Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-08-23


/ Back and Make Other Arrests.
! Several days ago the Chief of Police
Of this city received telephone mes
: sage from Fairmont asking him to ar
rest one Name Burwinkle, alias jean
/ cite Howard. and hold her until the
] Marion county officer arrived. Chief
/ Clemans had the woman arrested and
telegraphed back to send an officer.
Deputy Sheriff James L. Kelly, of
! Marion county, came at once, arriving
| late yesterday afternoon, and demand
ed the prisoner, who had been de-
tanned at police headquarters. He
! showed his warrant to Chief Clemans,
who called Squire Rogers over to see
if it was good.
Squire Rogers said it was all right
j and added that he would have nothing
to do with the case. Attorney ]. B.
Handlain then said it was not good.
but Squire Rogers still insisted that it
was. Mr.. Kelly then secured the serv-
| ice of Attorney John o. Pendleton and
upon his advice notified Chief Clemans
that he must have the prisoner. Chief
Clemans replied, asking Kelly to wait
said he was telephoning to the City
| Solicitor. In the meantime the mother
of the girl, on the advice of her attor-
ney, went before Squire Fitzpatrick
and swore out warrant for her daugh-
ter on the charge of being not of good
| fame.
Mr.. Pendleton then advised Kelly to
| go in and execute his warrant. This
Kelly did Then Constable Stoehr
came in and took the prisoner on whom
Kelly had served the warrant.
| Kelly tried to get the woman to the
| Jail, but the constable pulled the wo-
man over towards Squire Fitzpatrick's s..
A large crowd had collected by this
time
| At the Mckinley corner Kelly alleges
that Squire Fitzpatrick came up,
struck him on the breast and told him
to let the woman come to his Office.
When Kelly went to Fitzpatrickls Of
! fee he claims that he was refused ad-
mittance.
John Shorts, the B. & o. detective,
was on the train on his way from
Cumberland to Littleton, when Mr..
Kelly boarded the train at Fairmont.
He said he did not know any one in
Wheeling, and persuaded him to come
here with him and introduce him to
the Chief of Police. This Mr.. Shorts did.
! Mr. Kelly returned to Fairmont last
night and stated before his departure
that he will return this morning, init
mating that additional arrests will fol-
| low.
Mr.. Kelly claims that the section of
the statute applies, which is here
quoted:
Section 17.-Any person who by
| threats, menaces, acts or otherwise
! shall forcibly or illegally hinder, OBJ
j struct or oppose, or attempt to OBJ
struct or oppose, or shall counsel or adj
wise others to hinder, obstruct or OPP
pose any officer in this State (whether
civil or military in the lawful exercise
or discharge of his official duty, shall,
for every such offense, be deemed gull
ty of misdemeanor, and on conviction
thereof shall be fined not less than
$50 nor more than $500, and may, at
the discretion of the court, be impris-
| oned not exceeding one year
The warrant for the woman was
sworn out by Mayme Jones before
Squire Flemming, at Fairmont, and
charges her with stealing clothing and
other merchandise of sufficient value
4 IN ba "a vi
story is very different, she admitting
that she owes a debt, but denying that
she has been guilty of any criminal
| conduct She boarded with the Jones
| woman, and says she owns the blue
silk dress which the Jones woman
claims as her property. jeanette How
ard further alleges that it is practice
in Marion county to indict women OF
i'll fame, but to not execute warrants
for them unless they are ready to leave
the place.
Chief Clemans, who is charged by
Kelly and Shorts with delaying mat
tiers in the interest of keeping the girl
| here, denies the charge emphatically
In explanation of his course he says
he did not have the authority or the
ability to decide points in controversy
between attorneys. One lawyer said the
warrant was defective, the other that
it was good, and he consulted a disin-
terested attorney, Mr.. Nesbitt. Mr.
Nesbitt said the warrant was regular
and he turned the girl over to Deputy
Kelly. Five minutes later Constable
Stoehr served the warrant issued by
Squire Fitzpatrick, while Kelly was
out getting his supper.
Chief Clemans further states that
when Kelly arrived he offered to drop
the prosecution if the girl would pay
the costs and settle with the Jones
woman. Chief Clemans declined to en-
ter into such an arrangement on the
ground that it would be compromising
a felony.
The girl was committed to Jail by
Justice Fitzpatrick. and further devel.
opments in the case will be awaited
with interest. She has lived in Benwood
and in Wheeling and is well known
here.