Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-08-02

played scene befofe ms nonof, the
4 Mayor. as critic, yesterday morning, 1t
was a sort of don't-whip-up-
andwe-will- be good-boys scene, and the
court was so moved by the art of the
minor actors that he granted their re-
quest.
Frank Miller. street commissioner un-
der the old Board, and James Filan and
o. II. Auber. employees of the new
Board of Public Works, were before the
Mayor to explain their riotous and pug
nacious conduct of Tuesday morning
/ last in the city building.
The first witness called was Lieut..
Larnhart. who simply stated that hear
! ing an uproar in the corridors of the
city building he had gone forth to In
vestigate and discovering the prisoners
In free-for-all fight, had caused war
rants to be issued for the trio.
Mr.. Anber then read his lines in a
subdued tone. saying: Il was out on
the lower porch of the city building
with Mr.. Filan, who was sitting down.
when Mr.. Miller came up and asked
F'ilan why he took his horse and buggy.
Then Filan told Miller the horse was
not his and he would never get it. Then
Miller hit Filan and hit me and we were
all three in it,
Mr.. Filan said he saw the horse and
buggy in front of the postofiloe and then
he took 1t way He also told how Mil
Ter had slugged him at the city building.
Attorney Boyee-"Was Mr.. Miller
about when you took the buggy"
Filan-'I did not look to see whether
he was or not
Attorney Boyce-"O, come, you don't
mean to say that you would have tried
to get that buggy If Mr.. Miller had been
in 1t? You took special care to take
1t while Miller was not looking did you
not?"
Filan-'I did not care where Miller
was" He looked boldly at Miller as he
said this. but the entire audience look
ed at the big shouldered Miller and the
diminutive frilan and saw the point of
the attorneys last query.
The court then gave Mr.. Miller his
cue and the latter said:
1T was just this way, Mayor. l had
gone into the postofiice for q minute and
left my horse and buggy at the curb.
When | came out the horse and buggy
were gone. I went up to the city build
ing where | saw Filan sitting and asked
him for my rig. He told me / couldn't
have it. This made me little warm
and as ! din't want to hit Filan ! just
opened my hand and slapped him. Then
Auber hit me and we had mix-yp. I
was excited or | wouldn't have done
that much II oughtnt to have hap
pened between JUS"
The curious feature was that all the
belligerents seemed to be in most ami
able mood toward each other all through
the trial. The testimony being in the
Mayor said: 1T is an unfortunate con-
dtion of affairs all through. ! have
and had hoped these things would be
avoided. 1t ought not to have occurred.
I think you were hot" Frank, as you
have plainly said. and 1t would not have
occurred II you had not been mad.
81 hardly know what disposition to
make of the matter ] look at the
moral effect of it on the community.
/ think we ought to leave it to the
lawyers and let them fight it out ie-
galIy. You men ought not to quarrel
about It, am impressed with your
testimony, Frank, with its oEeness
and with your frank statement. | will
impose no fine"
There were frequent amicable inter-
polations by the late belligerents. Mil
Ter said they had all been talking it
over and concluded that as they were
getting their wages regularly there was
no reason for any bitterness or fighting
between them.
After the Mayors decision. Miller
said, he was suited and that he had no
i'll will against the others.
Filan encored this statement by re-
peating it, and Auber did likewise.
Street Commissioner Stoetzer came
up, his face wreathed in smiles, there
was hand-shake all around, and the
quartette walked out together in per-
feet good fellowship.
Prior to the hearing and happy end
ing of the above case, the Mayor had
stated that after carefully looking over
the various decisions and authorities
that had been referred to by the learned
counsel on either side. he had found no
good and sufficient reason to cause him
to change his decision to limit the fines
of John Clark and George West, the
employees of dbe old board, to five and
costs.
Mr. Boyce stated that he should ad-
! wise the two men to take Jail SEN
tence, while he would seek remedy
| in the higher courts.