The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-08-18
Bill
STAGGERs LILLY
WHO HOLDS|T UP
BURNS OPERATIVE WANTS
NEARLY $4,000 FOR TESTIFY.
ING IN THE LEGISLATIVE BYI.
Berry TRIALS.
WANTS


CHARLESTON, Aug. Is. - BY Il
decision OF Attorney CcKrral a. 4.
Lilly. the right of 4 Judge OF cir
cult court 20 specify sum of mancy
10 De paid TO Il Nonresident witness
In criminal ease Is denied. With
out quoting a single authority, In a
thousand word opinion in advising
the states attorney not to pay tho
witness fees OF Guy b. Biddinger. the
Burns detective who captured the
seven indicted legislators. five OF
whom have been tried and convicted
III Webster county of bribery, be.
cause, he says. 81 have come to the
conclusion that 1t Is extraordinary
and exorbitant. and that you. as
guardian OF the treasury and as
safeguarding the peoples rights,
should not pay it,"
The bill rendered for Detective
Eiddinger's services as witness
from late in May until after the first
week In August was $3.9G3.l7. dur
Ing the uial of the five legislators
on charges of bribery.
y part OF chapter 100 of the code
relating TO witnesses In criminal
eases living outside of the state
says: "a person residing out OF this
state who attends court therein as
witness shall be allowed by said
court u lrcpcr compensation for at
t"nGHtc" and for allowance and
travelling and from the place of his
abode. the amount Of the same TO be
fixed by said court
Attorney General Lilly quotes no
authority tor his decision in holding
the statutes should be set aside.
The opinion cites that certified
copies OF the entry Of the circuit
court of Webster county have been
made. Many of the claims of other
illnesses have been paid. The total
expense OF the trial to the state Of
She hive legislators is $4,000, o. an
average Of but $4,000 to the ca2r,
/ Is conte1dcd that Biddingcr could
not nave been compelled to testify
because he was a resident, ara
hat Ii" bill larely covered the sal
airy and expenses of the dctcctiva. Ii
nc trials al Webster Springs ;cs.
iIEony was offered that Biddirger $
salary was $4,000 Il year and en-
lenses. and that lie was the head Of
tna criminal branch of the Burns
accacy.
Townsend Angry.
Prosecuting Attorney Thomas G..
Townsend. who secured the services
cf I'll" detective in December last to
H"'p detect any bribery In connection
with the election of the United
states senator, and who assumed the
responsibility TO pay the bill. said
after reading Attorney General Lii
Iy's opinion:
1T shocked the sense of a few
people in the state of West Virginia
that the grdfters who infested the
Legislative halls Of our state should
he prosecuted at all. but ] have
learned today for the first time since
NY connection with these cases, from
The attorney generals opinion that
the expenditure Of few thousand
dollars of the peoples money 10
clean up this situation Is shocking
TO the moral sense of the people.
THE opinion Of the attorney gen.
eral In advising the auditor not ia
pay the amount allowed by the cir
cult court of Webster county to Mr.
Bfddingcr is direct sharge that the
trial court abused its discretion. In.
directly defense of the graftcrs By
| advising that the convictions canno,
be paid for.
AS legal proposition deny that
the attorney general has anything tc
do with the matter. The statue Is
plain. | know of no way to compel
witness who resides outside of III,
tate to attend court in the state un.
less he is paid such compensation a.
he demands"