The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-03-05
Attorney Seeks To Prevent
Prosecution BY Kanawka
Courts.
WILLLAST SEVERAL DAYS
INDICTMENTS ALLEeE DEFEND.
ENTSTRlEo TO sRleE LATE
II. N. OGDEN.
tRy AssocLated Press.)

CHARLESTON, w. Va, March s.
Hearing on the petition OF a. Leo We'll
of Pittsburgh, for a writ of prohibit.
tion 70 prevent 7. c. Townsend. pros
ecuting attorney of Kanawha county,
and Judge K. Black, OF the Interme.
diate court, from proceeding further
With the ejindictments against him. be-
gan today in the circuit court here.
The arguments. in which there is wide
spread interest because of the prom.
inencyi Of some of the persons con-
cerned are expected to continue sew.
days
,stccording to the petition filed by
Well. he was arrested on q Balti.
sS'fe & Ohio railroad train near WIZ
iiamstown, w. Va, while on his way
Ito Parkersburg to argue motion in
the federal district court for the ap.
pointment ofsa master TO take testi.
mony on the issues raised by bill Of
counsel of the Manufacturers Light
& Heat Company. The Public Service
Commission had ordered the Gas com.
pany to reduce its rates for natural
gas. and the company had appealed
u
The warrantiwas issued by C. w. Der.
ing, a justice Of the peace at Charles.
ton, and charged that Well had con.
spired In an attempt to bribe Charles
II. Bronson, a member Of the commits.
sion. We'll offered to give bail at Park
ersburg or Huntington and thus save
the time of the trip to Charleston, but
Sheriff Bonner Hill of Charleston took
him to Charleston, where he gave bail
In s25,100t before Justice Dering. The
next day a. special grand Jury was
drawn and We'll was indicted after
Charles ID. Elliott, former adjutant
general Of West Virginia, and Guy B.
BSddingerh a. private detective, had
given Testimony. The indictment
charged that We'll had employed Ell.
iiott to bribe Howard N. Ogden, a
member the public service commits.
sion, to give certain testimony in the
federal court in the suit of the Manu-
against the Public Service Commits.
sion,
In his petition Mr.. We'll says that
when he appeared in the court Of JUS
tice Dering to answer the charge on
which he was arrested, Prosecutor
Townsend had the charge dismissed.
Well then gave bond for his appear.
ance to answer the indictment in the
intermediate court.
ALLEGED interference OF Governor
Hatfield in the business of the public
service commission, telephone de.
vices for recording conversations as
we'll as q number of other features
have made the prosecution against
Well and the controversy OF the gas
company and the public service com.
mission a sensational feature of West
virginia business and politics.
When Judge Benjamin D. Little.
page called the Circuit Court to order
Prosecuting Attorney Townsend ask.
ed the hearing be postponed until Ia.
ter in the day, as his associate coun
sci, Congressman s. B. Avis, had been
detained in Washington. There was
no Objections and the hour was set
at Q ps m. Mr.. Townsend said that
he would file a demurrer to the We'll
petition and moved to quash the rule
on Judge Black of the intermediate
Court toSappear and show cause why
he should not be prohibited from pro.
ceeding in the case. By so doing the
State virtually admits the facts as
contained in the petition and allowed
the hearing to proceed on that basis,
he said.