Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1898-08-26

EDITOR.
Mrs. Atkinson's Case Concluded.
West Virginia Bar.

West Virginia Bar.
The conclusion of the case of the
State VS.. Mrs. Atkinson brings sense
of relief to the bar of the State, and,
we believe, TO both thefriends and adj
versaries of Gov Atkinson.
1t does this independently Of the
merits of the case--which we do not
consider. for we know nothing about
them beyond mere newspaper com
ment. But by many the opinion was
held that the case was the outgroWth
of personal or political enmity; and
on the other hand, by those who be-
lieyed in the merits of the case of the
State, there was continuous charge
that political or personal favoritisfn
would in the end defeat the law. In
either case it was an unenviable noto-
riety for both the State and the parties
concerned.
1t is a matter of congratulation
therefore, not only that the case is
out of court, but that it went out on
SO square an issue and so just ruling
that both the Profession and the laity
ought to be satisfied
If the newspaper reports are correct
the principal indicted with Mrs. At
kinson was acquitted at the last term
of court by the verdict of the jury.
Not only so, but the verdict OF not
guilty was rendered on the evidence OF
the prosecution alone-the defendants
attorneys believing that prejudice
would convict their client in any
event, declined to offer any evidence
and determined to let the case go by
default on the merits and rely on the
legal points they had reserved for an
appeal. They were surprised by YER
dict in their favor Surely this ought
to be conclusive to friend and foe.
The principal having been acquitted,
the attorneys for Mrs. Atkinson,
moved TO quash the Indictment main
ly on the ground that there could not
be an accessory without principal,
and Offering the record of acquittal
of the principal to sustain their point.
The question was whether the statute
Of West Virginia could be construed to
change the Common law principle on
this point. Judge Blizzard took the
motion under consideration and has
since rendered his decision sustaining
the motion and dismissing the case
against Mrs. Atkinson.
That Judge Billiards. opinion is
well grounded is fortified by an opinion
of Judge Bennett recently rendered
on precisely the same question. This
latter opinion we happen to have in
hand.
tits not given to sustain Judge Biz
Ldld3 vi Wlbn Iil1 1CISICnIC w DllC "a U
kinson case, but simply for its value
as a ruling on this point, which is of
general interest to the profession. The
opinion Of Judge Bennett was render
ed, and we had it in hand before the
decision of Judge Blizzard was made
in the Atkinson case, and the latter
is probably not yet aware of the rul-
ing of the former. 1t is matter of
some moment, however, that two
circuit Judges agree on this point.
The Bar extends congratulations
to all concerned-which means the
people at large-that this unfortunate
case is out of court: and we commend
the example of Governor and Mrs
Atkinson for the courageous, self-re-
spectful and entirely proper manner
in which they met this accusation
at every point, both in and out of
court.
1t seems to be conceded on all
hands that Hon. A. D. Boyd will be