The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-02-17

ner e al. that JudEe Dayton did not
prevent him from taking any tssti-
Douy. He was questioned concern
INK certain other cases. but said he
did not remember as 20 the disposal
OF those cases. as a successor vas ap-
pointed. Attorney Belcher stated
that there were no charges only
those that were fled with the com
mittee on rules.
Mr.. Wilcox was asked whether or
not he was prevented from taking
any parts OF the testimony in the Van
Bittner case He said he was not.
and that he took everything that
dealt with the trial. 1T f. 10 the rec,
ord. and Il viii speak for itself" He
concluded that there might be some
thing the judge said not directly deal
ing With the case that might not be
In the record
c. William Kramer.
Mr.. c. William Kramer. attorney OF
Morgantown. was next called. He
said be was prosecuting attorney OF
Monongalia county from l9O4-lsoS.
lie told OF resolution being promul-
gated and presented TO the bar as
ISOLATION az a meeting held in Nor
eantown- He explained that the res
olutions spoke OF the integrity and
honesty OF Judge Dayton. He said
he opposed the resolutions because
they did not represent his sentiments
or tho sentiments OF several OF the
members.
Showed Discrimination.
zone OF my reasons for opposing
the resolutions was knew of an in
fstA
ton" He told OF the case as fol
lows: Illegal liquor sales covers one.
poor negro and another a well-to 90
white man. The negro cot six months
In Jail and the white man didn't get
anything. although both were guilty
OF the same offense.
On cross-examination he told that
the white mans name was Winfield
Iygart and the negro's name was
Dennis Barker. He stated he was not
charging Judge Dayton with any
thlng- In explaining his action before
the bar association he said he could
rot vote on the resolution because he
did not believes Judge could he
square when he would sentence one
man and turn another loose when
they were both guilty OF the same Of
Tense.
Mr.. Gard asked the witness II Mr..
Iygart was a man OF political infiu-
ence. and he said that he was with
some classes.
Joseph 3. Gibson.
Mr.. Jos. b. Gibson. OF Kingwood. an
attorney. was next called and told OF
| the same resolution being taken up.
lie said that Mr.. +. ]. Crogan, presi-
dent OF the Bar. called him and said
mere would be meeting of the Bar.
The witness said the attorney repre-
sented the b. & o. railroad company.
VI the occasion spoken of. he said.
mere were six attorneys present at
the Bar meeting. with a membership
OF ls' MI. Brady. Of Judge Dayton s
court a referee in bankruptcy, was
present at that meeting The witness
said he opposed the resolution be-
cause he had personal reasons. The
witness said that he would not sign
the resolutions. although he believed
there was majority OF the opinion
the resolution was all right. although
opinion was not unanimous
No More Witnesses
AZ the conclusion OF Mr.. Glbson's
testimony. Attorney Bledsoe for the
prosecution announced that he had no
other Witnesses that he could examine
at mat time. and asked that adjourn
ment be taken until this morning. He
concluded by saying that he believed
ne could finish with his witnesses
within few hours this morning.
Chairman McGillicudy Informed the
counsel that he did not wish to crowd
out that the committee was desirious
or getting TO Washington as soon "a
possible, and would be pleased IL coun-
sci would hurry as much as possible
lie said II was hoped to leave Wheel
ing this evening and was informed
ne could do so at 7.30 O'Clock. He
asked that counsel inform the com
mittee this morning whether or not
II could finish by this evening. TO
allow them TO make their arrange
ments for leaving.
Here j. A. Howard for the defense
attacked the prosecution for asking
TOT adJournments when Il had wit
nesses II could call n Il so desired
In the persons OF Charles McCamic
and Mr.. owen. He was Informed nv
the prosecutions counsel that they
would call their witnesses in the order
they dseired. Mr.. Howard stated that
he did not wish 10 dictate as TO the
order the witnesses were tailed but
II the prosecution did not call them ne
would ask the commission to do so
this morning
Adjournment was then taken until
d u m mn 10 a