The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1910-08-30
MOT 7'ESHEARD
NOT GUILTY !
JUDGE sURoETT DISMISSED Pc.
TlTloN AGAINST MEMBER
OF kANAWHA coUN-
TYtcOURT.

CHARLESTON, w. Va, Aug. 3O.-
Assaillng Alex. Lawrence, of the
Walker-Lawrence Liquor Company,
the prosecuting witness in the Notes
heard impeachment proceedings, Judge
Burdett Of the Circuit Court, dismiss,
ed the petition asking for the removal
of the county commissioner.
The judge declared Lawrence to be
proven criminal out of his own
mouth, and that he would not believe
his unsupported testimony. He said.
however. that n condition OF rotten
ness without precedent in the State
had been revealed in Kanawha coun-
ty and that he would not say Notes.
heard was no guilty, merely that guilt
had not been proven. Sheriff Pres.
Smith, alleged go.between, was round
" scored by Judge Burdett. Judge
Burdett. in the course of his decision
said Grant P. Halls name had been
brought into the case without warrant
and for obvious purposes. Hall is
candidate for State senate, and Notes.
heard SIS a candidate to succeed him.
self. II IS predicted ibis resignation
will follow Judge Burdett's Scotch
verdict, in effect guilty but not prov
en-. ~
The court states It's opinion that
these charges would never have been
brought had the defendant been in.
duced to vote for license; that they
are not brought for the public good,
but to advance a personal interest, to
execute vengeful purpose, therefore
orders that the case be dismissed and
each party pay his own cost.
History Of Case.
The case grew out OF proceedings
impeaching William Mottesheard,
commissioner of the county court,
brought as taxpayer of Kanawha
county by Marshall Morris, who ad.
mitted when placed on the stand that
he had no enmity and no direct inter.
est, and that the charges were on the
information OF Alex. Lawrence, OF
Walker-Lawrence company, whiskey
dealers, who from 1905 until the coun.
ty was voted dry" had complete
monopoly OF the liquor business in
Kanawha county.
The hearing required two weeks
lacking one day. Such an array Of
evidence vase introduced that the de-
fense admitted that a monopoly of the
liquor business existed In Kanawha
county: that the Walker.Lawrence
company dictated who should have
license and who should not, but de-
MED that Mottesheard had been con-
nected with the alleged illegal agree
ment and denied in toto the charges
that he had received money for his
vote on applications for license the
Walker-Lawrence company Is alleged
to have endorsed.
Illuminating sidelights We're flashed
on the screen by the hearing. Pres.
Smith, present sheriff, and alleged
"go.between" for the Walker:Lawrepce
company with Mottesheard, testified
that $3,500 that had been paid him
y the Walker.Lawrenme company, as
shown by checks endorsed by himself.
was given him not to bribe Notes.
heard-as alleged in the chargcs-but
for his own political friendship.
Ira Mottesheard, circuit clerk OF
Kanawha county, who is alleged to
have been designated by his father,
Commissioner Mottesheard, as his
agent, and to whom the Walker-Law
renee company was to pay the alleged
money for the commissioners use, col
lapsed Just before he was to have been
called TO the stand by the defense. and
was confined to his home by nervous
prostration.
The announcement made by the de-
fense that Ira Mottesheard vas too
| i'll to bear cross.eXamination, was
| ono of thn sensations of tho trinl