The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-12-10
ONE OF EACH TYPE Is CERTIFIED
TO STATE APPEAL TRIBUNAL
States Attorneys Refuse 10 Enter Into
Motion Forwarded

Nae different indictments in the cleo
tio, fraud cases will he certified 10 the
surrcu,s court OF appeals OF West VIZ
XVI. :ur that tribunals opinion as -
tnc;r SuitcienCy. This was decided Up
on at u conferences yesterday afternoon
OF states attorneys, defense attorneys
and Judge Man II. Robinson. judge
Robinson sent the certified inGlrimeh
yesterday afternoon aud they will b. II
the hands oS the Clerk Of the supreme
court OF appeals today.
Those present were Attorneys J. Fern
ard HaNdlap and James NJ. NHtz. repre-
seatiDg the defense; Prosecuting AZ
torasy Carl G. Bachnanu uad assistants
Austin Y. Wood and Clinton X Camp
bell. representing the state and Judg"
Robinson. The STATE refused 10 enter
into the motion n any manner and tn"
defense took TO part other than ASSIST
ing the court in preparing the papers.
The certificates and IN. forms o. IN
d!CtmeatS. represent one OF each N!"H
OF indictment returned IN the election
investigation by the September grand
Jury. II Is likely that one OF the coUA-
sci for the defense Will 80 10 Charles
ton early in the week and perSuna!.y
move the court to consider them L"
this way. the defense hopes TO have The
supreme court go on record IN hanu.'hS
the matter rs coming directly from the
criminal court instead OF through the
circuit court.
The indictments chosen are two
forms AGAINST Humc- G.. Crago. !ndlct'
ucots Nos. =. 3 and I. against Buriey
Thompsun; Joint indictments against
ErHc Crusum!,.. Grin Carson and Walter
Schmidt. and Frank KuseasN Sand Orion
Carson; joint indictments against Bur
ley Tho,r7Sun and J. J. /. O'HTieA. ana
!ndsctmen, against Selby Jones.
The state asked that the court over
rule the motion for new trial IN the
BesScmer Nail case and then let the de-
Tense take an appeal on that issue TO the
supreme court. but the defense REUSED
10 listen 70 such an arrangement. Inc
state in tho meantime made II clear
that 1, woulu~aot Join In any way In the
CertiEcatiun oE indictments to the Su'
prcme court. but insisted that the mat
ters, Including the indictments. question
u admitting ballots and The Claud"
Rogers issue. De taken directly TO the
circuit court first.
The court set Monday. December II
aside 10 prepare tor certifying all mat
terS 10 the circuit court In this way
action will be secured IN January. In
the meantime there Will be no trials OF
election cases. However. al defendants
are ordered to DC IN criminal court on
Monday. December -.
In certifying the indictments 10 the
supreme court. the following in:Vriia'
ton rs prepared by the defense. was
given in the certificates that acc9mpan!
the copies of the indictments:
The Indictment Calls TO ailcSc ans
violation OF the laws of West Virginia.
"a 49, my n ~
an offcnse alleged 10 be Il violation Of
the laws OF West Virginia.
The indictment does not fully anC
plainly inform the defendant OF tht
character and cause OF the accusation.
The words oc the statute undeI
which the indictment purports to o'
drawn. being generic terms. said tndtct
meut should charge facts constituting
an alleged oftense in said indictment.
The indictment should specify II
what the return OF the result Of vote
cas-, described In said indictment con
sisted.
The indictment should specify how
when and in what particular said re
turn Is false.
The indictment should specify how
when and where and by whom and b!
what :Uaars and ua,ter what ctrcum
stances the false return was made.
The indictment IS TaCuc. general. In
definite and uncertain 70 such an eXtcn
Us 20 yitiatc IL
The n.nr indictments claimed 20 b'
faulty by the defense. charge the follow
ing: !. Aiding tho election officials. .
Assisting "a. erection officials. Al
wishing election officials T. maze falSi
returns. / Making fats" returns. eau!
ing false returns - be made. .. GiHinf