The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-30

got hold of the hot end of "gold brick"
instead of having struck phenOmenally
rich paying gold mine"
This morning 1t appears that the ques-
ton has made rapid progress toward a
solution that Is in anything but the DE-
rectlon the informer crowd desire.
Two cases were sent for hearing last
evening in the courts of Justices Dun
ming and Haberaeld. respectively but
in both the first sklrmish of what will
undoubtedly prove to be notable legal
battle was STAYED off by the informer
peoples unreadiness to push ahead on
their chosen line of actor.
And thereby hangs tale.
The personnel Of the lnformer crowd
has been known to include in addition
to Informer Bird, Messrs. Mcculley and
Colts. Colonel Arnett had been mem
toned as the principal legal adviser of
the combination. but when asked about
it stated that he had not yet decided to
participate.
Shortly before the cases were to have
come up last evening, Mr.. Mcculley
went to Colonel Arnett's office. and was
surprised to learn that the colonel could
| not be present. Thereupon Mr.. Mccul-
ley secured continuance in each case to
next Monday evening.
Mr.. McCulely came into Justice Dun
ning's court with the information that
Colonel Arnett couldn't appear, slightly
excited, and. according to Mr.. Pendle-
ton and several other lawyers who were
present, seemed to have the idea that
the colonel had given him what Is some
times called the "throw-down." Later
in the evening, Mr.. Pendleton openly
made this assertion in the presence of
Mr.. McCulley, but at that time the latter
had regaIned his composure, and conf
IDENTIFY made the assertion that Colonel
Arnett would conduct the suits that had
been entered by the informer crowd.
Mr.. Mcculley now asserts that he
never believed the justices had jurisdic-
ton In these tax informer cases-this,
he says, is and has been the opinion of
Colonel Arnett since he has been con-
nected with the informers. According
to Mcculley, the colonel held this opIn-
ion for the reason that Prosecutor Mega,
er refused to make presentments to a
criminal court grand jury, it following in
his opinion that the justices' courts were
the only other field open for tax inform
er prosecutions.
The several lawyers engaged in differ
ent cases on the side of the defendants.
boot at this opinion said to be advanced
by colnel Arnett. and affirm that the
whole tax informer proceeding is DOOM
ed to a speedy and unceremonious exit
from any and all courts OF justices.
The cases set for last night were those
OF Bird We. Henry Bayha. in Justice
DunnIng's court. and Bird VS.. W. ]. Bod
ley, and Jerry o'BrIen, In Jus
uce Haberaeld's court. These are
now set for next Monday afternoon,
and 1t Is not likely that there Will be a
hearing in any tax intormer case before
that time. although the case Of Bird
VS.. C. p. Bachmaa Is set for this after
noon in Justice Haberleld's court. The
latter, 1t was stated last night, would
be continued until after the ones set Tor
next Monday.
At that time there will be an attempt
upon the part of the informer crowd to
secure judgments for the five per cent.
II the justices decide in favor of the
informers, the judgment will not be al
lowed to stand. II the amount Is less
than S15, the defendants attorneys will
at once so before the circuit court. and
sue for a writ Of prohibition, which, If
granted. will prevent the Judgment
from becoming effective. In cases where
the judgemnt is for more than SIS. the
Judgment will be appealed at once to the
circuit court, on the ground that the JUS
! tIce is without jurisdiction in these
cases.
The opinion is becoming general, as
the law in the matter is becoming wide
ly known and discussed. that the In
former and his associates are In hole
tina. is considerably on the bottomless
pit order. Their pipe dream might have
resulted in real and substantial gain in
many OF the cases but for one fact
public opinion. This potent factor has
been aroused as Il is not often aroused
in this community. II. as most lawyers
of standing contend. the justices have
no jurisdiction, It is folly to believe that
In the present temper Of the community
the lnformer crowd will be able to do
anything before the grand jury. They
have been assured. II is said, that Prose-
cutting Meyer will have nothing to do
with presentments In such cases OF
course, they will have the alternative OF
going before the grand jury and them
selves making the Information or pre-
sentiments, but 1t is certainty almost
thai, they would run across the wrong
kind Of timber there. and even II there
we're no obstructions there Is the nddi-
tlonaI 90 to chance that they would
DO met with in the petit juries that
would try the cases.
A BLESSING alike to young and old;
| DR. Fowlers Extract OF Wild Straw
| k,rrr. Noturo'g snnrlflp for lVgpntery,