Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1899-08-27
4 TINE Of ON[ HUNDRED
Assessed on ". ]. Cots, in the
Criminal Court, Yesterday,

1
AS A PUNISHMENTMENT FOR HIS
CONVICTION FOR BARRATRY.
THE DEFENSE TOOK A STAY
OF NINETY DAYS, IN ORDER TO
! ENABLE THEM TO APPEAL TO
THE CIRCUIT COURT - SOME
SHARP TALK BY ATTORNEYS.
In the Criminal Court, Judge Hugus,
yesterday morning, the case of State
VS.. w. ]. Colts, convicted of barratry,
was called, and after arguments by
counsel the Court overruled the pend
ing motion and assessed a fine of one
hundred dollars and costs, but imposed
no Imprisonment. The defense asked
for a stay of ninety days, to enable
them to take an appeal TO the Circuit
| Court.
In making his opinion on the motion
for new trial Judge Hugus said,
| among other things:
/ On demurring to this indictment
counsel for defendant assigned as a
ground of demurrer that the indictment
did not charge the offense to have been
malciously committed This point is
| again brought up in the argument of
the motions for a new trial and in ar
/ rest of Judgment, and is further ac-
centuated by the contention that the
proof must show actual malice
After quoting authorities, the Judge
! proceeds:
In felonious cases of some kinds
malice is responsible for the crimes, but
in most instances it is love of gain
Such is frequently the case in barratry
! violations.
| while malice need not be alleged in
| the indictment, it will not hurt the case
/ if the evidence shows that defendant
was actuated by actual malice or by
/ any other unworthy motive. The speci-
| fications of barratrous acts filed with
! the indictments sets forth a number of
| suits criminal and civil, in which the
| evidence duplicates the defendant as a
mover and instigator thereof. And the
evidence further shows that the public
welfare and the public good were in
none of these cases the objects sought
| TO be advanced, but that the
real object sought was the extortion
! of money. The recklessness with which
| these suits were brought and the man
ner in which they were managed show
| bad motives beyond a reasonable
| doubt
| The court discussed the instructions
at some length, and regarding the Bach
| man case said
| so far as the Bachman prosecutions
are concerned there is considerable evil
! dence to support the idea that the hui
initiation and torture ensuing from the
| prosecution were anticipated by the de-
! PENDANT and looked upon as tri-
umph."
Prosecuting Attorney Meyer, address,
ing the court, said that the State had
nothing to suggest as to the punish
| ment being content to leave that With
| the Court in his discretion. He thought
| however, that there should be lmme-
! diate action.
| Hon. John O. Pendleton. of counsel
| for the State, addressing the Court,
said:
He has not shown a single evidence
| of repentance He is as bad now as he
was before the trial. After a full, fair
and impartial trial. lasting eight days,
what happened? The jury found an
unanimous verdict of guilty. Guilty
| of what? Guilty of trying to collect
civil debt from dead Samuel Sloan on
a charge that, il established, would
have sent Sloan to the penitentlary for
a number of years. Guilty of what?
Guilty of instituting two criminal cases
against H. Bachman to collect a civil
debt, which, if they had been success
full, would have sent the defendant TO
the penitentiary for number of years.
Guilty of harassing large number OF
our citizens for the sole purpose OF col
lecting from each an Insignificant sum
of money. If he had shown repent
i ance there might be some mercy. We
ask for a sentence commensurate with
the crime. | don't believe his feelings
are Furnishing him one bit. His feelings
have certainly not hurt him any more
than his prosecutions hurt the reputa-
lions of Bachman and Sloan
Mr.. Dryden, of counsel for defense,
addressed the Court, and on the ques-
ton of punishment said:
1--WE recognize that this question lies
wholly within the discretion OF the
Court and it is final Already an I'M
measurable. unspeakable, unreliable
nunishment has been suffered by this
defendant, beyond perhaps the concep-
ton of the court. The very fact that
a citizen of this county is accused of
being a common barrater and be held
IN as such by the newspapers, in this
CITY as we'll as all over the country,
causes mental anguish that cannot be
appreciated by those who are not in
his position. Not only has Mr.. Colts
been punished in mind, but in pocket
hook as well Who can tell the finan-
cial loss he has sustained? myself
know of his losing a position worth
So 900 per year because this charge was
brought against him. In view of what
has taken place already | do not think
there should be any punishment. No
body has been injured by his actions.
He has already been injured more than
ali of those who appeared against him"
The Judgment of the court followed,
as recited above.
OPTICIANS know who understands
their business That is the reason H.
". Ewalt, the optician, left all his pa
tents ard prescription books in Prof.
Sheff's hands, as he knew they would
troQ frr7Qn nj ffr