Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-03-12

appearing ID Tue
Charleston Gazette OF the Sth, the
Mayor Of Montgomery has written
and sent the Gazette the following
statement, a copy OF which was given
che REGISTER correspondent for puoil-
cation.
MAYORS OFFICE,
MONTGOMERY, March s, 1894.
To the Daily Gazette, Charleston, ". Va.
7 have lust been handed your paper OF
this date. and had ny attention called 10
vour editorial and the 1.-TWO communlca-
lions following it. AS to the one from
Patrick McNulty, 1 do not know him, nor
can I find any one here who does, nor does
any one By that name live IN TINS Town,
and very much regret that such com
munication should purport TO come from
this or any other place.
I know nothing of the Crescent commu-
nicaton or its author, further than see IN
YOUR paper. 1t has been very painful 10
me and our people that your paper snoulu
have published the many false statements
10 has concerning the recent troubles III
this section and q source of regret thal no
one representing your paper, or any otner
paper except the Wheeling REGISTER, mas
az anv time called on the town authorities
for information. In your editorial you
say: "While we do not admit that tne
Mayor or citizens of Montgomery were
unsuitable in Obstructing the snerl1
mo- the performance Of task as
signed TO him by the highest
power iu the State, yet whatever
could be srid in eXtenuatlOn should %
heard, &c" In reply to that 1 simply say
neither do I, nor do know any citizens OF
Montgomery who claim any justification
for Obstructing the sheriff OF TINS county
in the performance Of his legal duJyi OuO
on the contrary all deem 10 our duty 10 as
sist him in the performance Of all sucn.
And il is not true that / as Mayorln any
wav Distracted or undertook to o0strucJ
the sheriff in the performance
Of his duty, but on the contrary nave
at all times been ready TO tender, ana uld
actually tender him the police power OF
the town, TO aid him in his legal processes
and regret very much that you should nave
pUblished statements without being tuly
advised. or at least having called or the
Mayor TO know something from him OF so
serious a charge. AS TO the highest power
in the State, I know no higher power IMAM
the constitution and laws OF the STATE anu
of the United States, aud recognized none
other as such, and among wnlcn Is as uu-
derstOOd the law, THAT the military
shall be subordinate 10 the civil power.
See Art g Sec. IL. Constitution w. Va.
Now I aDprehend your statement grew
ont of the excited rumOrs and false state
nents as 10 what occurred in our town last
SATURDAY. night and Sunday morning,
when a body OF armed soldiers invaded
the town, the facts as 70 which, 1 Oelng
present, will relate TO you.
It's but proper that add that during
tho dav Of last Saturday much excitement
and indignation was expressed In the town
bv reason of il being said that body OF
soldiers would come here to guard the per-
son OF William Wyant, who lives about
three miles east of here. and who frequent
lv has occasion to come in 20 town and be-
ing well known here, but on this occasion,
he being called here as q witness $50 SAID
In a state and not the Corporation Court
/ assured all that Mr. Wyaut should have
safe aud sure protection, and that myself
and Col 3. w. Moore, our town attorney,
should accompany him on either SIDE ana
not mOrtify him with any police guard as
he came simply as a witness, and we were
both at the depot so to co, and endeavored
10 so communicate with Eagle, but could
establish no communication with Eagle.
Then il was learned that the train on
which he was expected was simply pas.
senger car TO remove q body for coroner's
INQUEST. Yet all day Saturday more or
less excitement existed here on account OF
flo being said the soldiers were to be @ uar-
tered here.
As you are no doubt aware, there is but
one coal mine in the corporate limits, put
twelve within the radius OF TWO miles OF
the town, and many from the outside mines
do business here and come and 90 tre-
Cuently. Saturday night great excite
ment was created in town, some saying
mob was coming here, others that soldiers
were coming 70 search every BODY
houses" I at once took such additional
steps as I deemed right 10 perform that
part of my duty as set out In Sec. 81,
Chap A., Code OF West Virginia, as tol-
lows. "He, the mayor, shall have control
of toe police of the city, town or village,
and may appoint special officers whenever
he deems il necessary; aud it shall be his
duty especially 10 see that the peace and
GOOD order of the city, town or village are
preserved, and that persons and property
therein are protected, aud to this end he
may cause the arrest and detention OF all
riotous and dsOrderiv persons 10 the city,
town or village before issuing his war
rants therefor After having arranged
nv rolice matters I took the town SER
geant TO meet the armed body of men said
10 be coming.
1t was then about midnight Of Sunday
morning when a body Of armed men came
within the corporation limits. ! hailed
and halted them ana demanded 20 know
their business, and then for the first time
ascertained 10 20 be military command as
a posse 10 Sheriff Human, consisting of,
as have since been Informed, twenty.
soldiers. bearing arms, said TO be under
the command OF one Capt. Lyons Know
ing Sheriff Human, L asked him bis
business aud why be came at this hour OF
the night with a squad or soldiers, 10
which he replied "ho was acting under
SPECIAL orders from the Governor / at
once rendered him the police power Of the
town 10 execute any warrants be had in
the town and told him / would arrest any
one be wanted in the town or execute any
process he had, and requested him 10 take
his soldiers out of town and give me his
warrants, or if he preferred 10 go with
me and the police 20 make any
arrests he wanted. and requested him
not 10 come in town with any
soldiers. as there was much excitement
here about the soldiers and assured him
I could execute all his orders with the
town police He then told me that he did
not want 20 arrest any one in town; that
he had warrants for persons on Morris
creek. I then told him l would 90 with
him through the town, l having the town
sergeant with me, and being shortly after
Joined by one OF my policemen, whom had
sent for the town attorney, Col. b. w.
Moore, by reason Of the excitement and in
order 20 be advised as 20 my duty in the
premises. Col. Moore Joined Us in the cen
tral part Of the town and as be came ur
hurriedly calling for me aRd Sheriff Hin
man and making himself known, the sol
diers cried out halt ant put their guas IN a
threatening attitude, as though 70 shoot
when I called 10 him 20 stop. You crazy
fools I know him. il is our town attorne Y