The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1896-09-01

800 80 49,
day afternoon and last night In the JUS
tice court OF Squire Fitzpatrick, in
which Officer Edward Michacls, of the
city police force. was the defendant
n another as u result IA tried In
Squire Ankles court. In which Mlchacls
was the prosecuting witness. Both
cases hinged Oh the same Incident.
The case In Squire Fltzpatrlck's court
was h result OF u warrant sworn out
for the arrest of Officer Mllchaels by
Mrs. Mary Ratcl!ff. also known as Mary
Cots, q daughter OF James Cots, OF
North Wheeling. The warrant alleged
that Michacls committed assault and
battery In taking the woman to police
headquarters. where she ~Tas released
by Chief Of Police Bennett without u
charge being placed against her.
Tho cause OF the woman's arrest vas
her transaction in n diamond ring own
ed by Mr.. Orion Zane. While Mr.. Zane
and Mrs. RatclifT. or Miss Colts. were
walking along what is known rs the
board walk" south Of the creek, hear
the City hospital. one evening Inst week,
Mr.. Zane allowed her TO wear his valua-
Bile diamond ring. which he testified yes
terday was worth nearly 5000. While
they were going over the board walk.
the girl claimed that she had dropped
the ring. Zane doubted the truth OF the
girls claim that she had lost the rirC,
but tried to find 1t. without success. The
next day he had two men gn over the
ground thoroughly, but they, 100, were
unable TO find the diamond. Mr.. Zane
then notified the police and. on Chief
BENEFITS suggestion, notified all the
jewelers. north OF the creek, CLING an
accurate description OF the ring.
Friday. August q. Mrs. RntcliT was in
Dillon, Wheat & Hancher's place OF busl-
ness and was wearing the ring. Mr..
Hnncher at ono notified Mr.. Zane. who
arrived on the scene US soon as possible.
Just after the girl had left the store. He
followed her up Market street, however.
and seeing officer Michaels requested
him 10 assist In recovering his ring. The
officer entered Schenk's meat establish
ment and told the girl. who was there.
that he wanted the ring. The girl pro-
tested that she did not have the ring and
raised her hand as though 10 push the
officer away. Michaels' hand closed on
n Of her hands md he felt the ring
under her glove. Mr.. Zane was then
called In, or rather TO the sidewalk out
side the store. md after q short parley
she handed the ring over TO It's owner.
According to Officer Michael's testi-
mony, Mrs. Colts then Bumped IN him"
and used profane and abusive language.
For this the officer arrested and conduct
cd her TO police headquarters, finding It
necessary to use some force both on
Market and Chaplinc streets. Near
Bookings drug store, In the Odd Fell
lows building, the girl. according to the
officers. story. fetnted n faint and drop
,,nZ1 e.. ,Ln -rnt-I l,,t q, rNrn -.-.nlt,, a. .
ly and consented to proceed without
Bennett, after examining the prisoner,
decided TO allow her TO so. the ring hnv-
ing been recovered.
The next step was the warrant for
Michacls arrest, sworn out before
Squire Fitzpatrick. The trial occupied
the afternoon from 2 o'clock until $50
o'clock. and was resumed at I o'clock.
when more witnesses were examined
and arguments made by counsel. Mr..
C. p. Flick on behalf OF the officer and
Mr.. Joseph D. Elson for the state. The
states witnesses included Mrs. Rntcliff,
or Miss Colts. Mr.. Albert Schenk, two
or three employees Mt the Schenk cstab-
lishment and one or two others. Her
case. however, was built upon her own
testimony, that Of the others not adduc-
ing much Of moment. For the defense,
Chief Bennett, OrloT Zane and officer
AIichnals were the principal witnesses.
Miss Colts claimed that she had worn
the ring of md on for four months, on
the last occasion having 1t thrChwceks.
She suid TINT Zane had requested the re-
turn Of the ring the day before,
and that she had agreed to give It to him
at the ~postoflce that evening at 7:i5.
She remained ut the p%OstOfllcc until ar
ter s o'clock. she said, but Zane did not
appear. This statement WIS denied IN
toto by Zane later iu the day. Miss
Colts said she never told Zane that she
Ind last the ring on the board walk
and that she was greatly surprised when
she was approached by the officer for
the return Of the ring, She also claimed
that the officer used violence In taking
her TO the public building, and based her
charge OF assault and battery on The fact
that lie had no warrant for her arrest.
The defense replied That there Is n city
ordinance which empowers the police
officers to arrest for abusive or prOfane
language TO an officer.
II was 0 o'clock when the nttornlcs be-
gan their arguments. Mr.. Elsun review
ed the cnsc on behalf OF the state and
Mr.. Flick presented the dcfGnsc's urgu-
mGnt,
Squire Fitzpatrick took the matter un-.
der ndvlscment and dismissed officer
MIchnels. holding him not guilty Of the
charge made by the states prosecuting
witnces. The verdict WIG received with
considerable OF popular approval.
The CAGE In Squire Nrkle'S court was
tried at G o'clock, Just after Squire Fit2-
patrlcltScuurt had adjournedunt!l even
Ing. Miss Colts. or Mrs. lsatclinlf, wnS
arrested on n warrant sworn out by on
Ger jMIrhaels. charging her with the Use
OF hrOfanc language. Owing 10 the In
suiljc!cncy OF the evidence prceGnted,
the defendant was discharged.