The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-05-05
CASES
ARE HEARD IN
FEDERAL COURT
MAY SESSION OF DISTRICT or ZOE
THERN WEST VIRGINIA OPENS
JUDGE DAYTON PAES1pU6
Docket FILLED With Criminal and Owl
Cases That viii Take Some Time
To Dispose OF

Tho United States District Court for
the Northern District OF West Virginia
morning on the second floor Of the
Federal building at Twelfth and Chap
line streets. United States Judge Aston
g. Dayton presiding and assistant dis
trict attorney II. II. Byrer handled the
prosecutions.
The federal grand jury as sworn in
consisted of Victor F.. Myers. foreman:
James {. Reed. Joseph &. Cook, John
". Bryan. Howard Claypool. Francis NJ.
! Cosgay. william ]. Devine. Charles II.
Juergens. Robert G. Linsley, Seaton Al
exandcr. Lewis Dimmy, William G. Wei
mrr. James $. Kline. James E. Wickham
and Frank G. Brookhart.
Judge Dayton made an able charge 70
tho Grand Jury, touching upon all OF the
matters that would probably come be-
Charge To The Jury
He spoke on the violations Of the
!! liquor. narcotic. interstate commerce
anu postal laws and stated that the Nio-
lhtions OF the interstate commerce laws
have caused annual losses Of $l0.OOO.000
iu the railroad companies OF this coun-
try Many Of these violations were
made by employees. supposed to be GUS
lodiuns Of the property.
Judge Dayton also touched upon the
feeling of unrest in this country at
present and asked all TO stand out Tor
and bravely uphold the law. Take the
fear OF the law away for thirty days.
said Judge Dayton, "and instead of
peace and happiness in this country. we
would have a whirlwind Of lawless-
ness"
He also said, in connection with the
white slave traffic, God made man to
protect women not to drag them down
and hope you gentlemen will give due
confederation TO any white slave viola
lions brought before you. and II you
think they arc guilty nave them
brought into court for trial.
Don't Loan Your Pass
There is government regulation
that forpids railroads issuing passes TO
anyone but employees. The latter can
not lend them TO anyone nno ,,o You may may
passes have been loaned. If so. let
those who violated this law be sent into
court for trial"
The grand jury then retired.
During the morning q motion FOR a
new trial in the case OF the stevens
Adamspn Co. w. Phillips Sheet and TIN
Plate TO. remanded from Elklns. W.
Va. was overruled and judgment en-
tered for SS399.
commenced with plea made by Attor-
ncv Cunningham for his client, John
Smith, Of Barbour county. for con-
tinuancc Of the case against him. he
had been arrested on charge OF Vio-
Attorney Cunningham stated his ell
ent had been tried on IL like charge in
Barbour county and had received three
years IN states prison and was tined
$500. He is now out on bond pending
appeal.
NAY Grant Plea
Judge Dayton was OF the opinion mat
II might be best to grant the attorney
request in order TO avoid confusion IN
the courts and asked him 10 file docu-
Gl.
he would then decide upon the matter.
The case OF Frank Fisher. given three
years in the Atlanta penitentiary al the
last term Of court for violation OF the
white slave act. and whose case Vas
sent back on appeal, was continued. The
prosecuting witness. young girl mas
been married and is now i'll and cannot
appear in court. Fishers bond was re-
newed.
Then. information in long list of
LIQUOR violation cases, was heard by
Judge Dayton. Some of the men pleaded
not guilty and were remanded for trial.
In the major portion OF the cases
presented Tuesday afternoon the deLeno-
Dayton took all Of this into consldera-
wrong idea Prevails.
II want to say" said Judge Dayton
that an idea has somehow ootalneo CIR
culation among the more Ignorant that
men can make liquor in their own MONIES
for their own consumption. l do not
construe the law that way. A man VINO
had liquor in his house at the time me
prohibition laws came into erect can
keep il there for himself, but he cannot
manufacture the stun.
The first case called was that Of Alex
Kcskic, from Harrison county, VINO II
was claimed. made six pints or FhlsKey;
Keskic pleaded not guilty ana Will slailu
trial.
Albert richards, Of Harrison county
were called. both charged with violating
the prohibition act Richard a,,l piea oHd
threw himself on the mercy OF the
court.
II was shown he was hard working
man and had sick wife and three chill
dren. He had destroyed his still some
weeks before he was caught ana .nao
abandoned making liquor.
Confessed Crime.
manufacture but he stated he made II
manufacture but the stated he made II
principally for his wife, who Is SICK.
Judge Dayton said: Il don't want
anyone to think think my decision In
this case is 4 precedent. I want every
one 10 know that they cannot MAKE
whiskcy. But there are racts IN TINS
case that show Swger voluntarily, gave
up the business and he openly confesses
he did make the stuff and has promised
TO make no more. Ten dollars ana costs,
Joe Sabat appeared from harrison
county 10 answer charge OF transport
ing liquor from Ohio into West Virginia
II was not known whether he INTENDED
to sell the stuff or not. Assistant Dis
trict Attorney Harry II. Byrer suggested
a fine Of $500 and costs, which was as
sessed and which the defendant over to
District clerk a. T. Barrett. at the ad-
journment of court.
Mary Jacobs case was passed until
Thursday. She Ia out on bail.
Made "Hot Drops"
Nick Norma, who Is charged with
making hot drops" pleaded guilty. but
sentence was deferred. He is under
bond
Val p. Meklus. Of ClarksburG. sold
some sort Of medicine that It was said
would make maj turn seven back hand.
springs and then climb tree. Val
claimed he had bought the stuff in his
capacity as a store keeper and he had
pocket full Of letters he wanted TO show |
the judge or anyone who wanted TO look
at them.
He also made the statement that al
though a store keeper. he was no prof.