The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-04-10

trial Chief Lsyland was ready' chief
- y and has been rprfV L. uroce.f
Ter rtnlicatiun from thr BEGINNING. Al
the last meeting OF council ~ aid
Ne were ready ont now you give ~
no chance 10 cali cur Witnesses Won
save us no chance 10 arrange dates.
Mr.. Sommerville had an engaEement
az 81 Ciairsyille today and had II not
hare been Tor luck in setting II SCI.
tied he would have been there TODAY
httorneys can not fx their cases on an
hours notice
Mr. fancy then made a motion "a
recess subject 20 the call % the chair
man us motion was amended 70
read. That We adjourn 20 the call
q the chairman 20 hear these charr..
N case the court rules that we hav.
that power. roll call vote was tax
IN on adjournment and only one neg
ative vote was cast that being Cop
pinser OF the second branch
Restraining Order.
The following Is the order as on
tered by Judge Hervey and style OF
the case.
On the 9Th day OF April. 1914.
came tho above named plaintiff.
ana presented 20 the court a petf-
ton. verified by the affidavit OF
SAID plaintiff. praying among 9th
or things. for a writ of prohibit
ton restraining the above nam
Cd DEFENDANTS. and each Of them.
from further proceeding against
said plaintiff. upon certain charg-
IS referred TO in said petition. and
shown by Exhibit A" thereof
Upon consideration whereof. Il
Is ordered that rule BE- issued
against said defendants, and each
or them. TO appear before the cir
cult court OF Ohio county in part
one thereof. on the 18th day OF
Apri, 1914. 2. 10 O'Clock m,
ana show cause. II any. they can.
why the prayers OF said petition
should not be granted: and that
said defendants. and each OF
mem, be. and are. hereby. pro-
hibited from taking any further
proceedings with reference to the
matter contained in said petition
until further orders OF this court.
u Is further ordered that a copy
OF tsis order. duly certified. by
the clerk OF this court, be served
upon said defendants. and each OF
them. and that said service be
taken, and deemed, equivalent 20
the issuance and service. upon
said defendants. of the rule here
In provided for"
Entered-Judge II. c. Hervey.
IN the Circuit Court OF Ohio County
In Prohibition
Thomas Leyland vs.. William T.
Otto, Lee Hedges. Ross 7. Chew. Er.
nest hutier. Chester Thompson. Or
u. y. Stillyard. James u. Riddle
lander, s c; fancy; Charles F. Brand
Jonn NJ. Ritter. DR.. 4. NJ. Barnett
FRANK Greene, George Horne, Jr.
James link. J. c. Miller. William
Melthe, Chapline Watson. Or. ~. T.
Megrail, W. o. Alexander. Hal Haw
kihs; Louis Nolte. II. W. Brinkman
FRED F. Ziegler. Edward McKown
william Drake, John Mccain, Louis
seidier. James Richards. Peter Haber
suck. John ). Butts. Edward Vaas
+. Coppinger. James DriscoIl. Ceoree
conrad. Alex. Kennon. John J. Kenny
William Wagner. Daniel Hahne. Geo
J. hiester. A. T. Sweeney. II =
sands. Jacob Beiswinger. William
hieldsing. Charles IA. Seabright.
Members of the City Council. OF the
Olty OF wheeling. a municipal corpor,
alton, situated in the County OF Ohio
ana state OF West Virginia.
On Job Early.
The petition of the chief for the 70
stralnlng order was taken and sworn
10 before Louis T.. Schrader notary
PUBLIC yesterday morning. Judge Mes.
pltt being, in the county building be
fore o'clock.
Exhibit "A" which was submitted
TO the Judge Is the formal charge
brought by J. $. Butts. 81 al vs.
Thomas Leyland based upon the
sworn statements of Mrs. ETie Hes
ION. The story Of Mrs. HestOn hay.
ing been transcribed and sworn TO be-
iore Louis Walters. Appended TO this
Is me statement OF Clerk Bente saw.
ing the complaint Of Butts was ttased
upon the proceedings OF the meeting
or Feberuary &c. 1914.
follows:
Section one deals with the election
or the chief in May OF 1913. under The
Jaw, law, or the charter OF the City OF
Section two: Deals with the ep,ar.
ing upon and the discharge OF his dut.
res as Chiet OF Police Of Wheeling
section three: The grievances n,
tue ueIendant and that he claims the
Charges that are made against him
are untrue.
Section four: The chrges that
MtIt printed IN daily papers based
upon the statements that he had cow
hltteed adultery with Mrs. Fife Hos
Ton previous TO February "a. and sucb
statements based upon her story. All
80 lae appointment Of a special com
inlttee TO look into the charges Tbs
rP'Cial committee names being Cbaq
~. Seabright. William Drake q 9
I2ney, n. 5. Sands. J. S. Butts and
Alex. kennen Of tho Second Rrsnci
ana Edward Naas. George Conrad W
J. MeErail, Louis Seidler. w. r. ONO
ana John VI. Ritter OF the First
branch. That this committee met an,
Erected Butts. chairman: that the,
neard the charges rs made bv Mrs
hestOn and directed Butts TO brin,
Section > Is made up Of Section "a
OF the city charter upon which rho
prosecution Of the chief was based
WIN the petition of the chief amended
IA part II is as follows:
council shall have authority
upon Jhe ming before them. by
any person. Of charges In writing
OF maifCasance or nonfeasanc@
in Office. verified by affidavit
against any officer Of the civ. in
any department thereof. 10 cause
an investigation OF such charges
TO be- made by any officer or on
Gers Of the city. or committee
dcsi gnatcd by council ANY such
oHiCer or officers or cOmmittoo
uesiLuated 20 make such invesff-
cation. shall have authority 20 re-
Qlire the attendance of Witnesses
before him or them. and the pro
ducuon OF any books or papers
pertinent 20 such inquiry or in
NDstIEdtiuu. the subpoena 60 com.
pei the attendance OF such wit
nosscs or the production OF such
books or papers. may be- issued
d. Che Oh,SDr OF officers. or the
chairman OF iuD committee. dsa-