The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-02-10
DECLARES THAI ELS CLIENT CAN
ne TRIED ONLY IN THE MAR
SHALL COUNTY COURT.
Cteos the famous Eurtn Cass to Pp-
hold HIS Contention a. to
Jurisdiction.

J. Howard Holt. an attorney known
all over tho state OF West Virginia,
SAYS that w. Holly" Griffith cannot
be tried in any court for the crimes
with which ne IS charged except in tn"
circuit court Of Marshall county. but
Mr.. Holt has been retained 10 defend
him wherever he may be tried.
Mr.. Holt : he author OF a pamphlet
entitled &C. ,.. and Its Punishment.
IN which BE-. makes tho broad change
that the state. by her failure to teach
ethics and morals in the public schools
Is responsible m large measure TOT
the crimes Committc. Mr.. floit says
that tho greatest criminals IN this coun-
try have never been charged with. much
less convicted OF, crime: that thoSe
whom We call "convicts" are simply the
scapegoats for sins OF omission with
which the state Is justly chTGcahie'
He contends. further. that our present
system or maSSinG our criminal popu-
lation together. working them Tor the
benefit OF q few contractors at the rate
Of ssyenty-flve cents day. leaving the
dependents OF the convtcts. their wives
and children, to beg. steal or starTe.
wa are making moro criminals in our
penal institutions than we arc reform
OF our penal institutions more rea!
criminals than we put into them: that
by nnassinE the young and the DID, the
nrst offenders with case-hardened Grim
mails, they all fall to common ana
lowest level.
Mr.. Holt is also the author of an act
now introduced into the legislature LOT
the relief Of these conditions.
With respect to the case OF Holly
Griffith. Mr. Holt says that so much
that Is purely sensational imaginary
and pn,rus has been published respect
ing this mans case. in the attempt 70
make him q scapegoat Tor Inc SINS OIL
Others and for crimes OF which ne ~
not guilty, that no asks that puonc
ontrion should be suspended until THIS
case Is tried.
IN. letter to Warden Terrill on the
Lack OF jurisdiction OF the circuit court
Of Mason county to deal with this case
follows: 40,
Hon. ]. z. Terrirl.
Superintendent Of the west virginia
Pen!tentiary City.
Dear Col Terrill-T have examined
with considerable interest the Question
which has arisen in the prospective
Csc Of the state of West Virginia vs.
" n Griffith on the charge or muroer
committed in Mason county while Grh-
eth xas an escaped convict under SEN
.anco Of life Imprisonment in the west
Cirointa ncniccnt!ary. I am hrmIS
nonyinced that the Mason county au-
charities have no jurisdiction 70 FS
"EToIly'' Griffith In Mason county
Runin Case.
In the case OF Rufr'nNs. the common.
wealth Tirgiu!a). u Grattan' page
fsO. the court holds:
- coryicts-What Court Has JuriS-
diction. A penitentiary convict Is hireo
% work on a railroad and m Bath
coun,y. In attempting TO escape no
hills the man put by the contractor 10
ruard him. He may be tried Tor tne
nrrence before the circuit court OK the
city Of Richmond. and by a jury sum
noncd from the ciLS'
80 Same Bill OF Rights TO y" nom
T. Refers. The bill Of rights. though
ID \ mart of ,hcp resent constitution.
80 ,bs same force and authority. and
no more. than IL has always had. And
,hn nri,ciples which il declares nave
raference 20 free men. and not to con-
victed fclons.
"% Same-Right OF. A convicted
fclon has only such rights as the
statutes may give HIM.
81 S.mc-Hircd Out; What Laws
Govern. \ person convicted OF tcIonF
and sentenced TO confinement IN the
n,nitentiary is until the time OF MS
Imprisonment; has expired or nc has
been hardened. IN contemplation OF law.
in the penitentiary. though he may nave
heen hired out TO work on railroad OF
the like in a distant county; ana the
laws relating TO conYicts IN the pen'-
tertiary apply to him
And the court. in discussing thls
question, says:
Though at the time of the commas
Eion of the murder Of which he Was
convicted he was not within the walls
Of tho penitentiary. but in distant part
Of tho state. he was yet. in the eyes OF
the law, still convict In the penn
tertiary: not, indeed. actually and bod
tly within it's walls. imprisoned and
physically restrained by its bars and
holts. but as certainly under the re-
atraints of the laws and as actually
bound by the regulations, OF that In
stitution as il ne had been locked with
IN ono OF its cells. These laws and
regulations attach to the person OF the
convict wherever nc may be carried by
authority Of law Cor even when he
makes his escape) as certainly and
tenaciously as the bali and chain which
he 6raEs after him And II when hired
unon the public works. though hundreds