Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-10-21

The arguments of counsel on the
demurrer of the State to the pleas in
abatement filed by defendants in the
cases OF the indictments found by the
late alleged grand jury of Ohio county,
were resumed before Judge HuguS, IN
the Criminal Court, yesterday morning,
and were concluded last yesterday at
ternoOn. AS will be remembered, the
argument was commenced last Satur-
DAY by Prosecuting Attorney Meyer,
FOR the State, and he was replied to
upon that day by Hon. S. G. Smith.
The argument was then adjourned I'M
til yesterday morning, when Hon. John
A. Howard continued the discussion
for the defense, and the closing argu-
ment for the State was made by Gen
eral Alfred Caldwell. Both the argu-
ments yesterday were powerful ones,
being made by two of the best orators
and closest thinkers at the Ohio coun-
ty bar, and the discussion was of deep
interest to very considerable number
OF attorneys, as well as county officials
The remarks being exclusively upon
technical points, were little beyond
the reach of the layman, but from the
standpoint of those learned in the law
neither side left anything undone, and
each gentleman made the best possible
presentation of his position. 1t was
Greek meeting Greek, and no odds were
asked upon either side.
Mr.. Howard opened his argument
about ten o'clock, and spoke about an
hour and half, going deep into the
merits of the case as it appeared to
him, and supporting his statements
with numerous citations of authorities.
In the course of his argument he
touched upon strong point when he
said
I'VE have covered all the objections
made by pleading the same question
in various ways in separate pleas, ex-
pectlng, of course, some of them to be
ruled out. We have raised all these
questions by challenge to the array,
and have our exception in the record
ready to go to the Court of Appeals;
and we will, if necessary, raise the
question again by motion to quaSh,
craving oyer of all records of this
matter not in the record of this Court
From all of which it will be seen that
counsel for the State need not lay the
fiattering JUNCTION to their souls that
they can escape the all important
question of tie illegality of this pack
ed grand jury. When the State does
get lawful grand jury and comes to
test the real matters involved in the
short license question, it will be
found that these defendants are not
criminals - not law-breakers not
guilty of even technical violation of
the revenue laws Of the State. They
are standing on what they conceive to
be their legal rights. 1t is an open,
debatable question whether, under our
statute law, any other license is re-
quired Of them than that which they
have; and when the end comes it will
be determined whether Ohio county
shall consent to pay, in license taxes,
about half Of all the criminal costs of
the State; whether this county shall
continue to pay in license taxes nearly
as much money each year as is paid
by all the other counties of the State.
This question ought to have been test
ed as the cigarette law was tested, by
a few indictments"
General Caldwell began his address
about a quarter of twelve and spoke
until half past twelve, when court
took a recess until two o'clock. At
that time General Caldwell resumed
and discussed the various phases of
the intricate questions involved until
we'll on towards evening.
The Court took the matter under
avisement and the probabilities are
that there will not be a decision I'M
til next term. Whatever the decision
may be, the matter will go to the
Court of Appeals and will there be
settled in year or SO, according to
circumstances which even that court
cannot control.