Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1896-03-08

There was another long and inter-
esting session OF Police Court. yester-
day morning, for the trial of the cases
for alleged violations OF the city fire or
dinance relating to wooden buildings.
sworn out by James A. Henry in re-
taliation for the case brought against
him, and decided against him. a few
days ago. There was a large attend
ance of interested parties, counsel. wit
nesses and spectators, and there was a
good deal of very pointed talk during
the session, which at times approached
the personal.
The first case called was that brought
against the firm of Stone & Thomas
There were several defects in this case.
from the standpoint of the prosecution.
any one of which would have been fatal
to a verdict of guilty. In the first
place. the warrant was sworn ont un-
der an ordinance OF the town of Wheel
ing, passed in April. 1929. This ordi-
nance was abrOgated and rendered null
and void when the town was given
city charter, in 1886, there being no
provision for keeping alive the own or
dinances, and the case was failure on
that ground. Again, the warrant was
sworn out against the firm named. in
stead of against the individuals compos-
ing the firm, and this was fatal defect
No. 2. Third. the warrant alleged that
the offense complained of was commit
ted on the 5th day of March, 1896. when
as a matter of fact the offense, ii any
there was, was in the erection OF the
building, and this was fatality No. 3.
And there were others. The defense
was represented by General Alfred
Caldwell, who recited the lame points
in the case and moved the dismissal OF
the proceedings at the costs Of COM
plainant. In this General Caldwell
was sustained and supported by City
Solicitor Boyce, but there was quite
wordy discussion before His Honor the
Mayor got a chance to knock the case
in the head by dismissing It.
The second case was that against
James L. Hawley. for the building al
Main. Tenth and Market streets. City
Solicitor Boyce announced that there
was likewise nothing in the cause. and
recommended the Court that it be dis
missed. Mr.. Henry fought this ener
getically, and wantedlChief Healy. OF
the Fire De2at.. nslssS..s.,,,.ss sL~s.
that there had been oiiiriaT objection
Mr.. Hawley's building at the time OF
its erection. Chief Healy was not pres
ent and was sent for, and while wait
ing Mr.. Henry took occasion TO state
that the warrants had not been drawn
as he had directed. In making this
statement he ran foul OF Clerk Wat
kins. and there was quite a brilliant
display OF all-around elOqueuce, in
which City Solicitor Boyce and num-
Der OF others took a hand. Mr. Henry
wanted all the cases dismissed at the
costs of the city, preparatory TO the IS
suance of new warrants which would
be correct in form. The Mayor re-
spectfully but firmly declined. but said
the warrants might be amended.
After a lot of additional discussion,
Chief Healy not having put IN an ap-
pearance. Clerk Watkins announced Of
fcially that the case Of T. B. McLain,
agent for the McLain estate. was next.
The trouble with this case was that it
was an attempt to prosecute one man
for an offense committed by somebody
else. unknown to either Court or pro
secutor. In tie course OF The result
ing discussion. Solicitor Boyce moved
that all the cases be dismissed because
Mr.. Henry was attempting 10 make ise
of a Court for the purpose Of sa.isIyInt
a personal grievance. He said Dc could
show that the prosecutions were malic-
iOus. To this Mr. Henry re'orted thal
when his case was on trial DO was nor
allowed to show malice. He wanted 10
know why the distinction had neen
made. His Honor said he had cut SNORT
the malicious talk in the case against
Henry because he happened 10 Emo"
that malice did nos exist n .l .la. csse.
Mr.. Henry thouglk the-'f Tor hit no
official right to know anything OF ~
sort. After another long wraa1.e. NI
Boyce's motion 70 dismiss was EI'H.'''
and the Session ended
The case against Mr. Paxton was uy'
called. as Mr.. Paxton is in tae sou H.
and personal service could NOT De A"4'
-O-
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