Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-09-26


Smith appeared for the defendant
short" license men and filed the fol-
lowing pleas in abatement, which were
taken under advisement by the Court.
and which will be answered by the
State next Friday
Plea No. alleges that the grand
jury was not drawn from the list pre-
pared by the County Court (the Board
of Commissioners) nor by the Board of
Commissioners, nor by the Clerk of
the County Court.
Plea No. alleges that the County
Court did not prepare any list of grand
jurors at the levy term, 1897, as the
law requires, or at any other time,
but in fact failed to prepare any list
OF grand jurors whatever.
Plea No. 8 alleges that the list of
grand jurors was not prepared by the
Board of Commissioners, but was pre-
pared by T. C. Moffat, who is not the
person authorized by law to pre-
pare it.
Plea No. alleges that the list was
prepared by some of the members of
the Board of Commissioners, not act
ing as a Board of Comm issioners, but
as individuals, at their respective
homes or places of business, and not
as session of the Board, and thatsthe
Board never considered the list as, a
Board.
Plea No. 5 alleges that of the names
in the grand jury box, at least thirty
eight were prepared by w. w. Irwin,
who was not member of the Board
of Commissioners, and that John Hess,
who is a member of the Board, had
nothing whatever to do with the pre-
paration of the list, and that this fact
appears from records and papers in
the Office of the Board.
Plea No. alleges that the list of
grand jurors contained more than one
hundred and fifty names, 1.-TWO hun
dred and forty-eight, in fact), while
the law says that the list shall not
contain more than one hundred and
fifty names.
Plea No. alleges that the list of
grand jurors was not drawn by the
Clerk Of the County Court.
Plea No. s alleges that the list was
not drawn by the Clerk Of the County
Court, nor by the Clerk of the Grim
inal Court, but that the record shows
that it was drawn by the Clerk of the
Circuit Court, c. H. Henning, and was
certified by the Clerk of the Circuit
Court.
Plea No. 9 alleges that the grand
jury was drawn by C. H. Henning,
Clerk of the Circuit Court of Ohio
county, and that the said C. H. Hem
ming, some time prior to the day the
grand Jury was drawn, entered the
vault where the records were kept and
opened the jury box (Sec. of Chap.
157 of the Code says the grand jury
box shall be opened only by order of
the Court, or by the Clerk of the Coun-
ty Court. or by Justice of the Peace,
as hereinafter directed), in which the
ballots containing the names of the
persons comprising the grand jury list,
were kept, and that, then and there,
as this defendant is informed and be-
lieves, the said Henning arranged the
ballots in said box in such manner
that in drawing the ballots from the
said box he could make a choice of
the names drawn by him, and this
defendant is informed and believes
that in drawing the said grand jury
the said C. H. Henning did select
grand jury of his own personal choice,
and that his purpose in so doing was
to get a grand jury that would find a
great number of indictments, by which
he would procure from this defendant
and from others a large amount in
fees"
Plea No. 10 alleges that some of the
sixteen gentlemen who were drawn did
not serve on the grand jury, that some
OF them were excused and that some
others were not summoned at all, and
that Noah Beck and others, who were
not drawn as jurors, did serve on the
jury. (This plea raises the question of
the right of the Court to excuse a
grand juror and substitute another
person.)
Plea No. II alleges that Philip Bach
man, one of the grand jurors, was not
freeholder.
Plea No. u alleges all the facts con-
tanned in the foregoing pleas.
The pleas to which the most import
ance are attached. by the defense are
Nos s. 8 and II. AS before remarked.
there is no allegation against certain
county officials as individuals or
against the members of the grand Jury
as individuals, but there are allega-
tions against certain other county Off
Gals, and these will be backed I'D by
proof at the proper time.
The whole matter is one of the most
profound public interest, and it is to be
hoped that the matter will take such
shape that the most searching investi-
cation can be made, and all the facts
laid before the public. If this is done.
1t will afford some very interesting
reading, for the investigation will take
wide range and involve persons
whose names have not heretofore an