Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1895-07-04

ers. yesterday morning. regarding the
very proper exercise Of Executive elem
ency towards George Mayors and VIII
liam Harrison. the two Wheeling men
convicted at the present term Of the
Marshall County Circuit Court Of as
sault. and sentenced by the Court TO
pay fines Of $3.50 and costs each. and "a
be confined in the Jail Of Marshall coun-
ty for the period or sixty days, in addi-
ton to the payment Of such fine and
costs. The Intelligencer article, in adj
dition to a half concealed regret that
the Governor Of the State had concerned
himself with looking into the facts in
the case. affected to doubt the autheu-
ITCHY OF the news from Charleston, but
still gave the report i'm a this is
simply outrageous" spirit and then pro
ceeded to show that the Governor did
not know what De was about by de-
claring that "tne conviction was not
only legal, but reasonable from all
points of view" some folks have the
temer.ty 10 differ with the Intelligencec
and the small clique of Republican p0l-
ticians who. from FIRST to last IN this
matter have attempted 90 twist justice
and the statutes 90 some private and
partisan ends It was patent 10 all un-
prejudiced people from the opening of
the ease ar NOuulsville that the de-
d. #a Il n n
cause they had transgres sed statute
Of the State, but because they were
Democrats. and working from this
standpoint @ strong array of the best
legal talent I'm this county went down
70 assist the Marshall county Prosecut-
inc Attorney. and a fight was made
such as is not often seen outside Of a
few exceptional murder trials. The
evidence adduccd by the State was
painfully weak. not w2rrandng, in the
or-uion of many even the verdict OF
mplc assault returned. yet the penalty
.t forth above was indicted and the
.rong posse OF Republican politicians
ue back. unhappy, it rs true that
r1rv hed'failcd I'm their expectation or
serding the defendants 10 Jhe peniten-
ti-ry. but stin chuckling 40 the degree
OF revenge obtained.
The result was so astounding 20
everybody outside on the small circle
OF politicians who were heading the ct-
fort To- put striped suits on TWO men TO
crafty private animosltIcs and 20 SUBJ
serve partisan ends. that arrangements
were at once set on loot to bring the
facts 90 the attention Of the Chief EX-
ecutiye of the State for impartial re-
view. To this end counsel for the de-
Tense laid before the Governor the
s+anOgraDhic report of the evidence
taken at the trial. which was carefully
read and fully diEos-ed, the result be-
ing the opinion that 40 the most sims
pie ease Of assault was all that had been
made out. \
There IVES also laid before the Gov
ern0r q non-partisou petition signed by
two hundred citizens and which had
only been circulated for two days,
PRAYING that q pardon for both the de-
PENDANTS might issue; and as @ further
indication Of the situation. the Gov
ern0r was also given evidence of the
fact that the case against Mayors was
so veal that the Prosecuting Attorney
of Marshall county, even when chal-
lesged 20 do SO. refused to- say 70 the
jury that there should be conviction.
Upon mature consideration Of all
these facts the Governor. while be-
lieving. as a matter OF course. that about
the usual punishment for @ misdemean-
or should follow upon the verdict Of
guilty of assault. was convinced that
the fines of $3.50 and costs. amounting
in an Co about 500. and sixty days im-
prisOnment in addition, was excessive,
and his pardon accordingly issued. re-
hitting the fines and costs. and reduc-
ing the Imprisonment 20 twenty days.
So much for some Of tho facts actuat-
Ing Gov. MacCorkle and existing In this
case. The public viii judge as % the
truth of the Intelligencer s statement
that 'yhe trial was fair and the con-
victi0n legal" and reasonable from
all points of view.
The fact Is. thar the course Of the IN
teligenCer In this little matter. from
first 20 last, has been inspired by the
clique Of p2rtisaus who were shouting
peniteudary or u0Jhing. it was this
influence which colored it's story OF yes
terday morning. and which led it TO
feed it's ancient grudge against Prose
cutting Attorney John A. Howard by re-
calling that. There is pending I'm the
Criminal Court of this county an in
diCtment against Mayors for q parucu-
lariy brutal assault, committed several
years ago. Nr. Howard has not Tor
some reason. brought this 10 trial, but
ne went 90 MOUujSville and defended
Naaers. and after ne was convicted
pushed the matter UNTIL If The story
received last NIGHT is true, he secured
the release of both men.
This is a fair illustration of the In
tel'igenCer's dirty work. of It's con-
sp.cUous Injustice On reputable men who
incur it's displeasure. and eff It's chronic
indisp0sition 10 ten the truth when
falseh0Od win serve its purpose better.
The facts are. that there has never
been term of the Ohio County Cr-m-
inal Court since George Mayors was
indicted i'm this county, thar 1lr. How
erd has not asked % have the case set
for trial This was the ease at The
opening " .hc N0y term. and near the
end or that term SIR Howard again
called the attention of Che Court On the
ola eases. and particularly 10 the Ma
gers case. when Cant Dovener. who
was one Of the counsel for The state 90
tho NOunjsyiue trial. said the ease
could not Do ser as there was q ease
pending against Mayors % NouDdsville
Nr. Howard remarked 10 the Court
that the Ohio county ease against N2-
gers might De set either lc-ec or
earlier. 50 rs not TO conflict. but on Capt
Doveners objection the ease was not
set. AZ the present term Of the Crim-