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

the attorneys for both sides and with
CUT proper information the counsel
Tor the defense is forced To come be-
lore the body only for the restraining
order Of Judge Hervey."
Mr.. Conih Talks.
Attorney Conin in answer to Mr..
Chew said:
- believe that the statements Of
Mr.. Chew should be answered. AS
you know, Mr.. Brennan while we were
gong all IN our power to bring the
case to trial, became sick. II then
oevoived upon me 70 take the br,,nt
OF the Job and try and arrange a date
win the counsel for the other side
called Mr.. SommerviIle at mis- Office
tuesday, afternoon and tried 70 make
We oSte with him. he informed me
that he would do nothinq until he
conferred with Judge Nesbitt.
SAID further that he would call
We " apout an hour I waited. then
Sneu MS once again and was told
tnat ne was out. I then called Judoe
Ssoiu and asked him II he had
TAXED 70 Mr.. SommerVille and he
saId NO. then told him. you call
senator SommerVilie and tell him that
" ] DO not hear from him this even
ing, (Iuesdsy) ! will have the chair
man call the hearing for THURSDAY
ng- ! Old not hear from Senator
SotnmerViile; he was in Martina
Ferry; and the chairman was in,
strueted 70 call the meeting. Unfor-
tunateiy, gentlemen, the former meet
ing mad adjourned to meet at the cali
tne attorneys for both sides and
NOT az the call Of the Chairman
- did not have this rreetino e.II.d
70 railroad the other side, but TO have
tnem come here and show WIN the>,
were NOT ready to proceed with the
case. We had been going along and
ndo uleo az previous times to ar
.ahSe cate, but without result. and
began to come to the coneIusion thst
tne nearing would never be set. AS
tor counsel for the other side MT hs,,
Ing time, they had the same time ss
shy one else. Their witnesses vxere
noneo az the same time the Others
xe ana furthermore they claimed
I from the start that they were resd1
to proceed" e@'S
~, Chew For Defense.
M. NEW answered by saving that
~, me prosecution had had all kinds OF
IiIne IN which to prepare their c,sc
senator Sonmerville then said.
l., Mr. ConiH IS altogether mistaken
" nIs statement concerning me hay-
ing slde-stepped the Issue. ! told hin,
nSa an engagement In Martins
with Mr.. Nesbitt. called for "a
Nesbitt but he was not at his oainc
and ] could not locate him. Env.,sS,
tnIs meeting was called in direct VIC.
Iation OF the agreement"
Mt. Conim holly retorted.
"Mr. SommerVilic said that he triad
70 get Mr.. Nesbitt ard could not.
tried 70 call Mr.. Nesbitt five r1inItes
I after ] had finished taIkinq 10 ire
senator and succeeded in getting him.
! nave tried az various times to oct
some satisfaction out Of the men o.
the other side but could not and have
not been able TO get them toqether
. ,Ird THIS evening: realize, and /
solo mr. Nesbttt that II was a sor-
rowtul situation that made Il necex-
sary for US TO wait upon each Other
to call the neetina."
Mr.. SOmmerville then said.
III Is not question Of what II
should have been but what IL is. and
. gentlemen, Il was the Determined 81
forts Of the prosecution 20 railroad US
into meeting that caused US 20 an
ply 20 the Circuit court and take the
case 20 that court"
Mr.. COnim responded holly.
mo one was trying 20 railroad you
INTO trial You may make some
people believe that, bot IL is oofno
to be hard 20 make the public think
Mr. SommervilIe.
- say we were railrosded. that we
we're not properly notified and that
Mr.. Conih Old not make the efforts 70
Get counsel for the defense that he
claims he did"
\ Mr. Couih.
- say that I did gentlemen. and Il
IS a question Of his word against
Al about this juncture Mr. Greene
arose at p point OF order To- ask why
an the argument
Mr. Couin continued.
"Mr. Sommerville may not have
meant anytf'n1 but his attitude from
the stsrt lead ne 20 believe that ne
never would agree uoon time"
Ready 20 Fight.
This statement brrulht forth an.
pIau.o and Mr. SommorFillo % his
iHnt with p ringing denial of tho state
mont If hrran to look ae though Mr.
oliu nhd th" Senator would mix up
DOB blow but fortunately judge Nos
bits even tones broke upon the ST.
,.nce 'nd inyod tho storm. judge
"Mr Coui0 ir distinctly mistaken
WHOM Do says that hc told me Tuerdav
ri-ht mat Tho case would be- called for
tonight N we dii not agree mon d
time. That matter was taken up af n
op9ratn time a written order was
fsued 10 On attorney in the schmu-
bach building fo attend meeting that
hr bed nothing to DIP with. We we're
not formally notified
Mr. Couln % know Judge Nosbfff.r
voice very we'll . told him distinetfv
ihff % DO not hear from Mr. SOM
m'rville win call meeting of thc
committee"
Mr. NcabItt. e want 90 saw I'm bobsrf
~ Cur client. Chief Leviaud that lie
Ile been ready from tho start Whom
thc board asked FOR a hearing or ar
inrcef'gatIUn ho was there. whom
council took tho matter up ho v.sa
there fo DO heard. when tho council
D committee was Instructed 90 take un
I The matter ho was there and ready f1
iDo heard. and when a special commit