Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1896-07-02

1-} your petitioner ll SAID hdCh w -lli- 'Hv2
tae said VIM. Woke, Ella Frazier ana
George 1Iill p Grove and caused 10 be driven
Che sli- hack With Your petitioner TO the
city Of Wh5c.i.g. OliO county, Vest Va
for tle purpose of securing her arrest un-
der che said warrant and your psuuoheI
WAS tl"s f5rciby brought. at the TINE
AZORES a. ny the persons aforesaid, ana TOT
the purpcsa aforesaid and I'm manner and
form aforesaid from Bridgeport. Belmont
county, Ohio. TO WleCIng. OHIO county,
Nst n az, where she was arrested oy the
said john Anderson. Constable, by virtue
of tla aforesaid warrant. who took ner
before the said NJ. j. Fitzpatrick. Justice
of Che Peace as aforesaid. on the -tth day
OF june. 1895 bv whom she was committed
without a preliminary hearing to the jail
or Ohio county. West Va. where she ever
stree has bc.1 and now is ID confinement.
And your tiri0rer AYERS that the 3tore-
said warrant. under which she was arrest
81. IS insufficient and void in law and taat
the arrest CT your petitioner, at the time
a-d place aforesaid, and in the mander
aforesaid under the aforesaid warrant was
Illegal and void. and. therefore, tnat your
pe-i0uer is uulawfully and wr0ngfuly
held il custody. Wherefore and since your
petitioner is reme5i,ess. save ia court
having proper cogriZ3nce OF the matter,
she humbly pravs that the writ Of 'haAe3s
corpus al sUbjicieEdum' may DE granted
and directed TO the said II. j. Fitzpatrick,
Jus lice of the Peace as aforesaid, the said
John Anderson Constable as aforesaid ana
a. a. Fraozaeim. Sheriff Of Ohio county,
. West Va. 90 produce the c1y OF your pc
titi1uer. Grace Wallace. az such time as
may be designated I'm the said writ and
J that the said NJ j. Fitzpatrick. john An
drsou and A. A. Fr5rzbeim, Sheriff Of OHIO
! county. West Va, may show cause, il
i ANY they S6al have. why your petitioner
is q uriyed Of her liberty and detained In
custody, ana that your petitioner ne re-
leased from custody and restored 10 her
l liberty and freedom. And your petitioner
Z further pr8ys that she Zoe admitted 10 bail
unti, such time as the case may be heard
and determined under this her petition.
"Aud she prayS for such other and fur
/ they relief as the nature Of her case may
require ard as may seem meet and proper
GRACE WALLACE,
estate Of West Va. Ohio County. TO wit:
"Gr8ce Wallace. the petitioner named in
the for going petition, being duly sworn,
SAYS that the facts and allegations con-
/ tanned therein are true. except so far as
tle} are therein stated 10 Doe on irfOrm9-
tion, 3ud that 50 far as they are therein
| stated 90 Doe upon information she believes
them % be true
GRACE WALLACE,
"Petftf0uer.
Taken. sworn TO and subscribed before
me tails hrst day Of July, 1886.
CIV. z. ROBINSON.
Notary Public in and for Ohio County,
West Va
The hearing took place in Judge
/ Pau's private room at the Court
/ House. Prosecuting Attorney Howard
appeared for the State. and Dryden &
| Robinson for the defense. The first
witness called was Grace Wallace. the
/ defendant, who vas brought in from
| jail in the custody of a Deputy Sheriff.
Her testimony. in its essential features,
was as follows:
The only home l have is at Maud
Smiths, but / have been living in Mar
4 tins Ferry for three weeks. I was arrest
ed Friday night by Constable John An
/ dersOn. l don't know VINO sWore out the
I warrant I was taken to Justice FiCz-
/ patriCk's Office / was arrested in front
of the White Cloud. or in front of
GoodfriendS Hotel l had been stop
| ping a the Cottage House in Martin 5
/ Ferry. Friday evening William Woke.
who is often at Maud Smiths. called
at about eight O'Clock. and said he
wanted me to go to Bridgeport to get
hi sgirl. Ella Frazier. and bring her up
90 Martins Ferry. I vent down with
him on street ear. starting about ten
minutes after he called. We went to
john McCOnaha's saloon. There we
found Ella Frazier. in the back room.
We had some drinks | drank soft
drinks, she drank whisky and Woke
darnk beer. / asked her TO go back
with me on a car, and she said no, she
would go in hack She said she
wanted TO go that way because she was
drunk. / said had no money. but she
said she had money, and Woke went
cut and telephOned for a hack In
about twenty minutes the hack came.
She appeared to be drunk We got in.
and the driver. George Mitier. drove
over 10 the Island after going a short
distance towards Martins Ferry. The
horses went as fast as they could go.
and he did not stop TO pay toll. I tod
Woke that that was no way to go to
Martins Ferry, and he said it was
that he would go over the other bridge.
On the Island / knocked on the back
window and stopped the hack. I at
tempted 10 get out, and Woke pushed
me back and shut the door. and the
driver went on as hard as he could 90
TO Goodfriend's Hotel. When Woke
said he would 90 over the Aetnaville
bridge from the Island | told him il
was scheme. | kept rattling at the
windows all the way over. but the driver
would pay no attention to me. When
we got TO GOCdiriend's Woke got out.
and he and Miller went in and ordered
drinks. Ella Frazier wanted whisky.
but / said she ought not to drink any
more, and she took a soft drink. as
did. Constable Anderson came up and
asked me if ] was Grace Wallace. and
/ said no He went away. and then
came back and said / was Grace Wal
lace and got in the hack and said to
Miller Drive on down, you know
where. At the office the constable ask
ed me TO get out, and | said no. / did
not belong TO this town. He then took
me by the arm and took me out. and
then they sent me to Jail, and l have
been there ever since. Ii was II o'clock
when I was sent to jail"
On croSs-eXaminaJiCn, witness said:
The Frazier woman pretended 10 be
drunk at Bridgeport, but l do not
think she was. I have seen her too Of
ten TO believe she would get drunk on
two drinks. William Woke used force
TO keep me i'm the hack l made an out
cry. / told him to let me out | had
been in Wheeling about every other day
for three weeks. l was TO come on
Monday to see about a civil suit"
Constable Fitzpatrick was sworn.
and was questioned about the cOndi-
tiCn of the affidavit and warrant when
the arrest vas made. He differed as
to the condition Of the affidavit and
warrant, when the arrest was made
with the statement in the petition. He
admitted that he had not signed the