The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-06-13
BROOKE 81 = RIRY ON T41A1
CHANGED WITH MISCONDUCT
IN OPrICH
Number Of AEsn Called TO stand 1eAA
Of Giving Official Money TO Keep
or Get Out Of jail

Wellsburg. w Va, June lc.-Ine
hearing of II. II. Duval. sheriff OF
Brooke county. charged with 'onicia1
misconduct" was resumed this morn
ing before Judge j. 3. Sommerfi!le'
Counsel for the defense conferred Win
the prosecution previous to The con'eh-
Ing of court In an effort 20 have me
specifications sent up TO no supreme
cour, for the purpose Of haT:aS that
body pass ON their sufliciency. the
prosecution refused to concur with the
request Judgc SommerNille expressed
a belief that the specifications were
sufficient. and ordered the hearing to
proceed.
Hardly more than half ~ tho wit
ncsscS were In court when their names
Ncre called. Several came IN later
while many others never appeared. At
tat hments were ordered for them. The
defense objected TO ANDY Dana actlne
a. Interpreter and II wa9 necessary 10
,u.plny ma. from Steubenrille. The
Il. truSc iL1lcated that Damn had been
s.tl.c IN obtaining evidence. The trSI
Witness called was William Martin
lie testified that one night IN Iu|r.
Rn;,ut a Year ago. sheriff l'uN%' Iai '"iT
rth.r mCu went 10 his hOlst al ch;t"n-
vile at, ,lnd one half uirrcl . r'2sh
oil q sU!l. Ills wife was sick. y" St'H.
aud hc.::-d =. sheriff not u tax" rita
sN.,V. and &st'd IL ii could - &C
rx,d A. &c sheriff, he said. "si"d
how mash r.~ney they had amt t"'y
,D,' Nv: Sirr
Til, NI.rrin told him that that w"H
net ..rnGgh. the witness testil.,d HH'
wanted ,vJv. The Witness said t"Sl
tie -, riIf Gi' not show any wdr''n'.
Re ais" teStI',u that ne gSve t"t S"H-
IN SS"n nd vas never notified Il a.
prar bcf. - any court. The ri'rcSS
w:tS rroSe.eAumrned by J. Berh2i |
Handian. Attorney Hardlan failed I"
bring out any contradictions from the
Witness but toward the end "f the
t:rS~-cXamtnatton sought to have the
Witness testify that the $500 given
Sa..r,u Irl>al VAS forfeit tor his APP
pearance
Mrs William Martin. who was next
called TO the witness stand. testified:
IL 60 not know his right name because
Re did not Introduce himself correctly
When b. rcIue 10 my house. She said
In answer To the question, WHO Is the
sheriff and what Is his name
The witness also testified that she diI
net know what he found. In answer 10
attorney Handian. witness said: !
was confined TO bed with Illness and III!
sheriff wanted sSNn md | told him that
ras too much. and tha. hc should Try
sui have the amount reduced. then
counted the money and then he counted
IL aud put II IN his poke! With his riSci
band"
Steve scmcs was the first witness
called at the afternoon session. lie
vas board"r at Martins house and his
tc .iimony was practically Identical with
that ,.f Martin and his wife. Semcs
testified that ne asked Tor q search VA
sant and was shown a badge. but insist
e. that WAS not enough but WAS told -
keen his routh shut. Tho witness also
Fa!d he was made TO carry large jug
hway from the house TO waiting autp-
mobile about 4 mile away
John Ertlay was the next witness. He
testified that hr lived At Cllttoryilte ard
that he visited Martins house one might
10 sec what was going on, and that IN :
sheriff would not lot him out any more
WirraSS said he vas ordered 10 take
q stove To the auto and refused. some
rne. he witness said. hit him. but H..
did not know who. He said he picked
" The stove and went along. NS II"
=. arh.G the auto. he said he was asked
To- money bat replied h had ncnH.
Y rcrrur"n ~ was told yet the hell ont
al here" This wa All 80 rN'dca'"
available fer specification number one.
but la;er this case Viii hc gone "V"r
with additional evi lencc. Witnesses
called were not In court
George Paid s2co.
on specification NJ. .. steve George
Ne first called. RE testified that thH
sheriff came to his hone and search"'!
II Deputy Sheriff Rarcl!fre. he Sa:'..
we .,lorg They -ound three quarts "t
wlig'cv ne had bought Ia Chttonviltc
from some fellow from Pennsylvania.
There was SIN m my house and
Sheriff Duval took il. He took ~"
down 10 Jail asked him II he could
nix Il up. EIc said Yes. II you've go
money He said ne would set mor"'
tic rext day. so sheriff ~a,d. An right.
IN take YOU tN jail and tomorrow ~
go with ynu q get the money" The
witness said that he could get only Slnn
htrn uut Tor 800 The vftrcss said nj;
wife chen went &" Beech Eottcm ana
tried Ia raise $500. rhr man. the VT
ness said. who was To get the money
vas working bug the next day he Lp-
pearcd. He paid Radcliffe 5000 IN tn
"trlr" and wanted receipt but did NO.;
ct II.
Let Out For slco
Howard Wood was first called N spe-
that ne lived near bethany. was ac-
quaintCd with Sheriff Duval. also I'D
ward Radcliffe. who came TO his house
about one year ago with deputies Duval.
MCManus and MozinSo. who searched
the place and found some barrels con-
tanning rai~sns and water. This they
emptied. "ThCv brought me 10 town.
the witness said. and put me in jail
over night The witness curthe: said
that he had never had a hearing was
never before any court. The witness
further said that Deputy Radcliffe toll
him that he believed he could got him
o>t for $500. The witness said ne told
IAN that he could, not raise $500. and
that he. Radcliffe. said he would see
what he could do. Ratclirc returned.
the witness said. and asked for 5000 but
tha, nc could not raise that amount but
told Ratciiffe that hn could get 800. II
they would let n friend OF his out OF
jaiI 10 get the money. This the witness
said was done. The same afternoon.
the witness said he was let out OF jail.
The witness testified that he had paid
HIS friend the 500 back.
Nick Landrup. called next. testified
tina, he was put In Jail FOR nothing"
together with Howard Wood. Landrup
said ne was confined IN jail from four
o'clock In the afternoon until nine
o'clock the following morning. The wit
ness said he promised TO pay the sher-
IN 800 for Mr.. Wood.
Howard Woods recalled To the Wit
hess stand by the defense. Following a
conference between detense's counsel
Wood Was asked:
Mr.. Wood. the persons who came to