The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-03-08
TURNED ON COTS.
Harry Bachmann Swears out
Warrants Charging Barratry.
SEVERAL OTHERS INVOLVED
Including Attorney McCulley, Con-
stable Anderson, Constable Waite
and Squire Habcrfield Tho men
Gave Bond to Appear Before JUS
tico Greer on March History of an,
Interesting Controversy.

William ]. Colts has figured at the
prosecuting end OF so many legal pro-
ceedlngs in the several courts OF justice
IN this community. that 1t seems strange
to record the fact that he has run up
against the other end, the undesirable
end, and has actually been arrested and
compelled to give bond before the hard
hearted officials would consent to his
release from durance vile.
Mr.. Cots companions In misery are
four citizens of more or less prominence
in legal and justice-shop circles. Justice
OF the Peace John G. HaberHeld. At
torney ]. E. W. McCulley, Constable
John Anderson and Special Constable
George Waite. All except the last
named were served with warrants from
Justice Greer's court yesterday after
noon. charging them with the offense
technically known as barratry.
Webster's definition of barratry Is as
follows: '.The practice of melting and
encouraging lawsuits and qunrrels"
The warrants served on the five men,
toned, state further: "He was and is
yet a common barrator. stirring up,
moving and procuring strife. quarrels,
suits and controversies among the peo-
pie to the common nuisance of all the
people of the state. and against the
peace and dignity of the state"
Messrs. Cots. Haberfield, McCulley,
Anderson and Waite viii have an 0p-
portunity to disprove these charges In
the court Of Squire Greer on March Il,
next Tuesday, and IL they are dlsprov-
en- the cases drop. but II they are NOT
disproven the defendants will be held
for action by the next criminal court
grand jury.
Barratry Is not q statutory offense in
this state-it is common law offense,
and some OF the lawyers differ whether
1t Is felony or misdemeanor; at all
events 1t is serious offense and YER
dict Of guilty would involve both fine
and imprisonment IL the court were 50
disposed.
The warrants were sworn out by
Harry Bachmann and were served by
Chief of Police William Clemans.
Bachmann appears to be after Cots
primarily, and goes after the others as
a side Issue. Colts, 1t seems, bought
claim against Bachmann that was held
BY Wilbur Clarke, n New York apple
jobber. Clarke sent Bachmann car
load of apples some time ago; Bach
mann reported that the apples were
spoiled before he could dispose Of them
here, and for that reason did not remit
There the matter ended until Colts
bought up the claim and. after futile
efforts to secure a settlement from
Bachmann. he had him indicted by the
criminal court grand jury that sat on
Monday OF this week, on 4 charge of
misrepresentation OF monies or goods
belonging 70 Clarke.
Upon the finding Of the indictment by
the grand jury. Bachmann proceeded to
go after Colts via the ''barratry" route
II Is understood he will, through his
attorneys, Messrs. John o. Pendeton
and John ]. Coniff, push the prosecution
to a finish, and bring out the tax In
former" transaction: OF last summer
which aroused such Indignation In the
community at the time, in fact the
bringing in of Messrs. Haberfeld and
McCulley would indicate as much. 1t Is
also said that the sale of the John An
dersoa claims to Colts. who is now en-
deavoring to collect them. will also fig
ure In the barratry proceedings. and the
connection OF Constable Anderson with
yesterdays sensational proceedings
seems to indicate the truth of this as
sertion.
Messrs. Colts, McCulley, Haberfeld,
Anderson and Waite gave bond for
their appearance before Justice Greer
on March Il.
Needless to state, the public is taking
q lively interest in the matter, and 1t
wouldn't be possible for Justice Greer TO
secure Il court room large enough to
hold all the people who will want TO
witness the hearing on next Tuesday.
Only once In this county has there
been an Indictment for barratry. This
was on September 3, 1891, when the
circuit court grand jury. of which Mr..
John Frew was foreman, found an in
dictment Tor barratry against Melissa
McGlumphy. She pleaded not guilty,
but on trial was found guilty and fine
OF $25 was assessed.