The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1916-01-17
Only One Point A Issue u
The Mind Of Judge
Dayton.
TRIAL ]. SET F0RfTHgRSlA | 0! |. !!
Probabilities Are That At
torneys for D efend dants
Will Ask Continuance.

| Especial to Tile West ytrstniant
PARKERSBURG u Jam AIudge
Dayton in the federal court this morn
ing over.ruled the motions made iTt4'
day by the attorneys for those andies
ed in the iFairmont post offee 20 quasi
:he indictments, ana set Thursday cs
this week for the date sot the trial.
Judge Blizzard, one OF the able attor.
neys representing the former post or
Gee employees, is confined to his home
with a severe illness and Ct was ru.
mored that should Judge blizzard stiil
be Ill on Thursday that q motion will
be made for q continuanceRo OF the trial
to the next session Of the fedefnl
court. Nothing definite saiong this iiTia
can be done. however, until court con.
venes on Thursday morning
In over-ruling the mot ton 70 qnnsh
the indictments Judge Dayton stated
that there was but one point nov d
issue in the case, namely the intenk
OF those who resigned their postttnn
! at the Fairmont post flee last No.
,ember. II they resigned from the
service without the intent Co cttppia
the service and delay the mails bue
simply wished to retire from tlie gov
eminent service, they are guilty OF 20
crime; but il they resigned from the
post office department. at Eairmont
with the intention of delaying tlt6
mainls and Gripping the Service thnk
is another question. Attorneys tc9
Ithe accused contend that the mer
who quit had no intention Of delaying
the mails and had no knowledge thar
they were commit ting any crtrninal
offense when theyyresig
Remarks dropped by Judge dayton
from the bench during the time the
attorneys were nal king the motion "a
quash the tndictmer erts, intimated ttas
Judge Dayton knew no stntute which
prevented the men from sresIgntng one
at time or In III boo dy, with or with
out notice. The solo Question ia the
mind OF the court seemingly 20 be
whether or not there gwaa any inteu'
ton on the part OF ithose$who resi- signed
| to conspire to delay tile matIa.
The ruling Of Judge Dayton tliia
morning means that the post Office
men will have to return % Rarkerni
burg for the trial. AS the case IS
called for Thursday morning at 10
O'clock, they will likely leave hero
on the four o clock car sWednes dag af-
ternoon and catch 55 out Of Clark
burg, which will get them 20 RaElsere.
burg just before nine: Some q thosa
who must appear before the court on
Thursday may leave here before We'd
nesday evening.
Attorneys for the indicted partiel
are confident that they viii WIN the
case, as they claim that their client1
had no knowledge Whatsoever thai
they were committing criuitral OF
tense and elieveda that they were en-
ti:ely within til ghtss u taiSirg tina
action which they did.
In commenting on the case today
ono Of the attorneys stated that u
OF those who resigned went tack ~
the post Office the next day and e4.
pressed q willing 70 help out 1nu'
things were running smoothty onca
more and that two fof them worked G,
the post office until after the holidsl
season. Z,
"FIad there been any Intention og
their part. to crippie the serFice." said
the attorney; .stwhy would they hare
returned and yol1nteered 10 help Out
until conditions became normal"