The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-02-13
JUDGE DAYTON
,cOnunu.a from Fir,, r.r.s

tcontinusd from FIRST Pazsl
Judge Blizzard 10 secure admissions
supporting the charge against Judge
Dayton conspired with the h. and o.
and West Virginia politicians TO bring
about the retirement Of Judge Jack.
son and secure Judge Dayton's APP
pointment Judge blizzard explained
10 the ID. and o. officers after Judge
Jackson's removal and interceding for
Iron Judge" he did 30 as a matter OF
friendship and because he knew Judge
jackson did not have "of this worlds
goods" lie said Judge jackson showed
him checks AT different times re-
ceived from the Il. and o. arranging
from $3.50 10 $500. but said these were
given for services rendered as an at
torney. Much OF Judge billiards. tes-
timony related TO his visit to Washing
10 with J. T. McGraw and Geo. w.
johnson OF this city. In 1905. at the
time OF Judge Jacksons resignation
and was with reference 10 the circum-
stances attending. Judge Blizzard tes-
tihed guardedly. and At times sought
TO give his theory OF certain events.
but TO be interrupted by the commit
tee. which permitted attorneys on each
side TO ask the witness and which also
asked many questions itself Other
Witnesses OF the day were "A j. G.. Nc
Lure who testified regarding the con
duct OF cases in court and the drawing
OF juries. charges that the Judge Day
ton had caused iuries TO be drawn I'M
fairly being included IN the specifica-
tons. Miss Jackson. the purport OF
whose testimony IL given above, and
former United States Deputy Mar
shalls Marrett and Rapp. who were
also asked concerning the drawing OF
juries and other minor matters includ-
ing expenses OF the Judge In travelling.
Judge Mcclure admitted that in the
trial OF the Bumgardner case in which
he was counsel Judge Dayton had tax
en- witnesses out OF his hands and
had asked them questions in a man
ner prejudicial TO his case which he
said had made him "a bit sore" What
they were he did not remember he
said land neither did they greatly i'm
press him at the time as he sought
no review of the case.
Caused Sensation.
Deputy Marshall Rapp caused a
small sized sensation when he testi-
fed that in the trial OF the case in
Wheeling in which the b. 4 o. was de-
PENDANT and in which a jury had
brought in a verdict for the plaintin.
Judge Dayton had said rather angrily.
1T takes thirteen men to decide a
case in this court" and added that
Judge Dayton said unless two thous-
and was taken on the verdict he
would set IL aside. He said Judge
Dayton did this on his own motion.
Subsequently when questioned by Mr.
Howard. of Judge Dayton's counsel. he
was not sure but thst the motion had
been made by Attorney Henry NJ. Rus
sell TO set the verdict aside.
The attorneys for Judge Dayton
asked that the summons be issued for
Attorney Frank O'BrIen of Wheeling.
that they might develop that fact but
the committee said il was not at this
time going into the merits OF the case,
Committeeman Gard declaring that IL
was a matter of securing facts suf-
hcient II they existed. upon which TO
impeach Judge Dayton.
Congressman McGIllicudy. Danforth
and Gard were the committee named
to hear the testimony. arrived at
noon, and after dinner began work at
once. Mr.. McGilliCudy is the chair
man. Judge Dayton Is represented by
Attorney John A. Howard. OF Wheel.
ing; John J. Cornwell, OF Romney. and
his son. Arthur Dayton all OF whom
sat at his side throughout the after
noon although the counsel for the
judge examined few of the witnesses
and none Of them NJ length. Repre-
senting the petitioners are Attorney
Hudson. OF Washington and a. NJ.
Belcher OF Charleston. Messrs. McGH.
licudy and Gard conducted much OF
the examination. Saturdays witnesses
viii include Democratic National
Committeeman John r. McGraw. and
Judge John II. Holt. The committee
expressed a desire 10 complete the
work by Saturday night and 90 open
sessions In Wheeling on Monday
morning.
Opened at Three.
II was nearly three O'Clock when tho
committee actually opened It's inquiry
Chairman McGillicuddy made n brief
statement Of the purpose Of the com
mittee, asking that witnesses give
heir testimony In full He said judge
Dayton would have the privilege OF
being represented and Of cross ex.-
aiming witnesses. The chairman
then read the resolution authorizing
the investigation.
VIM. Beard and Judge McCIeur were
the FIRST witnesses. The latter testI-
ned Judge Dayton charged the grand
jury frequently that no saloon man
could be honest lie said Judge Day
ton interposed questions 20 witness IN
one case and made mo n biz sore"
Judge Blizzard was the next witness.
Mr.. Belcher sckod how long he had
known Judge DAYTON and he said boz
iimsirly since 19Ut DC was asked u
no know Judge Jackson end no repiIed
Very well. indeed" ffe confessed a..
quainiance likewise with John 30 Holt
and John r MrGraw and George vs.
johnson ie was asked m be- knew
q. = Icter and Faid he know him
very well, but ga not know that he
was connected with the % A. o. Ur
also knew Ran Stalnaker. said b. had
known him Tor fifteen years Tor ten
years Intimately. Dc said be- knew the
latter had some connection with the
q. but just Ehat he did not know
iie was asked n Mosers Ncgraw.
hplt and Johnson represented judge
Jackson 90 The slime of threatened Im
parchment and he said De- did not
know as 10 Mr. Holt tIa did know
That Mr. McGraw and Mr. Johnrop
we're closely associated with the late
JUDGE Jackson. ln reply fo q question
Do admitted that hn and Mr. r.Hrurs..