The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-26

particulars Of which were given in yes
terday's Intelllgencer, was almost the
sole topic OF conversation about the city
during the day, and condemnation Of
The seheme was almost universal. Some
who talked believed that there were
many cases where citizens having
money out on loan had not turned In
proper returns to the county assessors,
and of this failure of course no defense
can be made. Those who condemned
the proceedings Instituted by Bird and
1fcculley in the courts of Justices Dun
ming and Haberaeld, questioned the mo-
lives that prompted the bringing of the
suits.
During the day several additional
suits were Instituted by Mcculley for
Bird. but it is not likely many more will
be entered before next Monday, the
time set for the hearing of the first
suits In the courts Of the two squIres.
The first to be heard comes up in JUS
tice Dunning's court at a. M, and at
o a. m. the Jerry o'Brien case will be
called In Justice Haberfields court.
This alternate method of hearings in the
two courts will be continued until all
the suits set for the day are heard.
OF course there Is great interest in
the first trials, as 1t is likely that one
at least will be made test case upon
which the result OF the several hundred
other prospective suits will hang. Ex-
Congressman John o. Pendleton will
appear for the defendant in one OF the
cases set for next Monday, and ]. E.
w. McCulley will hold the legal reins
for the plaintiff, Bird. 1t has been said
that Colonel w. W. Arnett would be
associated with Mcculley in the prose-
cutIon Of these cases, but when he was
seen yesterday afternoon he stated that
he had net yet decided that he would
appear in them. Bird, he said, had ap-
preached him and desired his services.
When the test cases are heard next
Monday, most interest will center in the
endeavor of certain defendants to make
It clear in the minds OF the justices that
they have no Jurisdiction. It ie being
contended by most of the lawyers that
the title of such suits must have the
state OF Yves Virginia as plaintiff. In
the suits so far brought by McCuIley for
Bird, the latter is made plaintiff. In
addition the contention is advanced that
after information mas been made to the
prosecuting attorney and assessor, no
suit for tha Eve per cent can be instI-
tuted by the lnformer until the prose-
cutting attorney has offered an lndlct-
ment to the criminal court grand Jury.
In other words, there must first be a
criminal prosecution, and IL the defend
ant is found not guilty. the Informer
has no case for his percentage.
Justice DunnIng said to an Intelligent
Ger reporter yesterday afternoon that
he did not want his motives miscon-
strued by the public. Being a public
Official. he believed It to be his duty to
accept such cases as we're offered to his
court. He added that he would not at
tempt to solve for himself the question
Of Jurisdiction which will be raised next
Monday; he would secure the best coun-
sci to be had before rendering his de-
cision. In the meanHme, however, he
added, any person who has been sued by
BIRD for the five per cent, can settle by
paying the five per cent and costs.
AS stated In yesterdays IntellIgencer,
the 1--WE per cent on informatIons al
ready made viii foot up about $4,000,
possibly $4,000. These tntormatious
number between 300 and 400. and extend
from A to G Of the trust deed records
Of the county clerks Office. II all goes
wen with the scheme, Bird and Mccul-
ley have promising territory from G to
2, which County Clerk Robertson esti-
mates will Increase the possible per-
centage to $4,000 or $4,000.
Mr.. Mcculley enters denial OF au-
thorship of the scheme, which seems to
throw the honor upon Bird, the stranger
whom nobody seems 10 know. Mr.. Nc
culley says further that his only con-
neotion is as attorney for Bird. Yes
terday morning the 1utellIgencer mem
tIoned a story that was going the
rounds in the Justice shop" district TO
the eject that McCulley had proposed
the scheme some time ago to Constable
James Creighton, who mad turned It
down very hard. Mr.. McCulley denies
that ne made such proposition to
Creighton, and the latter also enters a
denial, which appears below.
An EFFORT was made to learn the name
of the peson who has become surety for
rhe costs in the suits instituted by Bird
and Mccuiley in the courts OF Justices
punning and Haberheld Justice Dun
ming declined to disclose the mans
identity. A gentleman who was present
when the question was asked, asserted
that W. ]. Cots had become surety for
the costa. Gotta is the North End cttI-
zen VINO has figured in SO many suite
against the city during the past three
years.