Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-03-08
ARRESTS FER BARRAIRY.
Sensational Criminal Proceedings
Against W. ]. Colts and Others.

Against w. j. U0ttS duQ Utu6IS.
TWO CONSTABLES, A MAGISTRATE
AND AN ATTORNEY ARRESTED
WITH Colts UPON WARRANTS
SWORN OUT BEFORE JUSTICE
GREER - TWO ACTIONS FOR
DAMAGES, FOR $4,000 IN EACH
CASE, AGAINST Colts - THE
PRELIMINARY PAPERS FILED
WITH THE CLERK OF THE CIR
CUT COURT.
The series of litigations which orig
mated with VIM. ]. Colts, and with
which the public is generally familiar,
reached eliminating point in the pro-
ceedings before the Criminal Court
grand jury, and yesterday Colts and
others were made defendants in suits
by way of recalcitration- Colts pur-
chased claim against H. E. Bachman,
and upon the evidence of himself and
others, had Bachman indicted for fell
Ony by the grand jury.
Yesterday morning matters took a
turn and Colts appeared in the role of
defendant instead of plaintiff. Justice
of the Peace C. S. Greer issued warrants
against W. J. Colts, Constables John
Anderson and George Wait, Squire John
G.. Habberfeld, and Attorney j. W.
McCulley, charging each Of them with
barratry. Barratry is criminal Of
Tense under the common law, but there
is no provision for its punishment in
the statutes of West Virginia. 1t is
defined as the melting and maintaining
of persistent, veXatiOus and malicious
litigation. The warrants were all
served and the defendants furnished
bond for their appearance for q prellm-
mary hearing. Hon. John 0. Pendle-
ton represents Bachman, and will assist
in the prosecution of the barratry cases.
Mr.. Colts troubles did not end with
the charge of barratry against him.
During the day Mr.. Pendieton appeared
in the office Of the clerk of the Circuit
Court, and filed the preliminary papers
in two heavy damage suits against w.
J. Colts. One was brought for James
A. Henry, and the other for H. E. Bach
man, and each fixes damages in the sum
of $4,000
Mr.. Henry's case is also interesting.
Colts bought of Constable John Ander-
son a number of bills of costs. One OF
these was against Mr.. Henry. He
brought action before Justice James A.
Dunning, and was given a Judgment
for the full amount. Henry appeal
ed to the Circuit Court, where he was
granted a writ of prohibition, restrain
ing the justice from proceeding to col
lect the judgment.
The public is more or less familiar
with the litigation with which Colts
has been connected during recent years.
The first really prominent matter was
the Baker street property, which he
owned, and which the city and the w.
& E. G. railway desired to use. Suits
against city officers who tried to en-
force a passage through corner of the
property were $50 the outgrowth OF
the controversy.
A little later, when it was proposed
to present a table service to the gun
boat Wheeling, Colts undertook to get
an injunction from the Circuit Court
to restrain the city from payment of
the money involved.
Colts also figured prominently in the
tax suits instituted few months ago
by a man named Bird, Mr.. McCulley ap-
pearing as counsel. These cases Gre
ated a sensation at the time, and no
small amount of uneasiness, which was
removed when the matters were drop
ped on account of a decision in the
Circuit Court.