The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-03-13
TRIAL OF MINERS
WILL BE RESUMED
Judge LIttIepase Holds He Has No
jurisdiction to Grant Writ Of
Prohibition.
Special Dispatch TO the Intelligencer.

Special Dispatch 20 the Intelligencer
CHARLESTON, W. Va, March IL.
In the face OF the decision OF the
supreme court OF appeals in the Mays
and Nance cases. and in the habeas
corpus cases OF Mary Jones and 9TH
ers. Judge Samuel ID. Littlepage held
he had no Jurisdiction TO grant a writ
OF prohibition against Governor II. ID.
Hatfield and the military commission
TO compel them to discontinue the
trial OF the prisoners now held under
martial law. and TO compel the CON-
mission TO turn such prisoners over
TO the civil authorities. To interfere.
he said. would be placing himself in
contempt OF a superior court
After declaring he had no jurisdic-
tion In the case Judge Littlepage. at
the request OF Attorney a. II. Belcher
for the petitioners. granted a suspen-
sion order for FIVE days.
Had Not Read Opinion.
Judge Littlepage said that at the
time he granted the temporary writ
of prohibition against the governor
and the military commission he had
not read the opinion OF the supreme
court in the Mays and Nance cases.
nor had he seen the opinion OF the
case Of Mary Jones Charles ". Bos-
well and the other leaders. In which
the same question was raised as that
In the writ OF prohibition. lie also
stated his willingness to act as arbi-
traitor Of tho difficulty and 90 among
the miners aud discuss the question
Of adjustment with them II the COVER
nor and the coal operators would
authorize him 20 do 50. with the pro-
viso. however. that the Bar associa-
tion of the county would be willing to
allow a delay of their cases pending
in his court Untn the supreme court
had decided that no court could inter
fere with the governor or a military
corrt acting under martial law. and
read the Interpretation placed on the
constitution by the supreme court. he
was of the opinion no person could
be- deprived of trial by twelve men
To Resume Trial.
Immediately upon learning that
Judge Littlepage had held that he
had mo- Jurisdiction. tho military com
mission was instructed by Governor
Hatfield % resume the trial of the
case of the forty nine prisoners. which
had been stopped yesterday BY the
governor pending the disposition %
the writ of prohibition Tho state
placed n number of additional wit
ncsscs on the stand. and after 70
rested the defendants called only
few witnesses The principal one
was william u. Gray. through whom
an effort WAS made 90 prove that
Detective smith had offered immu-
nifty. n hriho and "somcthing else" N
he would testify against certain per
sons GRAY gave the names ~ Ger
tain persons whom he said we're
present. and fixed the time the a.
legged statement was made The de-
fenso placed these persons on the
stand 90 deny that any such couver.
sation took place while Smith was In
Charleston
A. O'Clock tonight arguments
we're begun Congressman A n.
LittlcpaFe. brother of judge Little
page M p Mathcnv. Charles n
Morgan and p " Carskadon argued
for tho defendants and Judge Advo-
cato George s Wallace for the state.
The attorneys viii complete the argu-
monts before midnight