Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1900-07-22


fore the Matter Was Brought Up
I'm Court.
Billy Morton, the gambler, who has
been under arrest here for several days
on charge of being a fugitive from
justice in Indiana, almost succeeded in
getting his liberty yesterday. When
arrested ne offered to go back without
/ requisition papers. Later he secured
an attorney and steps were taken to-
ward securing his release upon habeas
corpus proceedings. The other side
| employed counsel also, and it was as
certained that the first arrest was If
regular To prevent Morton's release,
new warrant was hurriedly prepared
and executed, and preliminary hear
| ing took place in the jail Office, at
which the Justice decided that there
was probable cause and recommitted
Morton All this took place between
four and five O'Clock, and at the latter
hour the parties assembled before
Judge Melvin in the Criminal Court
room.
The application for the writ was
/ made upon the ground that Morton was
arrested without warrant and placed
in Jail. Frank w. Nesbitt appeared for
the authorities and ]. J. Coniff for the
defendant
When the parties assembled in court,
Mr.. Nesbitt read the warrant issued by
Justice Fitzpatrick, sworn out by Chief
| Clemans, the commitment and the re-
turn of Sheriff Richards. There We're
Two commitments, and Mr. NesDllt said
tie first was the only authority upon
which the defendant was he'd. Mr.
Nesb!tt SAID he was employed as coun-
! sci, and in his judgment the warrant
and commitment might have been
! faulty. L. was for this reason, and
| acting upon S advice, that the sec
ond warrant was ISSUED and the second
| commitment made out.
Mr.. Coniff replied to Mr.. Nesbitt.
| He said Morton had never been proper
! ly arrested or committed. No warrant
|
vited to the Office of the Chief of Po-
lice, and from there was taken to jail
| He never saw Justice Fitzpatrick I'M
til within a half hour of the time he
Mr.. Ooniff, was speaking. He was in
( formed that Justice Fitzpatrick had
notified the defendant that he had an
other warrant for him. The Chief
| claimed to be acting under a section
of the Code which gave him the right
to apprehend a fugitive from justice
| No warrant was ever read to Morton
Mr.. Coniff contended that the first
commitment by the Justice was false,
in that it stated that Morton was
brought before him. He denied that
| there had been hearing upon either
| warrant. He denied the truth of the
| language in the commitment that de
| PENDANT was required to give bond. and
refused. MIR. Coniff held that these
| facts were material, and that as the
| commitment was false, he asked that
| evidence be taken upon the question
of fact, or that Morton be discharged
| from custody.
In reply Mr.. Nesbitt told of the
! events succeeding the first commit
ment, his purpose being to show that
| the proceedings were regular A war;
rant was sworn out by Mr.. Polling,
served on the prisoner in Jail by Chief
| Clemans. The prisoner said he had
nothing to say until he consulted his
attorney. A telephone message was
sent to his attorney. MIR. Polling was
| then sworn ana testified before Justice
! Fitzpatrick, and Morton declined to
testify.
The Court decided to hear the evil
dence.
Mr.. Morton was sworn. He testified
that no warrant was read or served
upon him before he was put in Jail.
| Saturday afternoon the Chief. Justice
and Mir. Nesbitt told him they had an
other warrant for him. He asked that
HIS attorney be called, and they failed
to secure him by phone. He heard no
sworn statement by Mr. Polling. He
never had hearing, and no warrant
| had ever been read TO him.
On REORGANIZATION by Mr.. Nesbitt
Morton admitted that ne was asked to
slI down in the Jail Office and refused.
He did not see Mr.. Ponng sworn. He
was looking in the other direction. and
asked the jailer to lock him up. He
did not hear Mr.. Poling's statement
under OATH
Squire Fitzpatrick testified that he
issued the warrant Saturday on the
affidavit of Mr.. Polling He directed
| Chief Clemans to execute it. Witness
went to the Jail little later. Glenn
ans handed him the warrant with the
return upon it, He told Morton the
| substance of the warrant. and asked
him what his plea was. Morton replv-
ing that he would say nothing until ne
saw his attorney. Witness then swore
Mr.. Polling and heard his evidence.
Morton was asked to sit down, but re-
fused and walked around the room.
There was nothing to prevent him from
making a statement or cross examina-
ton. The cross-examination by Mr..
Coniff was very searching.
Chief Clemans' statement corrobor-
ated that of the Justice. He said he
arrested Morton upon a letter. and in
a talk with the prisoner the latter
nod l.,