Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-04-15

| to Higher COurt-Other Bust
ness Transacted Before the Court
| Adjourned for tho Term.
! u he most important matter in the
| Federal Court yesterday was the de-
clslon Of Judge Jackson in the Eaton
case. Eaton was convicted in the Ohio
| County Criminal Court of arson, and
his attorney, Col w. w. Arnett, pre-
| scented a petition for a writ of habeas
| corpus in the Federal Court, in
session in Parkersburg last fall and
| ii was granted.
When the case was brought up yes
| terday morning, Col Arnett appeared
for Eaten, and the State was represent
ed by Prosecuting Attorney Nv. p.
Meyer f. W. Nesbitt and H. C. Rich
ards, Sheriff. Judge jackson gave his
opinion in the case, in which he
briefly reviewed the testimony brought
out at the trial Judge Jack
son referred to another ques-
ton, which had been fully argued,
| and stated that under the authorities
he had then consulted. he would not
! interpose until Eatons legal rights
! were determined in the State courts.
Col. Arnett inquired if he had the
right to appeal to the United States
Circuit Court at Richmond. Judge
Jackson replied that he would consult
Judge Golf about the matter. He re-
quested Sheriff Richards to keep Eaton
in his custody in the county jail until
that time
In the case of Wheeling Bridge and
Terminal Railway VS.. R. H. Cochran's
administrator, bond was filed for an
appeal to the Federal Circuit Court in
Richmond.
In the case of Grafton Coal and Coke
Company VS.. w. T. Ramey & Co.,
motion to transfer the case to Clarks-
burg was overruled, and the plaintiff
was given thirty days to file a declara-
ton
In the cases of w B. Petit e Co. VS..
German American Insurance Company,
ct al, arguments were heard on de-
murrers, and case set for Thursday,
September 18th.
Twenty eight claims against the
Buckhannon River Lumber Company
having been settled they were struck
from the docket Morgan Morgan, one
of the claimants, filed a new suit.
The twenty-eight cases were brought
in the Circuit Court, and afterwards
consolidated in the case of the Com
mercial National Bank ct al. vs.. Buck
harmon River Lumber Company, ct al.
Court adjourned for the term.
Referring to the Eaton case last even
ing, Col. Arnett, counsel for defense,
said.
'The publication made regarding the
action of Judge Jackson was so entire
" wrong that | wish to state the facts
correctly AS to the writ, that was not
refused but was issued seven months
ago, Judge Jackson has said that ne
doubted the jurisdiction of the Circuit
| Court. on account of the manner OF the
extradition of the prisoner, doubted
| that defendant was here at the time the
| alleged offense was committed, and had
no doubt of his power to discharge the
| prisoner: but the fact that jury mad
| passed upon the case made It matter
| of courtesy to State Court that he
| should not interfere at this time. Judge
! Jackson also said he had consulted some
| of the Circuit Court judges OF the
United States on the matter, but had
| not consulted Judge Golf, and these
| Judges corroborated his judgment, but
| also agreed that courtesy as due the
! State tribunal. Judge Jackson cited
| the case of W. L. Royal, 1l6 T. 5. as
| showing his right to exercise authority
| TO discharge the prisoner; but still ne
| was constrained to the opinion that
! there should have first been an appeal
| to the Supreme Court of the State be-
fore there was an appeal to the Federal
| Court for dismissal under the act OF
| Congress based upon the fourteenth
amendment to the Constitution, which
allows any citizen of the United States
to be re ieved from conviction when that
! conviction was not obtained according
| to the due forms of law.
! N"Tbe Judge had drafted an order 10
! the effect that an appeal should have
J been made to the Supreme Court of the
State to correct the wrong of Eaton $
having been tried when he was not here
when the offense claimed was commit
/ fed but the Court at the same time de-
| +ermined that he would not, at his time,
order the discharge of the prisoner. and
said he would direct the authorities OF
| Ohio county to continue to hold the
! prisoner in Jail until they had heard
| further from the United States Court
! In the meantime Judge Jackson Will
/ consult Judge Golf at an early day as to
| the matters involved