The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-10-21

ellgibles, not with the list OF grand
jurors.
Plea No. 3 was next taken up, It says
the list OF grand jurors was prepared
illegally by t. C.. Moffat. The speaker
said 1t does not appear In the plea that
the proper officers did not cause Il. c.
Moffat 10 prepare the list, II doesa't
appear that TIC. Moffat was acting for
the board OF commissioners under section
No. OF Chapter 1877 of the Code.
The fourth plea sets up the 'claim that
the grand jury was illegal because the
''list of grand Jurors" was not properly
drawn by the board of commissioners
The only list named Is one from which
the grand jury was not drawn, said
General Caldwell
The fifth plea was made on 'informa-
tion and belief" and two or three differ
ent defenseS are made. The plea was
bad for number OF reasons which were
enumerated by the speaker. "IRforma-
ton and BELIEF are not sufficient; there
must be certainty in the allegations. II
is alleged tn this plea THAI thirty-eight
names were Illegally put In the ballot
box, but the plea doesn't show any OF
these persons became members OF the
grand jury.
Plea No. claims the grand jury IL
illegal because the list contained over
200 names, while the legal limit is $50.
General Caldwell again attacked the
language of the plea, which says the
''list OF grand jurors" must contain NOT
more than 100 names on the contrary
the "llst OF grand jurors" Is the names
of the sixteen grand Jurors selected.
The plea departs from statute law. Il
doesn't show that more than $50 names
were placed In the ballot box.
Plea No, 7 alleges iiiegahty because the
jury was not drawn by the clerk OF the
county court. This could make no pos
eible difference, A justice may have
been summoned and the Justice may
have done the drawing. The plea does
not negative this claim.
Plea No, alleges illegahty because
the list was drawn by c. II. Henning.
clerk OF the circuit court. 1t was point
ed out that Mr.. Henning Is clerk ex-
otiicio OF the criminal court, so the pre-
text Is of q fimsy character and cannot
stand, Was Clerk Hannlng authorized
to act by County Clerk Robertson? The
plea In abatement doesn't show to the
contrary.
Plea No. 0 asserts ilIegality because
the list was prepared by Clerk Henning.
AS to the opening OF the grand jury box
by Clerk Henning, the speaker quoted
from section Of chapter 157 OF the Code.
Henning might have opened the box at
the order of the county court. There Is
such provision In the statute, and the
plea doesn't show there was not also an
order. The plea was also bad because 1t
ls based on information and belief"
This plea asperses the character OF the
clerk of the court, but Is not fair enough
to give the name of his traducer. 1t Il
not fair and just, and 1t is not good
morals, said General Caldwell This
plea ts bad In substance bad In form and
nothing in 1t which the state should take
issue on.
Plea No. 10 contains at least six de-
lenses and cannot be good. It alleges
illegalty because II did not contain six
teen persons at the drawing, and no by
ISLANDERS were summoned. The sheriff,
though, is not Obliged to summon by
ISLANDERS; he could so to West Liberty II
he desired. As to George Wise being ex-
cused after being drawn as a grand
juror, General Caldwell failed to see how
this could invalldate the grand jury Mr..
Wise might be fined, but the fact he was
excused could not overturn the grand
jury.
The eleventh plea docs not come up to
requirements for number of reasons
that were given.
The twelfth plea. summarizes the OBJ
jectlons made In the several pleas, and
all on Information and belief" Every
vice In everv other plea Is embodied In
this-boiled down into one which Is num-
bered twelve.
In conclusion General Caldwell said
that not one Of the pleas Is sufficient In
form and substance. Admitting all that
is claimed, there is nothing on which the
state can take Issue: there had been an
entire Ignoring of the requirements OF
the law: the pleas were bad in every re-
spect, They were bad in the affldavits:
bad In the body. What is there of sub
stance in all this objection to the grand
jury? Can the making OF bare accuea-
lions be cause? Continuing the speaker
referred to the statement OF Mr.. Howard
that the case would be taken To the SUI
preme court of appeals e necessary, and
responded that the state too, was ready
to 60 before that tribunal
The general said that he had argued
the pleas as legal propositions only.
without any feeling in the matter II the
demurrer to the pleas is sustained. these
defendants are still entitled TO trial on
the indictments found against them.
They can still take issue no matter what
the result of this proceeding. They can
not be substantially injured by the court
sustaining the demurrer TO these pleas.
Regarding the preparation of the pleas
in abatement, the speaker said that the
Law Is such that It Is difficult for an at
torney to prepare pleas technically god.
He had little confidence In his own ahill-
ty to do this work. He could therefore.
say with sincerity that the sustaining
OF the demurrer Is no reelection on the
ability, industry or legal learning OF the
gentlemen who prepared the pleas In
this case. Concluding, General Caldwell
said
II must insist on behalf OF Justice and
the law Of the land, that It Is the duty OF
the court to sustain the demurrer 10 each
and every one of these pleas, Believing
that, most respectfully submit the mat
ter to your honor's consideration.
Except for the Introduction OF the afIl-
davit Of Albert Caps the alleged repre-
sentative OF Andrew MCKINLEY, who Is
said to have requested Prosecuting At
torney Meyers to file the plea Of guilty to
seven of seventeen indictments, no other
business was transacted. Caps afIlda-
Wit denies that he acted as the represent
tative Of Mckinley The affidavit of Mr..
Meyer which Ia In effect what he said 10
the court when McGnley's affidavit was
introduced, alleges that Caps came to
him as the representative OF Mckinley.
Judge Hugus adjourned the criminal
court until Friday morning, when II Ii
possible he will hand down decision In
| the abatement cases.
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HOW TO FIND OUT.