The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-06-15
CONSTABLE COLLINS TEST|F|ES
SHERIFF TOLD HIM To GET $50
z.n, a1ows STRUCK BY PROSE
cuTIoN IN REARING OF pUVAh
other witnesses Tell OF Mohey
Brooke County otheer OF NsP
aentatives to Avoid Trial

v..,'shurS ". Va. June li--Io"a''
,rc rott.- part Of Wcdu' SdaE a'''i""''
~. rrrsrrutjor struck some sharp o'"N
90, calling Constable William 'o!TH'
- the stand IN the trial OF SNer'll -
n Duval. who - charged w'th "'S''''-
duct II Office. ,,,, Wv,
49,. - IrIiu- kcrtz was raiGed. kcrt@
IS hrst called. lie testified that sew"
men were in the ratdinG party, "h" '''''
u 20 shor ary warrant or other pdFS''
md that they went through ms f""N'
4,dirV a sull and large quantity -
,,tsir mash. Kertz said that he W.
taken 70 WeI,sburs and placed IN az.
Errtz told OF having trial os'"'e
Justice whose name ne al" no' 'e",'''
nor He was sentenced. he satd. q '"'
months In Jail and hne OK S"V''.
oGout eigh, days he was released, i'e
"o.,Is.d mar he told the sheriff lie
.onI3 nav him S225 Ii he could get "''
o,d mis- was agreed 10. When ne W"T
cross-examined. the sheriff was to'"u'"
an and he did not remember OF H"N"'7
MIS- Kertz testified that she paid the
-,oney 70 a Young nice looking Ic''"N'
while standing in the police station "
in the little room N the JAN. S"s az.
,rot her husband had not served any
~
testified that she never saw the justice
ter Tho trial, but that there was an o'u
,,,,, whom she asked how she couid Eei
ber husband out. She stated that sue
Maid the money to l!gh'-conpieSSS"
fellow. os.,u-
HON introduced record evidence sho"
ing charges for prisoner by the name
OF Julius Piles. who. II was cIalineu'
was IN reality. Kertz. Detehse o"JeC
Cd and prosecution withdrew, indicating
~, nossIbnjty of proving their point
Iate- in testimony TO be given by JUS
tees.
Told Constable to Get $50.
Specification No. Is dealt WIKI '"e
raid on the home OF Mrs. Frank Cheek
IS Roerb Bottom. William Collins. con-
stable. was called first. RE testihed that
neputv Radcliffe Deputy DuNaL Ar
thnr Riggs and himself visited CheeN
home but Cheek was not there. Ihey
located still and some mash. INC
still was taken and the mash Destroyer
Collins ,old that q boy had gotten W"ru
20 Mr.. Cheek who worked IN the mine
and that he went across 70 ONO. MRS.
Cheek had several children ana uaeS
did not take her 10 w eIIsouFS;
Collins testified that a few days later
sbarrff Duval told him (Collins) to go
70 Mrs. Cheek and collect ATTY dollars.
and 10 bring half OF It to him (the sher'
Irrl and keep the other half. Coatinu-
ING. Collins said he asked prosecuting
Attorney Wilkin X that was right a"i
was told no. but il the man returned 10
Reech Bottom. 70 arrest him and bring
him 70 NcllsburG. Cheek returned, auu
MAS later arrested by Collins, VINO
brought him before the prosecutor
y T. tt.1 "a Ina
S,n0 ard no was TO pay $50 on payday.
,vhereupon he placed $50 on the table.
rhis was taken by Collins and placed
N n hank. held on orders from the pros
ec,tor until an investigation could De
made
Mrs Cheek testified that she knew
they were guilty and sought 20 tN tAe
case up. She talked. so she said. with
81 tall man with whit" U'ustache a"t
white hair in a lItcle corner in the JAN
building. The first talk was $780, Mrs.
CA.ek testified but she submitted ne
nlca that she had several children ami
ronId no, nav that much Then. She
,astifed ,hrv let her off with $3.50 anf
that she paid 500 TO the tall man VIA
a white mustache. He gave her slip
OF paper. and this was later introduced
as evidence.
Secrest Paid $50
The prosecution In the case ~ sh"r-
m Duval. continued on Wednesday
morning. the introduction OF testimony
tending 70 show the acceptance OF sums
Of money ranging from 500 70 S8"V
from persons whose homes had pecn
raided without due process "t law.
Specification number II. dealt with
raid on the home Of Andy SecreSt who
resides on farm near M"kinleJNlIIe
Secrest testified that four men came to
his house about a year ago and conduct
ed a esarCh. resulting in the finding OF
copper boiler. and top FOR same. which
he claimed he had used In making apple
butter He bought IL for 81 from man
who had moved away. The officers told
him they would take the still and that
he would have 70 pay 500 and later $50.
Secrist added that he did not have the
ylonev hut his step son. Robert NCFad-
den arranged 10 get II 1T Mckinl"yN!'ie.
He said the boy vert 70 sec the super'n-
tendent and that while he did not see
the superintendent pay tho $50 he was
not taken to WellsburE and the money
was deducted from the boys pay. After
that Secrist stated, 81 just walked
home" He was never called to appear
before any court or Justice OF peace. al
though he has resided at Mckinleyville
ever since.
Robert McFadden testified that ne
was In the yard when the officers Wis
tied. He recognized sheriff Duval and
Deputy Radcliffe. They came In and
searched the house from top to Bottom
and found still and top. Radcliffe
asked Duval what will the fine be-"
McFadden testified that Duvai then said
First charge, 500" and added bring
him along" They went out In the yard
and another offer OF $50 was made Nc
Fadden stated that he told them n go
10 McKinleyville and walt FOR him.
When ne arrived he asked J. 2. Leonard
superintendent OF the mine for loan
Of $50. Leonard made 10 answer. but
Secrist was not taken 70 WcllsburS and
McFadden testified that the money was
deducted from his pay envelope.
Mrs Andy Secrist. when placed on
the witness stand. testified that her hus-
band had used the still 70 make moon
shine liquor. She was not cross eN-
amlned.
Paid Sheriff 500
On specification number -. A'eV No
yak was FIRST called He testified tina :
one dav in August I've sherirS came 70
his house and without showing any
paprrs conducted search resulting -
the finding % a SIN and six gallons o
whiskcy. He added tha, ne paid Tho
sheriff 500 in order To stay At home
but that NndrusSi. partue- was
brought 70 WcIlsbUrg and held 'or pay
uent OF another 5000 which NOvaE trs-
tined hc paid sheriff puval the follow
ing day and Andrussj was turned ou,
U-hnp u hS oh