Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-07-08
BAIL WILL BE ACCEPTED
For kid" Wanko-Lengthy Opinion of
Judge jackson in The Case.

TOT NIT NdbhO-AtiSthy Piiic "
Judge Jackson in the Case.
Special to the Register.
PARKERSBURG, W. Va, July T.
Judge j. NJ. Jackson, of the Criminal
Court, rendered his decision to-day in
the habeas corpus proceedings for the
release of George, or kid" Wanko,
the young Washington, Pa, pugilist,
held ON a murder charge, caused by the
death of Felix Carr, of st. Adams, after
the glove contest at Fries Park, near
here, on the night Of June 20. The
Judge, who desired to review thorough
ly the evidence in the case, the parties
testifying all being badly mixed as TO
how the blow which. it is alleged,
caused Carr's death, was delivered, took
much interest in the proceedings and
after a thorough Investigation, an
nounced this morning that the prisoner
could be admitted on a bond of n
thousand dollars, with one or more
good sureties.
JuuSc JdChSOl > OplIllOu was q fCly
lengthy one, and his remarks were
those of one who carefully investigated
the case. He could not see where the
testimony s~ubstantiated the charge of
first degree murder. Although both
men had never met until ready to go
into the ring, no feeling of animosity
was shown, and no evidence was intro
duced by the State to show that any
i'll feeling existed, and although the
men went to the scene of the battle
with the intention of having a boxing
contest, it was shown by the testi-
monyt that the contest not only termin-
ated in fierce fighting, but was brutal.
The common law regarding such cases
was read by the judge and showed
that in the case of a contest resulting
fatally for one of the contestants, that
it might be termed second degree muir
der, punishable by the confinement of
all parties concerned, the fighters, ref
cree, time-keepers, seconds and specta-
tors, to not less than two nor more
than ten years in the penitentiary.
The court called attention to the con-
tract, which only bears the signature
of Wanko, and that signed by his man
ager, which. in the beginning, called
for a boxing contest, and before ending
says: Should the winner of the fight,
etc." which the court put great stress
upon, and was very considerate towards
the accused. but said the last expess-
ion of the contract said plainly the men
went into the arena for the express
purpose of fighting, and although it
was shown in the testimony they shook
hands, that signified nothing, as he
had read of the big prize fights of JEFF
fries-FitZsimmons, and others, and al
though they shook hands, they were
bitter towards each other, and the con-
tests were of the most brutal nature.
But taking all testimony into consid-
Grafton, Judge Jackson was of the opin-
ion that the men were not of i'll feeling
towards each other and bail should be
allowed Mr.. Wauko, whom he could not
see was guilty OF murder as charged in
the case. but. according to the testi-
mony, an offense was committed, and
it was his duty to require sufficient
bond to insure the appearance of Wan
ko before the court, the grand jury be-
ing the body to determine the gravity
of the offense.
Wanko, who was present all during
the lengthy decision rendered by the
court, seemed much pleased over the
result of the effort to be admitted on
bond, and his friends are ~endeavoring
to ecure bondsmen to-day.
Probably the most important refer
ence made to the affair by the court
was regarding the spectators present,
who, in his opinion, were as guilty as
any other parties to the affair, Judge
Thomas E. Quinn, a ~well-known poll
tician, being referred t by the court
as having been in the vicinity of the
park at the time and hearing of the
contest went to the scene. and al
though he only saw . portion Of 1t, be