Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-08-28


Justice was exercising his lawful right.
The last specification alleged that
Nellie White was arrested upon VIII az
purported to be warrant sworn out by
Hiram Schilling, whereas Schilling
never signed the warrant or knew or It's
existence, and did not know the person
charged in the warrant. This Col.
Arnett denied, stating that he thought
Mr.. SchiIling would also deny IL.
CAPT. DovENER's REPLY.
Capt. IDovener replied to Col. Arnett
Taking up the tenth specification, be
stated that the five nen were charged
in one 4arrant, bnt one warrant was
issued, md the statute fixes the Just
ices fei lat fifty cents. Yet he assessed
costs inst each defendant. When a
Judge the Circuit Court decided that
the Jus be had no Jurisdiction in the
case, AIN he had sent Birch to jail,
SQUIRE srkle willfully aHd illegally
fined the other persons charged with the
same offetse, in the same warrant.
Taking tp the Kitty Loe case, Capt.
Dovener SAID it would be shown that
the Justic9 was entitled to but fifty
cents for issuing warrant against eight
persons, YET no had assessed each per-
son for that amount as his fee. He also
promised tds show that on the night OF
the general raid on disorderly houses,
constables we're sent out from the jail,
and came buck with persons whom they
arrested, ndt filing in or signing the
warrants uatil after the arrests were
made. The names OF John Anderson,
VIM. Love, Wm. Lauehlin and Richard
Boecher, all constables, appeared on
the warrants as witnesses. "a
witness can't make SO or
SIS day in this State"
said the captain. "He is allowed but
81. SO for each days attendance" He
would show also that Kitty Lee gave
Squire Ankle $3.50 to release nine per-
sons charged with lettering in her
house; that he had no right to take that
money; that the persons were indicted
and six of them left the State; that
Kitty Lee paid the fines of the other
two, and that not one cent Of the $3.50
HAS BEEN RETURNED
TO her. The fees in these eight cases
were fixed at $40, when the Justice was
entitled to but one dollar. He would
show that Squire Ankles fees that night
reached nearly $500. and the ConstabIes'
fees nearly 500 each.
This finished the opening statements
OF counsel. Jennie Lee was the first
witness examined. In answer to ques-
tions by Capt. Dovener, witness stated
that she and several inmates of the
house at 1916 Main street, were arrest
ed on July 10th, and placed in Jail.
Bond was furnished that night,
and next day the Lee woman
put up $40 for each. She
gave the Justice $3.50 for all, which sum
has never been paid back. There was
no hearing of the cases before the JUS
tice. Capt. Dovener offered the war
rants and taxation OF costs in the case OF
Pearl Brooks in evidence. Col. White
objected, arguing that there was moth
imp In the charges about Pearl Brooks.
Capt Dovener replied that Pearl
Brooks was included in specifications
one and three. Col. White argued that
the charges specified the Sth OF August,
and Pearl Brooks was arrested on the
10th. The objection was overruled by
the Board, and an exception taken.
Resuming the examination, witness
testified that she had been tried, and
and no witnesses were examined. Prose-
cetion introduced papers showing taxa
ton Of costs Including witness fee. cost
aggregating $3.50. Witness stated
that she gave bond, and later put up
money for her appearance. Afterward
she paid fine amounting with costs TO
S57, and no portion Of that $3.50 was re-
turned to her.
On cross.examination by Col. White
witness stated that her bondsman came
to the house while the constable was
there, and accompanied her in a carri-
age to the jail Justice Ankle came out
to the hack TO take the recogniZance.
She
WENT TO THE JUSTICES OFFICE,
paid $3.50, and took his receipt for 1t.
Only two OF the eight persons arrested
in her house were present to answer
charges against them in the Criminal
Court, aud she paid the fines of the two.
Redirect examination-I paid the
$3.50 within two or three days, and two
or three weeks later the girls left the
city. She gave the Justices receipt TO
Mr.. NJ. ID. Post.
VIM. r. Winters was the next wit
ness. He was arrested by Constable
Anderson at Elm Grove and taken 30
the lookup. He had no trial. He knew
OF no warrant, but thought he was ar
rested because he was "a little full"
Col. White asked TO have this testimony
ruled out, on the ground that it did not
affect Justice Ankle. Mr. Kindleberger,
of the board, states that he could not vote
intelligently until he knew what the
prosecution expected to prove. After
wrangle between counsel, the testimony
was Withdrawn. The docket Of Justice
Ankle was entered in evidence. Wit
nees stated that he never asked con-
tinuance of the case. He had paid
Sl7.1O for fine and costs, the fine
amounting to IS. To Colonel White
witness stated that he went 10 Squire
Ankles office next morning, and Har-
Yey Winters went on his bond. He
wanted to go home, but could
not remember who asked for the
continuance. When the case was
finally tried, he confessed judgment,
and paid the fne and costs. he got an
itemized statement, which he gave TO
Wm. Chambers.
Redirect was ready for trial each
day upon which the case was set. The
second postponement was on account Of
the absence OF John Anderson.
Irwin Winters Was called. His testi-
mory corroborated that Of his mother.
The Board then adjourned until ten
o'clock this morning.
REAL ESTATE COMMITTEE