Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1901-08-04

Judge Hugus issued writ of habeas
corpus against Chief Ritz for the bodies
OF John Clark and George West, em-
ployes OF the old Board of Public Works
who had been fined SIS and costs by the
Mayor for digging on streets without
a permit from the new Board of Public
Works.
The Chief answered the writ In per-
son, stating to the court that the men
were not in his custody, as their fines
had been paid and satisfied, and that he
could not therefore produce them IN
court unless he rearrested them, which
would be Illegal
The attorneys, Boyce and Caldwell,
asking who paid the fine. were INFORM
ed that they had themselves guaranteea
It's payment, which guaranty he thizl
had accepted and released the prison
ers. The attorneys at first denied hav-
ing gone security, but afterward ae-
knowledged they had told the ehiel
they would stand good for the iine --not
to take them to the workhouse.
The process and warrant In each case
has the following endorsement by As-
sistant Clerk Wolf: Fine imposel ei
Ave dollars and costs of prosecution, or,
In default of payment, thirty days IN
the city prison. S. o. Boyce ana W. u.
Caldwell gave security for payment Oh
fine and costs August LIST. 1901. Ed-
ward Wolf, clerk
Clerk Wolf when seen by Mr.. Boyce,
started to explain but Mr.. Boyce IN
terrupted him, saying: Il do not want
any explanation.
The men wanted were in court. but
those who wanted them could not get
them. 1t really looks as II no one
wanted them. Their attorneys certain
Iy did not, Chief Ritz did not, and the
court had no use for them. There GER
tainly was joke on some one.
The Register representative called
upon Mr.. Boyce at his home, and was
very pleasantly received. II am glad
you called and gave me an opportunity
to state the facts In the case asked
for an appeal in the case, but the May
or would not raise the fine. | advised
the men not to pay the fines announc-
ing that | would seek remedy In an
other court. Then Captain Ritz said to
me: L am responsible for those fines
and costs, and must have them or lock
the prisoners up Mr.. Caldwell and
told him we would be responsible for
their appearance at any time and place
and stand between him and all trouble.
| The men were not locked up. On FRI
n Id fxr ri nf
corpus, which was issued returnable
Saturday morning at 10 o'clock. Cap"
tain Ritz made answer that the men
were rot in his custody, third party
having become surety for the payment
of their fines and costs. and that so
far as he was concerned the matter was
ended, the men at liberty and in no
danger of molestation from him. In
support of his statement. he produced
the process from the Police Court with
the endorsement on the back In the
handwriting of the clerk OF the Police
Court Upon this showing we agreed
to the dismissal Of the writ.
II have not the least doubt that Cap
tain Ritz and the clerk of the Police
Court were acting In good faith, but
had misunderstood what Mr.. Caldwell
and had undertaken to do, as l would
hardly have instructed the defendants
not to pay their fines and in the next
breath go security for the payment OF
same, which is virtually acquiescing in
the judgment and paying the fine
The Intelligencer Saturday morning
made the very egregrious error Of stat
ing that Clark and West were confined
in the city bastile." The fact that they
were not could have been ascertained
from either the counsel for the men, or
the police authorities.
Sale of Household Goods continued