Sistersville oil review. [volume] (Sistersville, W. Va.) 1896-1901, 1898-08-03


was only entitled to 500 docket
fees; l never asked Srrickling for
$50; / don't know why"
w. A. Stricken was next called
for defense and testified in sub
stance as follows:
1T am deputy clerk and was
sworn in Office in 1897; | was pres
ent at July special term and at the
August term. l remember from
INV docket memorandum when case
of Clendenning was called, the
prosecuting attorney stating what
be wanted done at the August
terms and capias in to IS. I am
rot sure whether Judge Freer
wrote me at my home in Ellenboro
or told me in person in substance
the special term was to try only
such persons as were likely to leave
the county. I either wrote or told
the clerk. l made up the docket; l
think I told Strickling i the clerks
Office one evening the judges in
structions. He had nothing to
do with making up the docket; the
docket entry at the August term
was, Robert Clendenning capias in
TO IS Before the order was en-.
tered as noted in docket, the judge
ordered capias in twenty-five cases
instead of fifteen; I don't remember
whether prosecuting attorney was
present or not. 1 was here at De-
cember term and was present when
Clendenning's cases were called
and it is my recollection the cases
were called several times, and went
over from day to day. On the day
the cases were disposed of the pros
ecuting attorney said something
about going to Jail"
CROSS EXAMINED.
Especial order for capias in IS
cases against Clendenning by the
Judge. l have no recollection that
Strickling ordered capias only by
refreshing my memory by docket
but remember the judge ordered IS
caDias against ClenGenning. Pros
ecuting attorney was in the office
part of the time and I asked about
certain men, not being acquainted
with the people, and asked clerk
or Strickling whether ones would
leave or not. 1 can't say whether
heard the rumor that the prosecu-
tor was being bribed before the
term or not. / inferred from what
was said in court that such was a
fact that there was the rumor."
REL IRECT-EXAMIN
Docket made up first and pro-
cesses issued afterward. Only
those to be put on docket who were
likely to leave county. 1t might
be possible that some were put on
docket on whom process did not IS
sue"
RE-CRoSs-EXAN1INATION.
Original intention for Clenden-
ming to answer to the docket when
called. The judges docket entry
shows mo service Nothing was
said about summons being issued
and put into the stove"
REDIRECT EXAMINATION.
"There were quite number Of
summons returned no service"
ID. NJ. Smith was called for de-
Tense and testified substantially as
follows:
II live in Middlebourne; I know
Strickling and Clendenning; 1 was
at December term, 1897; remember
when Clendenning's cases were
called. Strickling argued trial and
said he heard that Clendenning
had a bomb to throw. Clenden-
ming counsel said there was
nothing of it. 1t talked to Glen
denning and asked him about
Strickling riding about in buggy
with him and Clendenning and
Clenden 1ing said they were friends
at Sistersville and that he saw that
the Judge was in earnest and he
would have to quit the. business"
CRoSS-EXAMINED.
II knew Strickling well; l said
to Clendenning that there was re-
port that Strickling and Clenden-
ming were riding around the coun-
try together in a buggy, and that
Strickling had been bribed by Glen
denning; Clendenning replied that
+Lo,, boJ baa,, croo5 friap6c ot SIC