Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1905-04-08
He REFUSED TO TESTIFY
Judge Blizzard Is Granted a Writ
Of Habeas Corpus.
IS WANTED IN WHITE INQUIRY
Judge Dayton Issues Temporary Writ
at Wheeling Dayton and Nc
Graw Have Buried Ratchet.

at Wheeling Dayton and Nc
Graw Have Buried Ratchet.
Reese Blizzard, United States dis
trict attorney for the northern dis
triot of West Virginia and promi.
nent republican state leader. applied
to JduRe DAYTON. OF the federal court,
at Wheeling Tuesday, for writ OF
habeas corpus to prevent the sheriff
of Kanawha county from taking him
and Attorney Charles I. Caldwell, to
Charleston to testify in the legislative
Investigation of the charges against
Governor White. Judge Dayton said
the proposition was new and novel
one. and that he preferred to have
Judge Gotf, of the federal Circuit
court. pass on 1t. but in the meantime
he granted the writ.
Blizzard, in his argument to the
court, denied the authority OF the in-
vestioating committee of the legisla-
tnre to compel him or Caldwell to
testify. He said the committee had
no authority to investigate, inasmuch
as the legislature had adjourned sine
die and could not investigate Mr..
White as a state officer. as he ceased
to pc governor on March 4. He asked
for the writ on the ground of oonsti-
tutional liberty. contending that to
take him to Charleston would be an
infringeT ept Of it.
The court granted the temporary
writ to Blizzard because he Is an
officer of the court.
Caldwell's status IN this connection
is indefinite. Caldwell. who Is a
state senator. voiced the charges
against former Governor White. to
the effect that White and his secretary
of state, who Is now Governor Daw-
son, illegally shared the latter's fees.
A senate investigation followed and
White then had house committee
named. 1t has been unable to get
Caldwell and,Blizzard to testify.
DAYTON ANDnMcGRAw.
After 10 wears former Congressman
A. q. Dayton. who is now Federal
Judge and Col. John T. McGraw,
have buried the Ratchet. They now
speak as they pasF. although for a
decade they have been avowed enemies
and opposed each other in every man.
ner possible and especially in politics.
At the banquetlheld &C Parkersburg
q few nights ago by the bar in honor
of the retirement of Judge Jackson,
Judge layton. In the course OF ad-
dressing the assemblaRe of barristers,
took occasion to refer to politics and
to the situationIin his. the Second dis
trict. He suggested that Col. McGraw
was the one individual who knew the
situation in it's entirety and that he
alone was in position to handle the
reins of democracy IN West Virginia.
Judge Day ton while hesitating in
max ing the statement said that he and
Col. McGrsw had not spoken to each
other for 10 years and that il IL were
agreeable to the colonel the past
would be forgotten and they would
henceforth he friends AZ they were
before their party differences caused
their enmity for each other.
COMMITTEE ADJOURNS.
The house committee appointed to
investigate the charges against former
Governor White made by State. Sena-
tor Caldwell adjourned at Charleston
yesterday, to meet ut the call OF
Chairman Seaman. after having been
in session several days, without ac-
comDlishiug anything, owing to the
non-attendance of witnesses summon.
cd TO appear.
District Attorney Reese Blizzard
and Senator Caldwell. both of Park
ersburg. who were served with attach
ments from the investigating commit
tee to compel their attendance. applied
to Judge Dayton for writs Of kabeas
corpus. These were issued by the
court, returnable April 90. at Clarks- |
burg. Until this phase OF the cues
tion is settled the committee can do