The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-04-15
'BAGKTOIBIjRIlAZiTi|j0IjN
Went :. ! | Z! JANSEN A
JUICE REFus 8 Writ OF s HA i.
yyS BEAsl CORP AND Is e HAD S

s23i. 49,, ~ ~ y
WHEELING April 15.-The hear
Ing o. tie petition for9a writ pfIba
heas corpus I'D Sub iicienduml in the
case. Of the State Of West Virginia
against G. c. Jansen came before
Judge L. S. Jordan In the Ohio Grim
fnai court Saturday morning. Jansen
was arrested on FrldaSuponia charge
Of obtaining $3.50 under false pre-
lenses from W. D, Holland. Ia resident
OF Sutton, Va, who swore out o
warrant in the court Of o Braxton
county Justice OF The peace charging
Jansen with The ottense named. The
warrant was sent on 10 this city and
vas endorsed by Justice D, 2. Phillips
and later'the arrest was made By ON
Ger Frank Collier. 4
AT the hearing yesterday Attorney
n. NJ: Aldleman! in. the absence .,oi
Prosecuting Attorney schuck appear
eistor-the State. andiAttorney Charlet
a. McCamlc represented the proseE1t
Fling attorney Of Braxton county. At
torneyrJ.c Bernard Handlan, Of me firm
OF Handlan 4 Reymann, appeared 10,
The defendant. The, bearing onfhepe
tition was set for II a. M, but ii De
Yeloped that the State had not pre-
pared It's return. Consequently Judge
Jordan gave the States counsel time
Ito prepare the return, which was done
tin the Office of the court stenosrapber
On returning to the court Judge Jor
danc ordered the reading of the re
turn, which was compiled with by At
torney Addleman. The court then stat
Ird that 4 the statemedtsof facts were
true the prisoner won ID Ebe remanded
to the custody Of the sheriff Of Brax
ton county, Mr.. Haaalan here very
forcefully took exceptionEto the war
rant in the case, statingI that he CLEAN
ed from Il that Jaasenl Was arrested
on charges of false pretsnse, but that
the warrant did hot set opttthe ground
of complaint as required p$ law. Fo,
the reasons cited the prI4oher should
be discharged from custody. Tie
ayerments In the warrant hlleged tina;
Jansen; had received a certificate Of
deposit for st,650 in payment for a
bond to that, amount, and That said
bonG had3been found to by Yorthless;
that Jansen had glyetY the complain
ant, Holland. a check foE $3.50 on the
First National bank d New Martins
vile, which was worthless. -,
Mr.. McCamic differed materially
with counsel for the defehs9, ktatine
10 the court That nccorlinst5 the Stat
ute the warrant was good, ke{long as
It vas issued by n comp%edti justice
2ofnl9 pedce, having Fikrencc Of
course 10 de particular proceedings.
Judge Jordl IN coucurred lahi ordered
that the witt be dismlsseS SNotwltll
standing the order of the court Mr.
iiandlan conteHded that his position
MAS right in the matter AMI that he
! lid right TO Ale exceptions. This
! however, was denied by the court, and
thelf' Mr.. 1Idndlan stated that 1t was
the first time In Two thousand years
that counsel for defense under slmIl
ar conditions had been denied the right
10 file exceptions. Tie court insisted
on disposiug of the proceedings, wlen
Mr. Handlan in turn insisted oil the
Issuance of IN order Of record. Ac
corlingly NJ. Mccamic drew up az
order. which he submitted to Mr.
Handlan, who proceeded TO make some
changes. The order when presented
to the court was not satisfactory, ana
while It was Undergoing further
change the clerk of the Circuit Co;wt
drew up another order as follows:
This day appeared the petitioner
G. c. Jansen, and also came the 'attor
neys for the State, flied the answc,
of Officer Collier, in whose charge The
petitioner is hold, and also filed a copy
OF the warrant herein, and the answer
OF the officer being deemed sufficient
II is ordered that the said petition BIZ
dismissed and; the petitioner be, re
manded TO the custody Of c. A: Crib