Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-02-15

Justice would investigate entirely. At
the time 1 didn't expect TO be present.
The witness eafd hts vieWs had been
changed as to his appearance by q re-
mark by Judge Hervey that there
should be a full hearing and witnesses
be brought by either side. The hear
ing proceeded Immediately after the re-
mark by the Judge. Witness was not
in the Court room in time to hear the
first witness. but he returned and sug-
gested questions.
Q.-You appeared in time to get the
Justice not to allow the witnesses sum-
mcned to testify? Al do not remem-
Der.
Q.-You do not? A-No; it may
have been done, but ! don't remember.
Q.-When DR.. Hissom was called, you
objected to his being sworn on the
ground that he was insane, and was not
a capable witness? You did that? A.
Yes; / probably made IN objection I'm
that way. There was 10 argument-no
persuasion
Q.-There was no need of that? COB
lection; sustained). You arranged with
the Justice before you had your a
rant? A--No.
Q.-You did not? A.-No; there wal
no private conversation. ! remember
no private talk, and no agreement
whatever.
Q.-Was there not an agreement al
to who should serve the summons? A.
AS / stated before
Q.-Beg pardon, you did not state 1t
before. You arranged to have the a
rant served by the people You visited?
A.-Yes-by the police. At the time
the warrant was issued / told him the
wishes of the family aus to the serving
of the warrant, and he gave it to the
police. / came in there to see the
police. My best recollection is that it
was not to see Squire Greer. / told
them of the proceeding and it was
agreed that the warrant should be serv-
ed by the police. Justice Greer just
happened to be in the office. There
was MO arrangement am very posi-
tive about that.
Ole knew about the talk with the
police? A.-Probably he did.
Q.-Was there any Doubt that If he
issued the warrant, the police should
serve it? A.-Probably not.
A little later, after a question or two,
MI. Hubbard asked:
Q.-Then you did have a private ar
rangement with the Justice as to the
proceeding? A.-As to the proceeding,
no. The arrangement was that the
warrant would be served by the police.
Q.-And you dad net intend to dis
miss the warrant before Squire Fdtz-
patrick and go to Justice Greer unless
THE police would serve the warrant?
A.-No.
Q.-And the reason you took the pro-
ceedfng from one Justice and gave it to
another was because you understood the
warrant would Toe served by the Sher-
if or by a county constable? Ale
said he did not give warrants ito the
police, but it would be served by the
Sheriff OF a constable.
Q.-And you knew that was the law?
Al did not.
CIT was not important to you what
the law was? Al knew it was i'm
portant that the son should not he al
lowed to go home, because his mother
believed he would kill his father. That
was the motive, and the only motive.
Later Mr.. Hubbard asked:
Q.-You went ON without reference to
the law? Al believed the service of
the warrant by the police would be
legal.
The witness said the original Justice
suggested the Sheriff or a constable, be-
cause they would be responsible ON
their bond. He added that he never
had any experience before with a lunacy
proceeding.
Q.-And you never will have again,
will you? Al can't say; I may-(ob-
jection).
Still later Mr.. Hubbard asked:
Q.-It is an unusual degree of zeal,
isn't it, when an attorney puts himself
in as a party? A.-No; l had no idea
that allowing the use of my name would
put me in the position of a real party.
Odd you ever know an attorney to
do that before? A.-No, sir, I did not.
CIT Is a remarkable degree of zeal,
isn't it, that allows an attorney to put
himself forward as the person making
a complaint? Alt would be if l had
thought / was becoming the real per-
SON.
Q.-That is what you did, didn't you?
y y = Had you no sense of propri-
ETY.? Collection; sustained).
Q.-The warrant is directed to the
Sheriff or any constable of the county,
is it not? Al see it is.
O.-It is a printed form? Ayes.
Q.-AEId they always read the same
to the Sheriff or any constable? Al
think they do.
eff they do, can you make any
explanation of why you thought the
police should serve it? A.-None, ex-
cept the one l have given.
Q.-Tell us the rest of the talk with
the police? AT police headquar-
ters?
Q.-Anywhere? Did you talk with
the Chief of Police about the matter?
Al may have done SO. l don't re-
collect.
Q.-What? Al spoke to some
one at headquarters.
Q.--Who was it? I can't recollect.
Q.-What is the trouble with your
memory? Alt has been a year ago
Mr.. Hubbard; it is not fresh in my
mind.
The witness said he did not expect
the coming case, or to be called
as a witness until the case was set for
trial. 81 didn't know certainly"
Q.-You didn't know certainly?
Was there any doubt of it?
To this the witness said he didn't
feel that he was responsible for the