The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-06-20
MINE OFFICIAL
. On STAND FOR
:. SHERIFF DUVAZ
TELLS COURT HE WAS TOLD
MONEY TAKEN WAS FOR
APPEARANCE-
Accompanies sheriff On Liquor EAaa
NOT sworn IN An
Deputy.

wnIlsburg ". Va, juno 19-(Speclal)
The second week OF the trial or n.
n. Duyal. Brooke county sherin, charged
with Official misconduct in Office. ana
whose case Is being tried by Judge }:
B. Sommerville, in the circuit court or
Brooke County. was begun this morning
with the offering OF testimony by the
defense, the prosecution having rested
It's case last Friday afternoon.
Tia first witness TO be called at the
morning session was George Caldwell.
assistant manager at the West Vtr-
rfnia-Pittsburgh Coal company. and who
at various times assisted Sheriff DuVal
Lm.his raids. The first testimony offered
- Mr.. Caldwell pertalned to Specifica-
aH No. /, under which William Martin
Vas arrested at his home on charge
OF having in his possession stH.
tome mash and small quantity or
home brew.
During the course OF the testimony
Il was learned that the sheriff had IN
his possession a John Doe" warrant.
Mr. Caldwell later changing It 10 q
search warrant" He testified that he
did not hear any conversation between
the sheriff and Mr.. Martin nor the
wife, but did say that the sheriff told
him in the presence Of Martin and his
wife that he had collected the sum OF
$3.50 bond money and that ar. Martin
had consented TO appear the following
day at tho office OF Mr.. Duval. Cald-
well testified that he did not appear. as
Tar as he knew. The still and home
brew were taken TO the office OF the
sheriff.
He also accompanied the sheriff the
night OF the raid on the home OF Steve
George. under Specification No, ?. where
~
whiskey, tho witness testifyinE that
George pleaded with him to try and get
the sheriff 10 release him from going
10 the Jail at Wellsburg.
Mr.. Caldwell alss stated that he was
with the sher!trs deputies the night
OF the raid on the gaming house OF
Emanuel Nicholas. the witness testify
ing that on the night of the alleged
raid. he and the rest OF the party were
en- route to make another raid when
70 began 70 rain. The men passing the
house Of Nicholas saw men crowded
around . table playing, Caldwell said.
what they thought 10 be poker.
They drove the machine up to the
doa- OF the house and walked in. The
men paid a fine. appearance money.
Caldwell said. and promised Tom DuvaU.
Brooke County Deputy Sheriff. that the
A4cA ''SS>~e SfFNN-~ NSA . AANeA 40 S4'S
next day.
Caldwell was also questioned con-
eerutng the arrest OF Andy SechrIst.
who the sheriff charges. had in his
possession a still and a considerable
amount Of VIII !skey and mash. The man
was arrested. according 20 Caldwell
and taken to McKinleyville. where Il
Is alleged. he WAS 10 get Mr.. Leonard
superintendent OF the mine where he
worked. TO go on his bond. He was
later taken 10 the Wellsburg jail.
The witness also told the court that
he was one Of the party who went 20
the home OF Sam Stitch. He and several
other deputies went to Stichs home but
was unable TO fnd him. Later they
met Dural, in the presence OF Stitch.
The sheriff then told them that il was
OF no use 10 60 any further as Stitch
had only wine in his possession.
During cross examination OF the
witness by Judge NeSbitt. chief counsel
for the prosecution. the attorney asked
him II at any time was ne sworn in
by Sheriff Duval as a special deputy
or as a deputy sheriff. He answered
that he had not taken an oath. He
was then asked II ne knew what be-
came OF the bond money that Duval
had taken from the men arrested by
the sheriff at the various times that he
was one Of the party.
To this question he told the court
that he did not know.