The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-06-09
NELLY TO IMPEACH
tcontinusd FROM Fir-, Page,

Nuuul ~ lWl LHuu
tcontinusd Prom Fir., Pager
IL made defendant. stricken tho evf-
dence from the jury M has directed
the Jurios TO md verdicts FOR the de
PENDANT.
The White Case.
Third-ln the case OF Elizabeth
White. "A widow, who had sued the
Baltimore a Ohio Railroad company
Tor Injuries resulting. as claimed. by
reason OF the negligence OF the rail
road company relative TO the manner
OF coupling cars, etc. he the said
Judge Dayton. without the request Of
the plaintiffs counsel. and over his
protest. gave an instruction TO the
jury that the defendant railroad com
pany was guilty OF negligence per Sc
by reason OF the character OF the acts
OF the defendant railroad company in
the promises. hat said instruction. so
given over the objection OF plaintiffs
counsel. was given by said Judge Day
ton SO as to give his son. Arthur Day.
ton. an opportunity TO reverse said
case In the circuit court OF appeals OF
the United States for the Fourth dis
trict.
Interstate Commerce Case.
Fourth-That recently the Balti-
more a Ohio Railroad was
made defendant in about twenty sep
arate petitions. because Of its failure
10 hle certain reports showing The
hours OF b performed by It's sm.
ployes In accordance with the federal
statute In such cases made and pro
Vided. that said petitions were made
upon forms furnished by the Inter
state Commerce Commission. that az.
ter said petitions had been so made.
according to law. n process issued
thereon, he. the said Judge Dayton.
In a. aA- IN a.
so hled by the Interstate Commerce
Commission. that he would not com
pei said railroad company TO furnish
evidence OF It's own guilt OF words
to that effect.
Morgan County Case.
Ffth-That sometime ago, one W.
n. Sommers Of Berkeley Springs, W.
Va, instituted. In behalf OF the county
court OF Morgan county. a suit against
the Baltimore & Ohio Railroad com.
PAhy AFTER the papers had been filed
by the plaintiffs. in the circuit court
or Morgan county. the defendant rail
road company nov the case TO the
federal cour n thereupon the de
PENDANT lie It's demurrer TO the
declaration OF said cause. that after
said demurrer to the said declaration
had been filed. he. the said Judge Day
ton, called the said W. II. Sommers
TO have a conference with him rela-
tive TO said case, and I'm said confer
ence he, the said Judge Dayton. told
n said w. II. SOmmers. that IL was
embarrassing to have him, the said
w. III. Sommers. interested In litiga-
ton against the said Baltimore and
Ohio Railroad company. and hat he
desired TO see the matter settled to
which Sommers replied that If II was
embarrassing TO him Judge Dayton
mat he. Judge Dayton would have
TO settle it hat a few days thereaf-
ter the Baltimore & Ohio Railroad
company. through one OF its agents.
compromised and settled said case
with said county court. paying TO said
county court several thousand dollars.
3. & o. Men on Juries.
Sixth-That the Baltimore & Ohio
Railroad company Is made defendant
In various cases in Cle federal court
for the northern district Of West Vir-
ginia that during the entire time that
Judge Dayton a occupied tho bench
he has caused 10 be summoned on
grand juries, in practically every in
stance wherein grand juries have
been empaneled by him. persons con
nected with the Baltimore q Ohio
Railroad company. n has caused the
agents, servants. and representatives
OF said railroad company, to be sum
court.
Sons Relationship With q. &. o.
Seven. that Arthur Dayton. son OF
Judge Dayton. and who lives ar home
with his father. the said Judge DAYTON.
n having his office with hia father
at Phiippi. West Va. before and al
the timp he entered into the practice
OF law. and almost Immediately after
ne secured a license to practice was
employed by he Baltimore and Ohio
Railroad company. rs it, sole counsel
within the county where hp resides
that all suits involving the iurisdic.
tional amount Instituted In the circuit
court OF the state IN that vicinity. are
removed from the said state court
20 his fathers court. the district court
OF the United States for the northern
district 81 West Virginia. that In tho
trial OF said cases 50 removed. bv soid
Arthur Dayton for said railroad com.
pany and other cases tried in said ais.
trict court against said railroad com.
pany. the said Judge DAYTON takes AN
active part iu tho trial 81 said cases
and assists his son. tho said Arthur
Dayton. IN tho examination OF vii.
nesess. etc. n apparently acts a.
attorney 10 the said railroad com.
pany.
Funds Used Improperly.
Eighth. That 10 ls claimed the office
expenses Of Arthur Dayton such AZ
s~tenographer and janitor hire. arc
paid BY the government o. tho United
states az tho instance OF Judge Day.
ton, In This. that said F~feuoFrapha-
and ian.fnr do the work FOR both
"AAhH HhNNNu ana MS son. tho gov.
eminent paying The salaries therefor
Wherefore. he. tho said Judge pnvfrr
Il guilty Of usiug TIE funds of M
Cnited States for an improper plr.
pose.
Selection Of Jurors.
Ninth That no. Tho aid rrfvo
Dayton. is guilty ~ misconduct r
onico in this. that iu violation of fHa
statute relative 20 the objections "a
Jurors. and notwi'hstsndIug fha rrn.
visions ~ said statute hat fur1-s
are 10 be summoned from "a iIrt OF
compptent persons whose rnma4 ara
hrFt deposited ln % box and drawn
by Jury commissioner. otc. DO Pho
said Judgo Dayton. collects az Jurors
or a large number az such Jurors and
Requires tho Jury rDwwieHi0rera fH
summon such persons 90 serve Ir tho
capacity ~ Jurors as POI erIccfrf b..
him that such persons ar a~eIarfl'
by him and ~ his request and orders
20 serve upon f1ld IIr'as are aa a
rule his personal and political friends
and az n further violation ~ ffa
statute in such cases made and pro.
vidrd, DO h7H bad fhn same .Ir.-s
selected 20 serve nf fFa fIr.r
places ~ which no h0Ifa r0u-. boz fHa
northern district ~ West E@I-gIr..
TWrfN That "U fH. #.H r.H..