The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-03-11
HARD FOUGHT CASE DECIDED
AMID EXCITING
SCENES.
Tilt With Court BY Avis and Town.
send Brings Spectators 10
Feet-Will Appeal

'i,ssis. la,natch 20 the tutsIlirerrsr
EHAtI.tS TON. ". Va. March 10
u lht terms OF the eastern hemis-
bhtre az present. West Virrinia tc.
DAY lost It's first position IN ths bstii..
iI'sah nNe days aEo against the mi.
.'>ed attempts OF a great ccrporstIor
70 corrupt members OF her pubIi,
H'I'lC' commission. but She has only
Ittreated 20 "A higher eminence-
Subi ehle Cour, of Appeals-and again
tcrmined stand
writ OF prohibition today was
sIduteu bl Judge Samuel n T5ffI.-
page. OF the kanawha Circuit Corrt
PEI niianCntly restraining Judge Henry
n blaCk, OF the intermediate Couri
s,lu .I'l'l.- IIoseCutlng Attorney Thomas
loNhsend from proceeding in tb,
prosecution Of indictments against A
Leo Wen. the Pittsburgh atfornev of
10" manufacturers Light A Heat 60
ton N'''"' ooiPors'
The climax in the case came sud.
denly. and scene of Great svrit.
ment accompanied the swift action in
Nhlch the issue in the PROCEEDINGS
was decided by the court IN a short
opinion dictated from he bench.
prosecutor Townsend had taken I'M
aIs AT uinenis on behalf ot the State and
!n. intermediate Court where no rad
L "a
halted for a moment 10 his address In
asked OF the court. '"
Tit With Court
-. ISh " violation OF the laws Of
M"st virginia TO hire and procure a
man 10 bribe a State oniCiai9"
/ don know whether n fs or mt s.
th' court responded n YOU ua,d
irai man BiddinEer $1,000 to come
mere and bribe our legislators "
-. 'oes your honor mean 10 say from
lhls bench that We employed Biddip-
E.I 70 bribe the legislators when tho
supreme Court holds to the Contra
mcnt o." az o'''''i'
don't know who did a." the courF
re- reS99oPihaed. 1t seems that he was
:, III that j. Your Honor's position m
the case. Prosecuting Attornev
Townsend said hestedly. we had bef
ter quit the Casg"
And turning To his colleague ne
said We will withdraw right nov, "
LActement ran hiEh. and while
IItFt was no disorder. every lawyer
ana every spectator m the court room
was on his feet. while with flushed
rae" and trcmulous voice. Judge I if.
sion
The Decision.
on the three points in this r.-.
uI7l on The question OF the lndiet-
ment. ] hold that the Indictment do
not CharcC that the defendant M
tempted 10 produce false Testimony. or
brlbe witness 20 swear falsely
therefore think that the cndictment is
"On the question a. ~ whether tho
accessory could be tried I'm this state
Tor an ohouse advised while no ,rgs
IN Fennsy ylvania. the court is i'm ssr-
lous doubt about that. I am inclined
10 think that he could be-.
On the third question az 10 whpfh-
or this defendant committed an of.
Tense against the state law nv az
tempting, as charged in the indi.f.
m'nt. 10 produce evidence in the caee
pending In the Federal court. I hold
that the Federal court has iurigdic-
lion over that matter entirely. and
that the intermediate court Of this
county has not. 7 therefore sustain
the writ
II don't think - q violation OF tho
!aW Tor man 10 offer a reward Tor
the securing of the honest trutb in "a
court OF justice. whether a man 10
hnEAnt or lawyer Tho trufb raD
really hurt or wrong nobody"
has0 conference Of ATTORNEYS fol
loved affor which on request on tho
state. th" court granted thirty dav
iay OF Judgment, and Prosecuting Al
torncy Townsend announced that 10
would appeal the case 10 tho guprcroa
'ourt OF Appeals Of West Virginia