Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-05-09

Cases The PROCEEDINGS in the
Circuit Court. Yesterday.
At Yesterday mornings session Of the
Criminal Court. Attorney J. D. Elson
presented the following paper, consider
alton of which was postponed to a flu
ture day:
In the Criminal Court of Ohio County:
"To the Hon. T. E. Hugus, Judge Of
Said Criminal Court
"The undersigned. a citizen of Ohio
county, respectfully represents
THAT the grand jury of this county,
sworn in this Court. at the present term
thereof. to wit, on the third day Of May,
1897. and instructed as to their duties as
grand jurors, disregarded their obliga-
tons. the instructions of this Court,
and the orders of Your Honor, and in
violation of the law and all precedent,
in three separate cases, to-wit, State
VS.. James A. Henry, trespass: State VS..
James a. Henry, assault and battery,
=. y
and obstructing an officer etc, submit
ted to them, together with list of wit
nesses subpOenaed in said causes on be-
half of the State by the Assistant Pros
ecuting Attorney of said Ohio county
for their action thereon. caused the
said defendant. James A. Henry, to ap-
pear before them in his own behalf in
each and all of said cases. notwith-
standing said James A. Henry had
waived a hearing before James A. Dun
ming. a Justice of Ohio county, on two
of said charges. to-wit, assault and bat
terry and resisting, obstructing, etc, an
officer. and had been required by said
Justice to furnish bond TO answer the
other of said charges. to-wit. trespasS,
after full hearing Of all the evidence
both on behalf of the State and on be-
half Of said defendant, and permitted
the said Henry. in the secrecy Of the
grand jury room. to present his defense
TO each Of said grave and serious
charges, in the commission Of which,
by said defendant, a homicide was but
narrowly averted.
In said secret session, without fear
Of contradiction, and without oppor-
tunity Of examination of his said state
ments being given to those whose
rights said Henry had wilfully violated
said Henry was permitted TO defend
himself on each of said charges, and
said grand jury, after hearing such
statements as said Henry saw fit TO
make. and which he declined to make in
public before said Justice, and notwith-
standing the proceedings had before
said Justice heretofore set forth, said
grand jury ignored said complaints and
returned each of said charges endorsed,
not true bill That said James A.
Henry was brought before said grand
jury on a subpoena issued by this
Court and was served by the Sheriff
or one of his deputies. and these facts
are. it is believed, known to the Assist
ant Prosecuting Attorney, to whom ref
erence is made if further information
is desired
believing that through the aforesaid
conduct a failure Of justice has occur
red. the law and its administration
brought into disrepute, and a proceed
ing. which. if established as a prece-
dent for future grand juries, would
work incalculable harm and injury to
the administration of justice by the
Court established for that purpose,
these facts are respectfully submitted
TO the Court for such action as to Your
Honor may seem meet and proper, best
maintain the dignity Of the law, and
the respect for the officials chosen TO
administer it, and most positively de-
4. sz To- tba yi1r -
the least of its citizens are as sacred as
the rights of the greatest.
Respectfully submitted,
al. D. ELSON."
The matter was briefly argued by Mr..
Elson and Assistant Prosecuting Attor-
ney Nesbtt.
It is stated at the Court House that
Mr.. Henry was summoned before the
grand jury by the jury itself, which de-
sired to make enquiries regarding the
shooting which was one result Of the
difficulty about the Chapline street Of
flee. and that in the course Of the en-
quiry the whole trouble was reviewed,
and the jury dropped the whole matter
as the best way out of it. 1t is uncer-
tain what, if anything, will be done in
the matter.
Charles J. Schuck was admitted to
practice in the Criminal Court, yester-
day.
In the case Of State V. Thomas Cas-
sedy, the demurrer to the indictment
was overruled. A plea Of not guilty
was entered, and the case set for the Dist
inst.
The case of State V. William Hull was
set for the 18th inst.
In the felony cases Of State V. John
Miller and William Davis, there was a
plea Of guilty to petit larceny. Sent
ence was deferred.