho squire.
The second witEOss wns William r.
Winters, tho Elm Grove man, who was
arrested fora "piain drunk" lilo retat-
cd that he had hcCn arrested in Elm
Grove by Constable Anderson and
brought 10 tho Wheeling lookup" AS
to tho exact location oil that institution
lie could not remember. lilo did not
know that he was ever tried, and knew
nothing Of u warrant for his arrest.
Tho captain asked the witncss rs to a
warrant, bnt tho dcicucc objected, md
said that Justice Arkle was not rospon.
siblu for AndersOn's dOings. Captain
Dovencs replied that he expected to
show that ther0 was no warrant. The
question was finally withdrawn. Con:
tinuing the witness said that he asked
for no continuance and that he paid
the squire Sl7 10, that no confessed at
the trial and that thero were two wit.
ncasos. The case was postponed several
times md finally was disposed OF on
February O. On the cross examination
Colonel White wanted to know what he
did with tho receipt he got from tho
squire aud it developed that no handed it
over to W. T. Chambers, OF Elm Grove.
Tho colonel tried to ASCERTAIN whetlIar
Mr.. Chambers asked for the receipt, but
this question the witness could not an-
swor.
Irwin Winters, who with his brother
was arrested. was tho next witness. nnd
sait TINT no liI;owise paid n Hme Of SIT 10
aad like his brother, too. Thought it IL
"littlo steup." His story boro n similar
ity to that OF his brother Shortly DO.
furo @ o'clock while tho witness was
being questioned by Colonel White, Mi.
McGregor, at tho board. moved All sd
iournInont to this morning at III O'Clock