Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1913-12-06
STATEMENT ABOUT
HORSEF ALL CASE

NSf W NOW DISMISSED
Wednesday evening The Evening
Journal made a very severe attack
upon Prosecuting Attorney Downey
IN connection with the cases Of
James Cody ana Herbert westenhav-
or When seen today BY World
reporter Mr. Downey said:
IN yesterdays issue Of The Eve
ming Journal noticed an article coma
corning my official action was
amused at the excited headlines Of
the article, but believing that there
are those who are interested in the
substance rather than the show OF
this matter. publish the Following
statement Of the facts
Herbert Westenhaver, James Cody
and Marshall Mahoney three boys Of
afeen. thirteen and eleven years. re,
spectiyely, were charged with enter.
ing the home Of Mr.. George Horse
fall in this city and committing
larceny therein They We're arrest
ed and brought before Justice ]. IT,.
Lloyd returned the stolen property,
waived hearing and were remand.
ed to jan await the action Of the
next grand jury. which meets IN
January On December LIST, Mr.. s
A. Westenhaver, father-in.law of Mr.,
Horsefall, in company with Mr. Sci
bert, counsel for the boys, called at
my office. Mr. Seibert requested
that in view of the better environ
ment and training, the boys be sent
to St Marys Industrial School, Of
Baltimore, Md, and there detained
until the meeting of the grand jury,
instead Of being detained in the
county jail Mr.. Westenhaver rep
resented that this would be agree
able to Mr. Horsefall, and after a
/ conference with Judge Woods con-
corning such action. | consented for
lie boys to be taken to the industrial
school by an officer and there to be
detained until the grand jury met.
A bail bond has since been executed
for all of the boys, conditioned for
their appearance at court, and ex
cept for the agreement with their
parents for the boys to remain at
the industrial school, we would be
required to discharge them from
custody and they would now be at
I large until the first day of the Janu-
airy term Of our circuit court.
ct is charged by MIR. Hammond
/ Hunter that in October last he visit
ed club house owned by him, 10.
Gated along the opeQuon creek, and
found two of these boys in the build
ing. He returned to Martinsburg
and swore out warrant before II.
S. Thompson, justice of the peace,
charging the boys with breaking and
entering the building with intent to
commit larceny. However, the boys
we're not arrested until after the
commission OF the offense at the
home Of Mr. Horsefall. Justice
Thompson had been absent from HIS
Office for some time, was absent al
the time OF she arrest Of the boys
and did not learn of his return un
III the morning Of December 3rd, af-
ter the boys had confessed the com
mission of the Horsefall robbery,
waived hearing and had been sent
to the industrial school awaiting the
meeting Of the grand ury.
4 indictments against these boys
win be presented to our next grand
/ Jury for any charge supported by
competent evidence and the boys
viii be in court to answer any in
dictment found. The sole question
i seems to be; until the meeting Of
the grand jury, should these boys be
/ confined in the county jail. or in an
/ industrial school? Or since they
have executed bail, shall they be con.
fined in an industrial school or run
at large in our streets? To these
4 questions, I can see but one answer.
/ Judge Woods, as well as myself,
disapproyed of placing young boys
in the county jail with the incident
( environment, whenever it can be
safely avoided. We see the human
side Of crime and try TO reform
young boys as well as punish them.
with the above statement Of
facts, dismiss this matter from my
mind and shall give it no further
4 consideration, however ! cannot
help but recall that, Satan finds
some mischief still, for idle hands to
DO
OWN. w. DOWNEY.
Prosecuting Attorney. b. C."
MOVES TO CITY