Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-03-17

I
/ Stuart Co., Marshall, Mich
|
| given to him, and to assess under it.
| The law expressly invites every citi-
zen to make informations about such
evasions of the payment of just taxes.
| Whether Colts had anything to do with
the tax cases or not, he was justified
in bringing the suits.
| The fee cases were next taken up.
| The law provides that these fees may
even be demanded in advance. 1t was
| perfectly legitimate for Colts to buy
| the claims from Anderson, and per-
! fectly legal for him to collect them.
| II don't mean to say that everything
| Jim Colts has done is commendable.
| | don't say that things he has done
are not censurable and censured. But
| that is his matter, and SO long as he
proceeds within the line of the law,
| he is entitled to protection, and should
not be convicted upon general princi-
pies" In concluding his argument Col.
| Arnett asked the Justice to examine
| certain authorities which he submitted.
| PROSECUTION CONCLUDES.
Mr.. Pendleton concluded for the
| State He disclaimed any intention to
| further argue the question of what
constitutes barratry. He called the at
| tenton of the Court to what he termed
"as high-handed a piece of villainy
as ever perpetrated by Justice in
Ohio county" He took up the case
of Samuel Sloan. Every person knows
that it is not legal to charge more than
six per cent. interest on money, yet
Hasenauer had exacted more than
| twenty per cent. month from Sloan.
| Was there ever a Shylock who exacted
greater interest than that? Hasenauer
| knew that he could not collect that
money legally. What did he do? He
knew there was man who was around
buying up claims, and he sold 1t to
Colts, and the day after Hasenauer
swore out a warrant for Sloan for OBJ
tanning money under false pretenses.
This criminal action had the desired
effect. Was that not barratry?
That warrant never went up to the
grand jury, and was not tried. On
the back of the warrant it was endors-
| ed as having been amicably settled out
| of court. Take the case of Jos. Green.
Colts told him that if he did not pay
him a certain claim, he would go be-
fore the grand jury and have him in
dicted for Sunday selling and make it
cost him ten times as much as the
claim. Was that not barratry?
| Take the Bachman case. 1t was drop
| ped because the complainant failed to
| prosecute Then Mr.. Colts took it UP, and
| says he acted as the agent for Clark
| man whom he had never seen. Bachman
| was charged with embezzlement, a felony.
! Could Colts, of his own knowledge, swear
out a warrant charging that Bachman
| stole 500? Was that stirring up some
| body elses claim, or a Colts claim?
Not satisfied with stirring up criminal
| prosecution inside of six months, Col, Ar
nett asks that he be not held as a COM
mon barrator-a man who runs up and
down the town without any especial bust
| ness, buying up claims and suing upon
them. He buys C. little God-forsaken
claims that have been on the docket and
which the justice never tired to collect.
He says Col Arnett has been his lawyer
for So years L wonder that he has not
| been corrupted by such long association.
| Then he goes to a convenient justice, Mr..
| Haberfield who, like necessity,
| KNOWS NO LAW"
and brings action to vex and harass peo-
pie, even trying to collect judgments
against judgment creditors.
One of these claims Colts presented to
| Stifel &, Co. and that firm, rather than
| go into the expense and annoyance of 1T
| igatfon, paid a bill which it did not owe.
| A similar case was that of H. E. Hillman.
! L congratulate the citizens of Wheeling
that they have only one w. ]. Colts
| among them
| Colts tried to purchase the Leiner claim
| against Mrs. Egerter, because she was a
| relative of Anton Reyman, against whom
| he had a grudge. He wrote that unless
| Mr.. Reyman paid him his price for
| piece of property belonging to him. he
| would nave the park indicted for Sunday
selling. He stirred up another neighbor
for the purpose of trying to prevent the
| building of the Elm Grove.
| Taking up the tax cases, Mr.. Pendleton
| compared the Ohio county informers with
| the informers of ireland. Colts said he
| acted as clerk for Bird but on cross ex-
animation he said he would have received
a big slice of the money if the tax cases
| We're successful. Was he not arch-con-
spirator and head devil in the whole mat
ter? 1 think he was. and 1 also think
every man within the sound of my voice
holds to the same opinion.
Mr.. Pendieton asked that Colts be held
to await the action of the court. Col. Ar
nett asked the court to examine the au-
thorities.
Justice Greer said he had given the evil
dence and the law careful attention DUR
( ing the progress of the trial, and had
reached the conclusion that his was SIM
ply a court of inquiry to determine
whether or not there had been probable
cause, and if so, to hold the accused lie
had reached the conclusion that there was