Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-04-07

The hearing CT the case OF state VS..
Justice John G. Haberfield, the third
case in the barratry proceeding, was
had yesterday afternoon before JUS
tice C. S. Greer The State was repre-
scented by the Hon. John o. Pendleton.
Justice Haberfeld defended himself.
There were in all about fifteen wit
nesseS examined.
The State attempted to prove that the
defendant was connected with the IA
NOUS tax cases in another than
an official way and also sew
eral other smaller alleged bar
ratrous proceedings, as in tie
case against Lawyer McCulley. But the
main point which the prosecution en-
deavored to establish was Justice
Haberfie]d's connectiou with clique
alleged to have been formed against
Samuel Sloan, formerly janitor at the
City Building, by w. J. Colts, Joseph
Hasenauer and the defendant.
Mr. Pendleton, as was partially
brought to light 10y Mr.. Sloan's testi-
mony yesterday, said that Haserauer
owned a claim against Sloan at largely
usurious interest. On June 29, 1898,
Hasenauer sold his claim to w. J.
Colts. On the following day Hasenauer
and Colts went over before Justice
Haberfeld, where Hasenauer swore out
a warrant against Sloan, accusing him
OF obtaining this money under false
pretense, the penalty for which is not
less than two or more than ten years
in the penitentiary. Justice Haberfield
held Sloan under $500 bond for his ap-
pearance before the grand jury. Colts
and Hasenauer afterwards obtained or
ders from Sloan on the city fer the
whole amount of the claim.
Sloan, being a public officer, was
afraid to fight and was scared, accord
ing to Mr.. Fendleton, into giving these
orders. The Justice has since sup
pressed the criminal charge, and Sloan
has never been sent before the grand
jury.
Mr.. Pendleton also said that he had
used the warrant in the proceedings
against Colts, and that On the back OF
the warrant in the criminal proceed
ings Justice Raberfleld had endorsed
that the matter lad been amicably SCI
fled between the parties.
The mere fact that the Justice sup
pressed the case just cited, Mr.. Pendle-
ton claimed. showed that the defendant
was guilty of compromising a felony,
which is one Of the highest types OF
barratry.
Justice Haberfeld in his speech de-
MED the allegations made by the prose-
cution and read several sections from
the code, which he claimed governed
his actions and rulings in the cases in
which he was charged by the defense
of committing barratry. At the con-
clusion the matter was given to the
court for decision.
Justice Greer in rendering his deci-
sion said that the only question in his
Vi lu6 UcLeiludnI . IlOI etSIIAiS ~
cording to the law was in the pro-
ceedings before him (the defendant
against Mr.. Sloan. He consider
ed compromising a felony and barratry
TO he different and distinct charges.
AS for holding the defendant under the
charge of compounding felony he con-
sidered it out of his jurisdiction. There
fore he dismissed the case before him
against the defendant on the charge
CT barratry. After the decision Justice
Haberfield went over and offered his
hand to both Mr.. Pendleton and Mr..
Bachman, both of whom accepted the
token of good fellowship.
After the hearing H. E. Bachman
stated that he would not let the mat
ter drop, but would make 9 tempt
to indict Justice Haberfield b-i3re the
grand jury.
ATTORNEY J. e. w. MCULLEY
Held For the Grand Jury on the
Charge of Barratry-Bail Furn-