The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-10-05
ATTORNEYS CLASH OVER
THOMPSON TAKING STAND

STATE ARGUES PLEADING - ArTI-
pAYIT AND THAT IT HAS RIAHT
TO CROSS EXAMINE
DEFENDANT
DEFENSE HOLDS PLEADING IS NOT
GyDLECD AND THA= THOMPSON
CATSor BE CoMPELLED 90
TESTIFY
RULING IS NOT TO REGARD As
EVIDENCE UNLESS THERE IS
SUFFICIENT GROUND ron
vENUE CHANGE
The first clash between attorneys In
tho application for q change OF venue
In the case Of a. Buriey Thompson.
wheeHngs fire chief. indicted on =
charge OF election frauds. started 10
criminal court betors Judge Alan II.
Robinson Monday morning. occurrsa
yesterday afternoon when Chick thon'p'
son refused. on advice OF his attorney
James NJ. Ritz and J. Bernard Aana'an'
TO take tho witness stand
After hearing q number OK WitnesAeS
who wore called by tho defense 10 sno"
that public sentiment was a1Ahst 'ns
dstendant AMI that ne could nor %
rlyen q fair and impartial trial IN On'0
county, Prosecutor Carl G. Bachmann
ana MIS- assistant. Austin v. WOOD. anu
special counsel. John ]. Conitt. toiio~.
ing a conference. called the oetenuAh.
fThompson) TO tho sand 70 Do cross
examined on Thompson's arfida'it'
which had been put into the RECORD In
support OF Thompson's petition Tor
change Of venue. This brought tho o0-
! +ectIon from Thompson's counsel.
we will see II he takes tho stand OF
} not" replied Attorney Coniff
I'VE won't allow him." replied Al
! torney Ritz WHO are you that you
viii not allow HIM" replied Attorney
i Wood. This Is pleading filed oy
the defendant and ne can refuse TO take
the stand and testify" Attorney Rat,
stated. Here the state argued that the
pleading was an affidavit TO the effect
! tA.t he knows or has knowledge OF Ger
| tain things that would prevent him from
securing q fair and impartial trial ano
| that tho state has the right to eros.
} examine him as to the truthfeiness o.
| the affidavit.
Judge Robinson decided that the Dc.
! Sendant could take the witness stano
ana be cross-examined. Attorney Conitl
! then told Thompson to take the STAND
, sYeep your seat Mr.. Thompson, Az
: torney Ritz told tho defendant. AZ
. torney Conitf then stated I don't iike
! 70 suTgest. but insist that Tnompso1
; taxa the stand inasmuch a. the seuf'
has already ruled. We have the riSn'
10 cross-a1amins this defendant on mn
petition and If tho attorneys for I'M
defense instruct their client 70 iSnof.
The rulinr Of the court then they shoule
bo held for contempt"
EhArp c1a1h
Attorney Handlan then took the ZOO
; and addressing tho court said: TnsrS II
no authority that can be found 70 com
pel a defendant to take tho witness
. stand and give evidence against MN
self" Attorney Conlff told Handlar
. that the defendant would eitneF TAX
! the witness stand or that tho petition
Sop,S be withdrawn. Ritz replied b.
. saying Mr.. Conift you have droppse
Tho glove, now pick It up" After more
Arguments Handlan stated that II
&ne Thlrty-si1th West VtrEinian II
could b found that the d
Nendaxt could not be cross-sxsminsd
. A copy was sent for and after readinS u
Mr.. Handlan said he was mistaken
lharp ciash resulted between the et'
, torneys Ritz saying This 10 ehild'i
talk" and bringing . reply from WOOD
sIt your Judgement Mr.. RITZ, 10
good on this question as Others, We don'
want It." Attorney Ritz then asked IN
coprt what would DO the result X tn
N,t.ndant would not take tho stand
prosecutor Bachmann replied that TN
would be taken caro- OF when they cam
10 It
Not intended A. Ev1ds1oO
Attorney Ritz then said: Your Hon
or, this Is q pleading nled BY the oe
fendant and was never INTENDED 10
submitted as evidence We nave pro
6ucsd witnesses to support this plead
ing as evidence and IN that casa II car
not be considered n evidence given
the defendant and can be held only
A pleading. II the court. whom We M
iSh with our evidence. Is OF the opin1o
mat we failed 70 prove tho minds 9
Ohio county people were preJuoiee
axainst the defendant. then he can ovs
rule our motion for change OF renu
and II no finds tho evidence sufnuen
ha can grant our motion. A numos
OF cases were then cited BY Attorney
Handlan and Ritz IN which tney mel
that to compel tho witness to take "a
stand would Be deprivins him OF hi
constitutional rights and that the d
fsndant does not have TO give evidenc
aKainst himself or Be sworn. The
Chained that tho afndavtts iled BY
number Of the witnesses were such tina
tho persons making tho affdavits coul
be summoned but the defendant coul
not because his pleading 10 only FOR
change Of venue ard that the defendan
had no moro right to BE- called as wit
ness against himself than tho prosecut
ing attorney had right to take III
stand for cross examination by the de
Tense
Temporary AIrsSmsnt
Attorney Conifr said tho defense at
torneys were stretching the constitu
ton considerably and asked them &
show him tho constitution. He said IN
state had no intention Of questioning
Thompson concerning his guilt or IN
nocence or anything concerning his tria
but merely wished to ask him about tn
petition Of alleged facts ne Med an
what ne presumed to be facts. He addet
that they wanted 10 know why he pre-
gumsd some OF tho "rumors" were fact
your honor" Attorney Conin said II
calling tho courts attention. Tho Dc
Tense attorneys have said It was no
necessary for them TO file this petition
n court II they cared not 70. Let then
withdraw u now II that Is tho case
Lat than withdraw the affidavit or sub
nit to chair client taking tho witness
stand. Attorney Conir then asked. afte,