The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-02-15

was using the wife % Toll and had
put re mqnoy IN her hands The VII.
Hess at9ast recplltct positively = ne
innary hearing Whuther ne stated Q
ut. S. 9 Smith that ha repfesentef
MrE. Hissam; had We 70 stated, witness
believed be did 70 because her name
was on the warrant
At MOTHERS Bequest
The mother Was present Vt some Of
the Interviews had BY witness with Mr..
Hlssom when the sons case was being
Considered. MrsEwins insisted that Il
TaE At Nlrs, Hlsson's Immediate In
stance that the proceedings were begun.
Asked ~ TO ihs night Of the doctors
arrest, Nr. Ewing was asked to relate
a Conversation with Attorneys Smith
and Robinson. The meat in the con-
versaton was Mr.. Ewing's remark 10
the Others, What have YOU 70 do With
witnesses?"
Air Ewing gave his Views on ths mat
ter Of proceedings conducted by JUS
tle9 OF the peace under tha ntatutR- He
theught the Investigation would BE- con-
Quoted By the justice, who would SUM
mon the witnesses; that the justice
would conduct the Investigation With
out counsel and witness HADN'T intena-
ed 10 appear. HIS view was changed
after hearing a remark from Judge
Hervey that there would have to be u
full herring. This remark was made
some days after the conversation with
ApssEs Smith and Roblnson-
Mr. Hubbard then asked Mr. Ewing
whether he OBJECTED to Squire Greers
summoninE Witnesses. Mr.. Ewing had
no recolleedons OF 1t. He recalled that
he clhimea to the Justice that DR.. His
nom was not competent TO testify. but
Mr.. Ewlng said he used no persuasion,
and he denied having any previous prl-
yatq arrangement with Squire Greer,
Al the time the warrant was issued, he
told the justice Of the wishes of the
family as to who should execute 1t. He
met Squire Greerin the police once ac-
cidentally. The parents wanted police
men TO serve the warrant, Mr. Ewing
said the only arrangement was to that
effect, His reason for taking the war
rant from Squire Fitzpatrick to Squire
Greer. was because the former said he
would have to put 1t In the hands OF the
sherIft The only motive for having
the police was that the family didn't
want the son to go from the train to
his home, as they were afraid he would
shoot the father. Mr.. Ewing was close
ly questioned by Mr.. Hubbard whether
no didn't know that the sheriff was the
proper authority to serve the warrant,
and whether the Justice hadn't suggest-
ed the responsibility OF tbs sheriff in
this connection He presumed he show
ed the same zeal counsel usually Dies
for clients, Mr. Ewing said he had had
very little experience in lunaey mall
tiers.
The Zeal Displayed.
Mr. Hubbard asked II 1t was not an
unusual degree OF zeal that prompted
the insertion Of Mr. Ewing's name in
the information furnished Squire Fitz-
patrick. Mr. Ewing said he stated to
both justices that his name was used as
the attorney. and he thought his
NAME being used In the complaint was
all right. he adding that 1t was the first
Iuuacy warrant he was ever connected
with. The warrants before both squIres
were shown the witness, and Mr.. Hub
bard laid weight on the fact that these
warrants ere always made out to the
sheriff or coustables. the plaintiffs at
torney in this following a line Of ques-
tloning that getting the police to make
the arrest was an impropel proceeding.
Mr.. Ewing said that while he swore out
the warrants. he felt Certain that he
indicated to the Justices that he acted
merely as attorney He had no motive;
he acted only in the discharge OF his
professional duties, and fel. perfectly
warranted in his actlonn
Mr.. Ewing remembered no cunyersa-
ton with the chief Of police about the
arrest. and insisted he was not attempt
ing to conceal any Of the facts Mr..
Hubbard tried to assist his memory.
The witness repeated that It was
though, bitter facilities were had by
the police FOR a prompt ana effective
arrest. He had understood the police
were personally acquainted with DR..
HIssom and could recognize him on
sight. ana he probably may have as
sumed that the chief would assign that
officer BIekert6n and other officers who
knew the doctor would be assigned to
the duty; but he had no assurance Of
it. He did not know II any Of the
sherlf's force knew the plaintiff. He
thought there would be less failure to
apprehend him II the police. instead Of
the sheriff, were employed.
Mr.. Ewing, while entertaining some
doubt, thought he had suggested to the
officers that 1t would b. better II they
| got on the Ohio River train coming to
wheeling With DR.. Hlssom. Mr.. Ewing
did not aequiesce in Mr., Hubbard's In