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

was going from WAshington 10 Allan
tic City 20 complete the plot
Hon Roy Waugh.
hon Roy Waugh. eK-U nited states
District Attorney. a resident OF Buck
hannon. was the third witness called
He stated that he frequently attended
judge Daytonis court
Have you heard him nut into
charges personal and political views7"
be was asked.
TO certain extent. have. Il
IL true that the judge has made 81.
pressions as TO changes In city char
tefs, commission form OF government,
referendum and recall and other mat
teTs. lie didn't approve of the latter
IN such things coming before the
grand jury be was plain In his Ian
guage."
Mr. Waugh said he knew OF no in.
stance OF Judge Dayton's Submitting
names OF men he desired summoned
as Jurors. This refutes testimony Civ
en- by G d. Elliott Mr.. Waugh ex-
planned that the jury commissioners
didn't seem TO understand how they
were TO draw jurors. Often men from
the same counties were summoned az
I Federal court sessions in different
beANe VI Aut NlEIlltL.
waugh said he never heard Judge
Dayton eonemn the u. $. Supreme
court for adopting rules. but that the
Judge did not seem TO approve SUCH
rules
Waugh stated he had knowledge OF
Judge Dayton ordering the marshal
not TO pay Witnesses who were brand
ed as wilful perjurors. Waugh said
ne was probably responsible for such
conditions. since he asked the court to
stop fees OF professional witnesses
VINO made living by such methods
MI Waugh in summing up admitted
that Judge Dayton did not approve OF
the recall OF judges and other reform
measures
Congressman Gard inquired as 10
Colonel Roosevelt's idea OF the recall.
The Judge thought the colonel was
wrong"
You know that the Judge is a man
OF strong convictions
Yes"
Always tree with his opinions from
the bench?"
Yes. sir
Isn't II true that the Judge likes
10 discuss these things ana the people
all over the district attend to hear
his tirades?"
II don't know"
George johnson.
MI George Johnson was called fol-
lowing Mr. Waugh. He had testified
before the commission at Parkers-
burg. He was questioned as to a let.
ter from Judge Dayton. He refused 10
produce copy OF the letter, since IL
was very personal. The commission
ers demanded the letter and IL was
produced.
The witness read from the letter
Il explained that Judge Dayton. the
writer. had been pressed with politi-
cal appointments and for time his
confirmation seemed In doubt Judge
Dayton was to leave IL to Judge Biz.
gard, who was 10 be referee at Park
ersburg. Judge Dayton had accord
ingly promised the office TO the wit
ness. The writer explained that he
was called upon by Blizzard, Glass
cock. Elliott. Northcott. ct al. 20 APP
point a successor TO johnson and that
he was compelled 10 appoint another
although deeply regretting such &C
tton. Judge Dayton said, in closing
that the experiment OF naming two
referees in Wheeling was giving him
constant trouble.
Johnson told OF Judge jackson be-
ing approached by a government de-
tective. who demanded the judges
| resignation, threatening impeachment
proceedings. Il vas arranged that
Johnson and Jackson 20 to Washing
/ ton. There they net Judge Holt. and
Holt, told Johnson he believed some
one had "sCalped the Judge"
We were to 30 there TO examine
certain charges which I am satisfied
were not true. We did not have the.
chance TO examine these charges. and
before We could act Judge Jackson
had resigned. The charges never got
70 The house. and 80 far as 7 know
were in the hands = the attorney gen.
Cral"
Efforts were made to produce a
conversation between John McGraw
and c. r. Teeter li Washington. but
the committee explained that this
matter had been gone into.
W. 3. Ware.
Mr.. W p. Ware. an attorney Of
Ph'lippi, testified that he prosecuted
suit against the =. & o. railroad in
which Arthur Dayton was sole coun.I
sci Tor the company. Ware said hsl
felt throughout the case that Judge
Dayton was opposed to him and the
plaintiff. judge Dayton left the bench
and examined the witness. and
brought out something new from The