Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-10-13
EATON CASE IN !. :. COURT.
Very Interesting Proceedings Yester-
day Before Judge Jackson,
At Observation-Disclosures on the
Writ of Habeas Corpus Previous
ly Granted by the COurt-Judge
jackson Will Hear Evidence
Touching the Subject Of Eaton's
Presence Here When the Crime
Was Committed.

Counsel for William Eaton, con-
victed in the Ohio county Criminal
Court of incendiarism, presented argu-
ments before Judge Jackson yesterday
on the writ of habeas corpus previously
granted by him. Eaton was taken
down to Parkersburg yesterday, where
the Federal Court was in session, in
the custody of Sheriff Richards.
1t will be remembered that at the
recent session of the Federal Court in
this city, Col. w. w. Arnett made ap-
plication for writ of habeas corpus,
which was granted by Judge Jackson,
who fixed yesterday as the date for
hearing the arguments upon same.
The prisoner was represented by Col.
Arnett, and the State by ex-Prosecut-
ing Attorney John A. Howard and
Assistant Prosecuting Attorney Frank
w. Nesbitt.
Col. Arnett had asked for the re-
lease of Eaton on the ground that he
was not in the State when the fire oc-
Cured. Counsel for the State filed an
answer to the writ, stating that Eaton
was held by a judgment of conviction
in the Criminal Court of Ohio county,
and was under sentence of ten years
imprisonment in the State prison.
They also filed, with other certificates,
copy of the record of trial and con-
viction, and upon this demanded that
Judge Jackson remand the prisoner to
the Jail of Ohio county to serve out
MS sentence, holding that the United
States Court had no jurisdiction in
the matter, and that no court had
Jurisdiction but the Supreme Court of
West Virginia, after the man had been
convicted in the Criminal Court
Col. Arnett answered by repeating
that Eaton was not in the State when
the offense was committed, and moved
the Court to discharge the prisoner,
or permit him to prove that Eaton
was not in West Virginia when the
offense was committed. Attorneys for
the State denied the right of the judge
to hear anything after the Judgment Of
conviction was produced.
After the arguments, Judge Jackson
decided that he was not bound by the
judgment, that he did have jurisdic-
ton, and that he had the right to go
into the evidence of whether Eaton
was in the State or not, and declared
that he would discharge the prisoner
without hesitation if it were not
proved to his satisfaction that Eaton
was in the. State that night.
The State, through its attorneys,
stated that it could not then produce
its evidence, and asked for another
day on which to do so. This was al
lowed without objection, but for the
sake of convenience, Eaton's testi-
mony was taken. Judge Jackson then
gave time for other evidence to be
produced, on behalf of the State and
of the defendant, and announced that
unless the evidence, irrespective of the
judgment of conviction, satisfied him
mat Eaton was present in the city at
the commission of the crime, he would
release him on the ground that he
was not held according to law, nor ex-
tradited in accordance with dine nro-
cess of law.
Counsel agreed to take the evidence
at the earliest possible day, and in the
meantime Eaton is held under the
writ Of habeas corpus, in the custody
of the Sheriff of Ohio county. Eaton
was brought back to the city, along
with counsel in the case, on the even
ing train over the Ohio River rail-
road.
n