Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-07-10

once left Sheriff McPh aul, OF North
Carolina, free TO take away his prison
er, Judge Jordan consented TO delay the
order until four o'clock. The defense
at once presented petition for writ
to Judge PAUL, and the matter
came up before him shortly before two
o'clock. General Alfred Caldwell sp-
ueared for the State OF West Virginia
at the request of Governor MacCorkle,
Mr.. Coniff for the State OF North Caro-
Cranmer for the defense.
In presenting the petition, the counsel
for defense held that the case came
before Judge PAUL as an original mat
ter, Notwithstanding there has been an
enquiry In the Criminal Court, and
dwelt upon the question OF whether or
not the defense could offer evidence con-
tradicting the allegations contained
in the requisition, and also raised
the point that the Criminal
Court had no jurisdiction. Col. White
| laid particular stress upon the propriety
| OF giving the defendant the benefit OF
every doubt in the case, and urged the
novelty of the case as well as its great
Importance in strong terms.
The Court stated that it did not see
how it could take action or even cog
| nizance OF a matter which Judge Jor-
! dan had not vet disposed of, but said
| 1t was willing to hear counsel upon the
question OF appellate Jurisdiction. Cen
eral Caldwell objected to this,
] In advance of the entry of Judge
] Jordan's Judgment, but at the same
time said he was perfectly willing to
have that judgment entered at once,
but giving fair warning that as soon as
il was entered the North Caro-
lima officer would have the prisoner.
wnereupon the defense pointed out
that unless something could be
done for their benefit, the Sheriff OF
| North Carolina would be at liberty to
remove TIE prisoner from this State
just as soon as Judge Jordan's order was
entered. Judge PAUL did not see how
he could help the defense out OF the
dilemma, but said, as he left the bench.
that he would be in his Office until after
four o'clock, and defense could call
upon him again IL they saw proper.
At four o'clock Judge Jordan's Court
reassem bled, and the Clerk presented
the order to the Judge. He read it, aud
then handed II to counsel for the de-
Tense. After counsel read the order,
they objected TO it being entered, on
! the ground that it did not set forth the
facts as the defense understood them.
The Court said the order was in strict
conformity with what had occurred.
When the answer to the Sheriff's re.
turn was rendered on Saturday, no ex-
ception was taken, but the Court had
told them that a motion to dismiss
would be in order, and upon such mo-
ton he would hear argument. No ex-
ception was taken until Monday, after
the decision OF the Court The Court
added that the defense might make any
order they thought proper, so long as
the facts were adhered to. Col.
White accordingly prepared a new
order, which was read TO the Court
and argued, the State standing on the
| original order. The Court finally said
the defense could put anything in the
order the Court had said or done, and
the Court would sign IT, and this leo 10
long controversy between counsel and
the Court, as to what had occurred Sat
urday with reference to the rendering
or non-tender of the answer to the re-
turn OF the Sheriff. General Caldwell
held that no reference 10 the paper was
necessary in the order. cave and except
a note OF the exceptions of defense, and
the Court coinciding in this, the order
as originally prepared was ordered en-
tered, with the addition of lew words
at the bottom noting the exception oy
defense to the opinion and action OF the
Court, and at APO the prisoner was
| formally remanded to the custody OF
Sheriff Franzheim. The formal docu-
ment was at once signed and delivered
to Sheriff McPhaul, but just as the
Court was adjOurning, Col. White
moved 8 stay OF three days to enable an
application for a writ OF error and
hdbeds corpus. The Court promptly
overrued it, saying IL had clearly no
authority in the matter, the question
having been looked into. A new order
setting forth this application and re-
iusal was at cnce drawn by Col. White,
and was entered, the Court sayingit
was trying to follow the precepts OF
the Supreme Court, and holding that
the matter was at an end so far as this
Court was concerned.
At 4:32 Court adjourned and Sheriff
McPhaul took charge OF Mr.. Ankle and
the defendant, his family and friends
and counsel went down to the private
Office OF the Sheriff. large crowd fol-
lowing, and blocking up the corridor.
Sheriff McPhaul intended to take the
5:35 train for Pittsburg. While all the
parties were in the Sherff's Office,
Judge Cranmer made up record Of the
case and presented II TO Judge PAUL,
on an application for writ OF error.
At five minutes OF five the Circuit
Court met and COL White presented the
matter to the Court, and was proceed
ing TO say the question was whether the
Court could go behind the reQuisition.
The Court interrupted TO say he did not
understand the record made any such
pressntiment. This was argued by Col.
White, who then went on and presented
his case, arguing that the Governor
act was not an estoppal, and could be
enQured into
AT Sill, while Col. White was still
speaking. Sheriff Franzheim, Sheriff
McPhaul, and Mr.. and Mrs. Arkle en-
tered q hack aRd were driven to the Il.
q o. depot to catch the 5:35 train. A
large crowd followed the hack and as