The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-02-19
FIREMAN HEsToN REFUSES 7
APPEAR BEFORE BOARD
OF CONTROL.
Suit for Absolute Divorce Filled Yes
terdsy Mrs. Heston Reported
IN Destitute Cireurstances

In Destitute Circumstances.
Following close upon the filing OF a
suit for absolute divorce yesterday BY
Frank Heston against his wife. based.
y is said. upon her own confession.
Mrs Heston gives the Idea that she
viii not combat the proceedings in
any way. as she said Il feel that
Frank has all grounds for a suit and
shall not fight it"
IL Is rumored that a damage suit is
70 be filed today against Chief OF Po-
ice Ihomas Leyland by Fireman Hes
ton charging him with alternating the
directions OF Mrs Frank Heston from
her husband. Whether this will be
done or not could not be learned. "a
none OF the persons interested wish
10 commit themselves.
Mrs. Heston stated TO an Intelligen-
Ger reporter last evening that she has
not as yet retained counsel for her
defense. even though she decides TO
make a defense. When asked whether
she had nled charges against the chief
OF when she would file such charges.
she said that she had nothing TO say.
Subpoenas were sent yesterday to
witnesses ordering them TO appear
before the circuit court at the March
term, az date yet to be decided upon
The Ming OF the divorce suit vestpr-
DAY placed another phase to the Lev
land-heston scandal. which has spread
over the country like a hurricane
drawing the attention of the whole
commonwealth
With the refusal OF the attorneys
TOT Heston 10 bring their witnesses
before the board OF control yesterday
70 investigate the charges made
made against the chief the whole mat.
Ter VIII come before the next meeting
OF council. Mayor Kirk said yester-
DAY that he did not think he would
CaI! special meeting OF the body I'M
III !HHesday evening. He says that no
MIN and all he knows OF the affair Is
"hat the newspapers are printing
Board Has No Power.
ne attorneys refused to come be-
I0re the hoard OF Control. claiming
that the body had no power. This
Mas acceded by the board from the.
start as 10 Legality, but IL was from
moral stand that the Board OF Con
rol intended To work upon. The pro-
ceeulngs We're checked bv a letter
from AttorrAy Frank O'Brien saving
they did not intend to bring their
client before the Board Chief Lew
land and supporters. felt highly graft
neG over the turn of affairs and were
inclined to believe that the fireman
was Weakening. This was rigidly de-
MED by the other side, however and
the Ming Of the divorce suit scents
sticking qualities
With the letter filed BY Attorney
OBrien comes the inference that they
VIII not act in an investigation unless
youhclI brings the matter up. At the
pest the matter will take up great
deal or time, as the proper proceed
lhss, II Is said, will be to bring the
matter before council. they in turn 10
REFER the matter TO the police commit
tee and then bring IL back 10 council
IN proper form. II is said by some OF
the counctlmen that the whole thing
IN
be a party TO any such actions.
O'Brien's Letter.
Inc following Is the O'Brien letter.
ana the Board Of Control statement:
Wheeling. ". Va,
Honorable Board Of Control
City OF Wheeling.
'Gentlemen-Nr Frank Ueston has
placed in our hands your letter OF
FEBRUARY 10th, requesting that his
presence before your honorable board
on Thursday. February 18Th. for M !,
purpose OF testifying at the investiga-
tlon or the conduct of Chief Leyland.
We represent Mr.. Heston in pro-
posed actions in the courts. and do
not feel that IL would be advisable or
proper Tor him 10 appear before vourI
board as requested for the reasons.
Cd That no charges have as yetl
6een properly preferred against Chief,
Leyland. and
% That If an investigation Of the
chlei IS conduct is to be had the
proper tribunal Is not the hoard Of
control. LHt the CITY council of the
Guy as we understand the city char
In other words. We cannot see thar
any investigation had by your board
"Nulu De authoritative or serve any
proper purpose This view is held
ana expressed by MS with all due def
'I'hoe 70 the Intentions 90 your board
MHl,h We KNOW 10 be- honest and for b
me best interests of the public.
We desire 10 add, however. that
aHollu the city council desire 20 in /
.,alIEdJe thls matter our client shall
app'aI az any time that body shall re-
guest Respectfully yours.
OBklEN 4 O'BRIEN.
by Frank 4. OBrien'
,i,, MS 'ller came I'm reply 20 a no
uce served on Mr. Hest6n last Mon
day. At the same time "a notice was
served on Mrs. HestOu and also one
on Chief LrvIand The purDose 81
.h'se notices was 90 have the parties
sa7'Il uIr with their witnesses az the
BOARD OF control office on Th,lrsday !
ton ''''7''
-, AZ the boards meeting on Monday
.l" matter was discussed for some ]
.tiul' before any action was taken. as /
,. nudId Iully realized that 30 had .
n' power To- act The only person T
WIN power outside 0f council H. tba
mayor. and E.s ruv,r De- merely ono ]
' -N7N'ls.oN of am Official failing fp b
"II'fW DTS duty As "a number OF re-. F.
~ l'T suspension of the chief
10y neon mad" f0 the mayor and as .
NfdlIF Do" did not care tD tax. ans.
SUCH action without some aH0Efrt,
'. cause. Doc requested tho Other 100 .
| "' INC hnHrd t0 sit with him .