The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-09-24
"cha.!cstoa; W. Va.

GIl".!CS!C.i w. va
Dear Sir: :.
ION my return from camp, l find
your favor of the 18th inst, request
ing my reasons for allowance in the
bribery cases to Guy B. Diddtuger, a
nonresident witness for the state.
beg to say that do not think
that It would be proper for me to
enter into full details during the
tendency of appeals or contemplated
appeals.
at is probable that this agsre-
gate allowance 10 one witness has
never been surpassed in this state.
and no doubt at first blush 1t appears
excessive; but when 1t is considered
that this witness was absolutely
necessary to the conduct Of the pros
ecution; that his deposition could
not be taken by the state; that he
is Il nonresident Of the state; that
his attendance was optional with
him; that he could fix and demand
his remuneration for his attendance
as witness at the trial court; that
Ills employment and business ALI
ances were such that he would from
the very nature of things fix q large
remuneration; that lie did fix such
remuneration; that he attended and
testified; and for divers other rea-
sons considered good and sufficient,
can not think that the allowances
were wrongly made.
II regret that am persuaded
that should not be more specific
but | recognize and appreciate the
serious dilemma in which you are
placed through. my official action.
But | feel sure that you will appre-
ciate the dclicacy of my position, and
pardon me for failing to grant you
full request at this time.
~ beg to say in conclusion that
after reviewing my action with the
reasons therefor, am Of the opinion
that acted wisely and to the best
interests of the state. But In say
ing this, l must confess that 1t gives
little light upon your pathway IN
the matter.
81 am, sir,
Every respectfully,
(Signed) "WNE S. O'BRIEN!
In view Of the facts set forth In
the above letter of Judge Q'Brien,
where he himself states that the in
formation he gives nc throws little
light upon my pathway, ! am still in
the dark. AS an officer, | can not
it seems to me, take into considera-
ton the results that may come from
my action in this matter, from the
fact that MIR. Biddingcr could not be
compelled to come here to testify
again.
Duty Seems Plain.
To me, my duty is plain under the
circumstances, and the only ques'
ton for ne to consider is, have
any authority Of law to question the
allowances made by any judge to a
nonresident witness? If / have not
| am willing to. issue auditors war
rant for the amount found by Judge
William S. O'Bricn to be due Guy b.
Biddinger. If have the right, ana
the court so holds, and Judge O'Brten
will furnish me with an itGmizcd
statement making up the totals OF
these claims, together with his rea-
sons for believing them just and
proper, I will pass on them as
promptly as possible.
| will mention in this connection
that Section 3691, Chapter LA u
Code Of 1906, reads as follows:
"Thc judges of circuit courts and
of courts of limited jurisdiction may
at their discretion employ shorthand
reporters to'report under such regu-
lations as the judges may prescribe,
the proceedings had, and the testt-
mony given, during the trial of any
cause in said courts, and may allow
them a reasonable compensation for
their services and expenses"
While this section seems to fix"
the price of the pay of court stenoN