The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-02-17
PROSECUTION SCORES MOST
HEAVILY In DAYTON CASE,
CONTINUED FROM PAGE NINE.

AANhNA wan Al IN Al
ia your feeling at this minute kind
lyg- asked Mr.. Howard.
No. cir. but have no desire 70 60
him an injury. I am governed BY
what the Old Book says. Love your
enemies I don't desire to injure
hin I give my evidence in an I'M
biased. honest. Straightforward way
here today"
On redirect examination. Attorney
Belcher. for the prosecution. asked:
Haven't you refused to give any
statement in this matter7'
Yes. ! have been solicited three
times"
John D. Miller.
Mr.. John ID. Miller was called as
the next witness. He said that he
resides in Wheeling and Is general
manager OF the Edward Moore Foun-
dry Company OF New Jersey. He
has lived here about year. his for
mer residence being at Philippi. He
said that he has known Judge Day
ton for about five years.
Attorney Hudson. for the prosecu-
ton. asked the witness: Since the
institution OF these charges have you
been asked to protest against. by wire
or writing. the impeachment proceed
ings In Congress7"
II was. by Mr.. ID. r. Stalnaker."
What relation is he to Major Stall.
naker?"
"A brother. He suggested that 1
wire Congressman Nicely protest
as to his actions in bringing the
charges against Judge Dayton. Il
was some time last summer
Howard ). Wilcox.
Attorney Howard ]. Wilcox, OF Phil
ippi, was called. He stated that he
was given a position in Judge Day
toms court as a law clerk in Noven-
Der. 1910. and later became assistant
United States district attorney, and
remained in the service until April.
1914.
Chairman McGnlicuddy asked him
to tell what he knew concerning any
statements that he heard Judge Day
ton make while charging grand ju-
ries that did not properly belong in
the charge. asking especially con-
corning alleged remarks concerning
the referendum and recall or any po-
litical matters. The witness replied
that he had heard the Judge include
in his charges references to such mat
tiers.
WAS It a custom" asked the chair
man.
Well. ] wouldn't say he did 1t to
each jury"
Then your idea is it was fire.
quent?"
Eyes sir"
when he discussed the referen-
dunn and recall, what was his
manner"
He seemed TO be in earnest"
Rather. a criticism"
Yes, rather"
Congressman Gard asked: Were
his charges such as this, which find
In Wheeling newspaper of February
10:
one Of the allegations Is that
Judge Dayton airs Irrelevant mat
tiers and goes to great length in
struetina grand Juries. Well Il is
true the Judge usually starts with
the founding Of Rome or Chris
tianity and always beyond the
Corpus Juris ciVitles Of Emperor
Justinian, traces the march OF
civilization down the corridors Of
time follows the development Of
the English law and its transplant
ing on American shores, brings
out infinitely the distinctions Of
the three departments Of govern
nent, the legislative, the eseeu-
tive and Judicial and ends with
the lniquities Of the referendum
the initiative and the reealI'T
Il wouldn't say that he always did
those things" was the answer.
Attorney Belcher asked: Were you
In Parkersburg at the time when
Judge Dayton charged the grand jury
in reference to the city government
OF Parkersburg2"
Il was there. heard some part
I heard that"
Something was said regarding the
81 don't remember. He disapproved
commission form of government"
OF that form"
Chairman McGlnicuddy asked: did
he disapprove OF that in his charger
Il do not remember whether It was
a part OF the charge"
Attorney Belcher: Il will ask II
he I'd say that he was opposed TO that
form OF government"
DO you remember that the news.
papers there printed this IN their re.
port Of the charges 10 the grand
jury
"As have stated before. / heard
him express himself that way, hut
don't recall 81 being IN the charges
TO the grand jury"
DO you remember OF him CRITICS.
Ing a jury when the verdict was not
In accordance with his views7"
y have heard expressions OF that
kind. Once In a white slave case the
court offered some criticism OF the
jury after the jury had rendered its
verdict"
Witness was excused
William Taylor George
Hon. William Taylor George Of
Phnippi. was called Re stated tina,
no DE- a practicing attorney IN Phinp
~ end has been practicing for about