The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-11-12

EASION, fa'I NOV ll,-Ine cases OF
ex-Secretary of State Frank Reeder. of
this city, and Representatives Weiss
and Maurice Luckenbach. OF Bethlehem,
against whom charges OF conspiracy to
commit bribery and to defame the char
dcter OF John Wanamalser were pre-
ferred were to have been heard by the
grand Jury to-day, but the absence of
W. A. winsbropgh, upon whose atiidav-
1t the Information against the defend
ants was lodged, caused a postpone
ment until tomorrow. Apart from this
the proceedings were sensational, and
ended in the withdrawal OF Lawyer
william c. shipman. of the prosecution
from the case,
The suit Is the outcome of the sena-
torial fight OF last January by Boies
Penrose and John Wanamaker. The
prosecution. which is sustained by
Fred Van valkenburg had an imposing
array OF counsel. It included besides
Lawyer shipman, Judge o. H. Myers.
Charles s. Bergner and Major George
W. Merrick, of Tioga county, and Har-
ry Mckay, OF Philadelphia. General W.
e. Doster, who represented the COM
monwealth, was on hand In place OF
District Attorney James c. Fox, the
latter being relieved from the case be-
cause of the social and family relations
existing between him and General
Reeder. The defense was represented
by Congressman W. s, Kirkpatrick, R.
c. Stewart and E. J. Cox. The change
In the commonweaith's counsel caused
by District Attorney Fox being relieved
was what drew from Lawyer shIpman,
accusations, and eventually to his with
drawal. Judge Scott had disposed of
several minor cases and the case
against the three defendants above
mentioned was called.
Lawyer shipman said he had petit
ton to present TO the court and said in
part: 81 am compelled to say that Judge
Doster and my colleagues differ so on
the matter in hand that we cannot pro-
ceed TO conduct the case together
"It was decided 1 should draw the
indictment and Mr.. Mackey was to
gather any additional evidence. IN the
meantime, however. 1 received from
General Doster an insulting and inso-
lent letter. It was decided after the
receipt Of this letter that we should
withdraw from the case and let him
conduct It as he chose. alone and unaid-
ed. A change Of plans. however, In
duced us to allow him TO examine our
witness. and which he did in private,
and in O perfunctory fashion.
"More than this. learned that Cen
eral Doster had received from General
Reeder letter asking that General
Doster should act as prosecuting attor-
ney for the commonwealth"
Lawyer Shipman then presented to
the court petition signed by Mr.. Van
Valkenburl, in which the latter refer
red to the appointment OF General Dos.
ter as acting district attorney. The pc
tltion stated that differences have Rris-
other counsel for the prosecution by
reason Of the letter said to have been
written to General Doster by General
Reeder. Continuing, the petitioner
claimed that his counsel by reason OF
the above alleged acts, communicated
10 the district attorney as represented
by General Doster and requested him
not to send the bill OF Indictment 20
the grand jury and that General Dos
Ter has refused this request.
Judge Scott, in reply, quoted the law,
showing the redress OF counsel in the
event of the prosecuting attorney fall
ing to take the proper legal steps In
such matters. He said:
an my mind, II uarrows down to n
personal difference between the acting
district attorney and private counsel
for the prosecution which is not Il sut-
fclent cause for delaying these pro-
ceedings"
Judge Scott said: "Arc your witnesses
here. General Doster and Mr.. Ship
man?"
~ have nothing moro to do with the
case" said Lawyer shipman.
"Then notify your client" replied the
court, "and General poster call your
witnesses"
The absence OF Mr.. wlnsbrough was
then developed md court took a recess
until 2 o'clock, when Mr.. wfnshrough
was gtlll absent. Court thereupon nd
iourned until tomorrow morning and n
cour. ofiieer was sent In search OF Mr..
VipohrAuph