The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-02-17
knowledsed that there was none. but


Il want to show
Here be was cut on BY Chairman
McCillicudy with We will cut this
on right here" adding that he would
not stand for anything unless there
was legal proof to be submitted TO
attack the creditability OF a witness.
Congressman Gard said that he was
opposed TO having a witness i'm
peached before the committee. we
want 10 be courteous to ALL" he said.
Mr.. Howard then announced that
he had nothing further 10 bring out
and the witness was about TO be- ex-
cused. when he (the witness) asked
that he be permitted 10 make an ex-
PLANTATION.
This Il the first intimation OF the
charge" said The witness. "and
know nothing OF any forgery or at
tempted forgery II II the first that
! have ever heard Of H." He was ex-
cused.
Jasper chenoweth.
Mr. Jasper Chenoweth, OF Phllippf
was the next witness called. He said
he was a life insurance commissioner
and bookkeeper. He stated that he
WIS a court crier in the Federal Dis
trict court for Judge Dayton. from
April 20. 1907, until some time in the
early spring OF 1908. Just a short
time before he left his position. he
had n conversation with Judge Day
ton relative to the candidacy of Arnold
G. Scherr and Charles W. Swisher.
candidates for Governor on the Re
publican ticket He said that he met
the Judge on the street, near his
office. and was invited TO the judges
Office. They went there. he continued.
and the subject OF the candidacy of
the two men was introduced by the
Judge.
MY recollection" said the witness,
'is tht the Judge first spoke about
Swisher. saying he was not fit to be
Governor. Do you want me TO tell
just what he said7"
Upon being told 10 90 ahead. the
witness repeated what is purported to
have been said by Judge Dayton about
MIR. Swtsher. The remarks were dis
graceful in the extreme. In ending
the TRADE against Mr.. Swisher. the
witness stated that the Judge had
said: He Il a drunkard. and n
elected Governor. would not let him
cross the Threshold Of my home.
Continuing. the witness stated that
the judge said: "You ought 20 be
governed by MY views in such mat
ters."
who did you favor?" the witness
was asked.
Il hadn't made up my mind TO favor
either OF them" was the reply Il
didn't know anything against either"
AT that time. who did Judge Day
ton support?"
II inferred that he was strongly in
favor of Mr.. Scherr."
Did he do anything further to have
you support Scherr?"
mo, sir"
Did you refuse TO support him.
No. | didn't decide either way"
How long did you hold your posi-
ton after that?"
Not very long"
Who removed your"
Judge Dayton"
Propose Early Primary.
The witness said that in his con-
versation with Judge Dayton. he was
requested to propose an early primary
TO have nominations made for a Gov
ernor. ! told him. he said. that was
opposed to il, and wanted a primary
for all candidates at the one time.
The witness said he was a member
OF the Barbour County Republican
Executive committee at the time. At
the meeting held soon after that tina.
the witness said that a motion was
made providing for the separate pri-
mary and an amendment was made
providing for the primary for all can
didates, and he seconded the amend
ment. but the final vote showed that
just he and the man who offered the
amendment were for II.
How soon after that were you dis
missed?T he was asked.
II don't remember. Perhaps Il was
as much as n week. maybe longer. l
think that II was as much as a week. "
Congressman Gard asked: while
Judge Dayton was acting as a judge
OF United States court he asked you
10 oppose a candidate at the primary
Yes, sir"
Sudden Dismissal.
The witness said that his dismissal
came suddenly. There was spe
cial session OF court in Philippi. As
usual went 20 the court house and
expected TO open Il that morning
was IN the room adjoining, and Geo
N. Kittle and General Charles ID. FL
Holt were in that room. The Judge
looked al me and said: 81 have de
cided to dismiss you. You have told
me an untruth. want only decent
men in my court"
II was hurt His actions we're TO
tally uncalled for. He had formerly
praised me for my services. saying
was the best court crier in the CIR
cult was much hurt by his ac
tons"
Congressman Gs-d: you say hs
gave you no eIplanation?"
Yes. sir"
Attorney Howard on cross-exami
nation asked Are you now con
scious OF a strong feeling against M
1udge2'
y have reason 20 have don't have
the best feeling for him on this &C