The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-08-31
CAPT ] J. CLEMANS
HAS "a { FILED | j !: / The
y. !. DECLARATION
In BIS Suit Against Councilman
John Waterhouse for s25, 900
Damages, and Alleges
.DEFsMATORY ALLEGATIONS
We're Made by the Councilman to thu
Damage Of His Reputation as
an Honest Official.

an Honest Official.
The expected declaration BY Chief O.
POLICE William clemans in his suit for
$4,000 damages against Councilman
Johns aterhouse, was filed yesterday
in thelclrcuit clerks office by the chief's
attorneys, iMessrs.. Howard and Hand
Ian, and is as follows:
And the said plaintiff says that the
said defendant, well knowing the prem
ises but contriving and maliciously
and sRlckedly intending to insult the
said plaintiff and to flnjure him In his
good lname. fame md credit, and to
bring him Into public scandal, intamy
and disgrace, and to cause 1t to be sus-
pected and believed, by and among the
said plaintiffs neighbors and other
good tand worthy citizens of this state,
that the said plaintiff had been and was
guilty Of accepting brides and for hire
and reward not enforcing the laws rs
chief2of police OF the, city OF Wheeling,
municipal corporation, and OF being
otherwise q mean and unworthy per-
son, didEon the 18th day OF August, a.
D., 1900. In the council chamber OF the
first branch of Mcconnell of the city of
Wheeling. aforesaid during u session
OF the said branch OF council, then and
there being held. in the presence and
hearing ofiAndrew Sweeney. Charles C.
Schmidt, Matthew A. Chew, H. v. Ar
kle and divers other good and worthy
citizens :of! this state, then and there, in
the presence Of! the said last mentioned
citizans. falsely and mallciously and
with the Intention TO insult the said
plaintiff. speak and publish, OF and con .
corning the said plaintiff. the false, ma
liclous, adefamatory and insulting words
following. which the plaintiff AYERS to
be from their usual construction and
common acceptance construed MS In
suits and tend to violence and breach
OF the peace, that is to say:
The chief of police (meaning the
said plaintiff) is being paid by the H.
quor dealers association (meaning the
association Of the saloonkeepers and II
quor dealers OF Ohio county, to allow
Sunday selling tmeaning the parmiss-
ion tof the unlawful selling Of intoXIcat-
ing liquor within the cit! OF Wheeling
on sunday, and can prove II, IL rec
ess4ry, (meanin2 the defendant could
prove that the, said plaintiff accepted
money from the said liquor dealers as
ISOLATION, as u bride to allow the I'M
lawful sale of Intoxicating liquors on
Sunday and failure 10 enforce the
law. pertaining thereto, and that the
saidHdefendaur could prove that the
ald.plalntiff accepted money for the
said purpose and by reason of the
money so paid to him. permitted un-
lawful sales Of intoxicating liquors on
Sunday) ,,iI
And for this also. that whereas, the
said plaintiff Is the city sergeant of the
citydof Wheeling. municipal! corpora
ton, and as such has always honestly
demeaned himself in, the administration
OF the affairs of his said office, and un-
til the committing OF the grievances OF
the said defendant: rs hereinafter men,
toned was always reputed. esteemed
and accepted by and amongst all Of
his sneighbors and other good and
worthy citizenE Of this state. 10 whom
he was known TO be capable. efficient
nnd5honest officer, whereby the said
plnlntiH before the committing Of said
grievances by the said defendant as
hereinafter mentioned, has deservedly
obtained the good opinion and credit of
all his neighbors and of other good and
worthy citizens of this state to whom
he was known.
And the said plaintiff says that the
said defendant. well knowing the pre-
misses. but contriving and maliclously
and wickedly intending to insult the
said plaintiff, and to injure him In his
good name. fame and credit as such
sergeant, and to bring him into public
scandal, infamy and disgrace. and to
cause II to be suspected and believed
n,. mr. v,d ~, I otnl, ~
nalghbors and other good ana worthy
citizens Of this state and the citizens OF
the said city Of Wheeling aforesaid,
that the said plaintiff has been and
was guilty Of accepting bribes In his
said Office of sergeant, and for hire and
reward failing to enforce the ordinances
OF the city OF Wheeling as such ser.
gelnt and being otherwise mean and
unworthy person. did on the 18th day
OF August, 1900, In the presence and
hearing of Andrew Sweeney, Charles c.
Schmidt. Matthew A. Chew, H. V.
Ankle and divers other good and worthy
citizens Of the state, then and there In
the presence and hearing OF the said
lpst mentioned citizens. falsely and
n\aliciously and with the intention to
inAult the said plaintiff. speak In pub
lie, of and concerning the said plaintiff
the ,S1lse. scandalous. malicious. de-
famatory and insulting words follow
ing,S which the snid plaintiff nvers to
be from their usual construction and
common acceptatioT construed rs In
suits and tend to violence and breach
Of the, peace, that is to say: "The chief
OF police (meaning the said nlalntir) Is
being paid by the liquor dealers asso-
ciaticn (meaning the association OF ga
loon keepers and liquor dealers OF Ohio
connty), to allow Sunday selling,
(menning the permission of the unlaw-
fu1' selling OF intoxicating liquor within
the city of Wheeling on Sunday. and I
can prove II IL necessary tmeaning that
the said defendant could prove that the
plaintiff accepted money from the IL
Guor dealers association as n bride to
allow the unlawful sale OF Intoxicating
liquors on Sunday, md n failure to en-
force the law pertaining thereto, and
thnt the defendant could prove that
TIM plaintiff accepted money for the
said purpose. md by reason OF the
money so paid 10 him, permitted said
unlawful sale of intoxicating liquors on
Sundny)
by means OF which said premises,
and by reason OF tho matters In the
first and second counts In this declara-
tlon mentioned. and complained OF, the
said plaintiff sEys that he has been
greatly injured and damnifcd to the
damnge OF the said plaintiff $4,000, and
therefore he sues" 81