Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1914-05-14

cases LTl0u III Sdlu u1SC4ACI SOuA1
against said railroad company the
lsaid Judge Dayton takes an active part
in the trial of said cases and assists
his son, the said Arthur Dayton in the
examination of witnesses, etc. Where
fore, and by reason of the premises.
here stated, the said Judge Dayton is
guilty of using his high Office and In
fluence in behalf of said railroad COM
pany, and such conduct is travesty
on justice because of the inability of
lftigants to secure a fair and Impair
tial trial in his said court. Wherefore,
he, the said Judge Dayton is guilty of
high crime and misdemeanor
Ninth. That the office expenses of
Arthur Dayton, such as stenographer
and janitor hire, are paid by the Gov
eminent of the United States at the
instance of Judge Dayton, in this, that
said stenographer and janitor do the
work for both Judge Dayton and his
son, the Government paying the sal
aries therefor. Wherefore, he, the
said Judge Dayton is guilty of using
the funds of the United States for an
improper purpose and is therefore
guilty of high crime and misdemeanor.
Tenth. That, he, the said Judge
Dayton, is guilty of misconduct in
office in this, that in violation of the
Istatute relative to the selection of
jurors and, Notwithstanding, the pro
visions of said statute, that jurors are
to be summoned from a list of COM
petent persons whose names are first
deposited in d box and drawn by Jury
commissioners, ETC., he, the said Judge
Dayton. selects said jurors, or a large
lumber of such jurors and requires
he jury commissioners to summons
such persons to serve in the capacity
u Jurors as SO selected by him; that
such persons SO elected by him and
at his request and orders, to serve
upon said Jury, and his personal and
go 81 friends, and as a further vio-
'at1nn- Of the statute in such cases
made and provided, he has had the
same jurors selected to serve at the
J T1ffrent places at which he holds court
In the northern district of West Vir-
glnia For instance, he has had the
same Jurors to serve at his court held
at Phillip during all the Phillip term
then following at Wheeling during ali
the Wheeling term, and then at Park
ersburg during all the Parkershuro
Ierent places and at the different
terms OF court all within the wear IN
notation of the Act of Congress- neers
'atlng the selection of jurors: that 6e-
cause OF his activities in the selection
OF jurors, ETC., he maintains a noIiti-
cal machine, and in many instances
thwarts the ends of Justice. Where.
lore and by reason of which he Tho
SAID judge Dayton, is guilty of a. hieb
crime and misdemeanor in Office.
Eleventh. That he, the said Iudoo
Dayton, is guilty of miscondnct IN u 81
nee in this, to-wit, that he active1v
engages in politics and uses his ofioo
as Judge and the influence psinoS
thereby, to further the political anbi.
lions and aspirations of his friends.
mat ne caused his court crier 7
lChenoworth to be summariIv disno;s .
ed because he, Chenoworth who ,,,os
then Secretary of the Renublioo a .
County Committee, refused ~ a;d
Arnold G. Scherr, a Renuhlicnn oan
oduale LOT Governor whom Dayton was
d d;4;Ny campaigning for; that in adj
anu peer as a Judge to further the
stance of this fact, he recentIv an
pointed Arnold C. Scherr as q Snec;a1
receiver for the National Telopbona
company, in which several ni1Iion
1ollars were involved, the said Scherr
It the time Of his appointment as sucb
receiver, was residing in the south a.,
district of West Virginia, and wbo
was indebted at the time of such an.
polntment, TO the said Judge Dayton,
Eoo:ause OF certain moneys loaned BY
said Judge Dayton to said Arnold =
ocnerr, while the latter was candi.
late for Governor of West Viroi-ia
ana as a compensation for the services
OF said receiver, Scherr. the ss i5
Juoge Dayton allowed him. the said
ocherr, the sum of $6,000NO per year
as q salary, and in addition thereto
the sum of $4,000. 90: that in order ~
appoint said Scherr as receiver N
saau case' a receiver that had there
nolore been appointed in said cause,
~as removed to make place for said
Scherr; that Arthur DAYTON. son If
said Judge Dayton, acted as one If tho
Ttorneys In said case, and was the
'stoIney VINO suggested the removal
tne nrst receiver appointed, and
his stead; that said Scherr annointad
O6O DoyLOu 50 DIS TO enable
i'm, the said Scherr, to renay said
Dayton, the amount of money owed to
i'm by said Scherr. Wherefore. he
ne said Judge Dayton, is guilty Of
using his high Office Of Judge to
urther his own private interests. and
IS guilty Of high crime and misde-
neanor in office.
Twelfth That the sait 1rd,o
Dayton is guilty of misconduct in Of.
| nee in this, that he is a stakeholder
N the First National Bank of Phillini
MS son, Arthur Dayton, being a dfrec,
3or OF said bank, and he, the said
Judge Dayton, requires the receivers
appointed IN cases. pending before him.
sucn as bankruptcy proceedings. etc.
to deposit the funds received BY them
by virteu of their office, in this .parti,
cuiar bank; that by virtue of his Of
nee as Judge, and the power exercised
Dy him as such he borrows from said
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