Court report on the hearing 28 Jan. 2014, at court are here and at www.abodia.com/claim  Click Hearing report

http://www.abodia.com/claim/hearing.htm  The video is here: http://www.youtube.com/watch?v=7n7GfeVOeGg&feature=youtu.be

 

Magistrate Court 28 Jan. 2014, Magistrate Harshbarger hearing of W. Va. State vs. HENRY THEADORE ELDEN JR

Who was there.

Witnesses: Clair, Bob Mullens, Shawn, Marty, Paul & wife Louise Kromer, Jacqueline and Clem.

Officials: Mag. Ward Harshbarger, his assistant Melanie Rucker, in white sweater in rear

Stephanie Billings, Court Administrative Offices, long hair, boots at right front

M.A. Dolin deputy sheriff and his side kick, name unknown.

Rebecca Johnson, Public Defender, red blouse, on far left

John Hardison, Prosecuting attorney’s office, light coat front right

Was anyone else there ?

IN THE MAGISTRATE COURT OF KANAWHA COUNTY, WEST VIRGINIA IN RE: HENRY T. ELDEN, JR.

HEARING BEFORE:        MAGISTRATE WARD HARSHBARGER

JANUARY 28, 2014

2:52 P.M.

KANAWHA COUNTY JUDICIAL ANNEX

111 COURT STREET

CHARLESTON, WEST VIRGINIA

Dena A. Belisle

Certified court Reporter

CAPITOL CITY REPORTING

"PROFESSIONAL STENOMASK FOR THE RECORD"

POST OFFICE BOX 11394, CHARLESTON WEST VIRGINIA 25339 • (304) 344-9505 FAX (304) 344-9506

P R O C E E D I N G S

THE COURT:                         All right. This is state v. Henry T. Elden, Jr.   Mr. Elden, I need you to have a seat at the defendant's table, please.

MR. GANDEE:                         For the record -

THE COURT:                           Shut up and sit down now, please, now.

MR. GANDEE:                           -- this is Ted Elden.

THE COURT: NOW, you sit down and not say another word.

MR. GANDEE: That's Ted Elden.

THE COURT: Thank you.                           Bailiff, would you get Mr. Elden and tell him to be seated, please.

MR. ELDEN:                                                May I have permission –

­THE COURT: You may have a seat right there. You may have a seat right there.

MR. ELDEN:                            I'm happy to -

THE COURT:                           Place him in his seat, please.

BAILIFF: Mr. Elden, if you would, please, just sit here. I think it's going to make everything -- make the proceedings a lot easier. If you want to be heard in Court today, you need to have a seat here, okay?

MR. ELDEN: Anyone may call me Clem. Anyone may call me Clem.

THE COURT: Thanks.

MR. ELDEN: And I offer to the court the birth certificate of the name that they've called.  I am also offering a reservation of rights, along with those files.

THE COURT: Have a seat and then we will proceed.           Sit.

MR. ELDEN:                           Do I have standing to speak?

THE COURT:                         No, you don't.     Sit.

MR. ELDEN:                           I am just waiting to present information.

BAILIFF: Do you want me to tender that to the Judge?

MR. ELDEN:                           It's for the court reporter to review and then to give to the magistrate, I believe.

BAILIFF:                              Okay.

MR. ELDEN: What is your name?

THE COURT: I am magistrate Harshbarger. Please have a seat.

MR. ELDEN:                          Ward Harshbarger.

THE COURT: You've already been before me once.           Have a seat.    Twice, actually.           Sit.

MR. ELDEN:                           I'm trying to figure out how to regain the deposit money which was put to the court, two and a half thousand dollars.      I'm trying to figure out how to do that.

THE COURT: Well, we have to have a hearing first.            You have to comply with all of these files that we have in front of us.

[ Things I never saw before the hearing and I am yet to see – I am not allowed to see the charges and evidence they have ]

MR. ELDEN:                           I've never been -

THE COURT: You need to have a seat now.            You are going to be held in contempt. There are three criminal contempts.  If you wish to place more money with the Court, be my guest, okay? Have a seat and we'll proceed.          This is a pretrial hearing, okay. You may make up your mind what you wish to do. We have an attorney here for you that you may discuss things with, if you feel that you need to, okay, and he's (she’s) about ready to give you some instructions about court behavior, okay? Have a seat now.

MR. ELDEN:                           I've asked this -

THE COURT: Have a seat. You are disrupting the Court.    One, have a seat.

MR. ELDEN:                           You're now threatening me?

THE COURT: You are disrupting the Court.

ATTORNEY: Mr. Elden, if you would, sit down and give him a chance to talk. You need to sit down and then he's going to let you talk, okay.

MR. ELDEN:                            May I sit?

ATTORNEY:                           Because it's -- everybody gets an opportunity. The state's going to get a chance and you're going to get a chance.          Everybody gets a chance.

MS. KING:                            But why does he have to sit: Can't he stand?

ATTORNEY: Well, to identify the parties.      For identifying parties.

MS. KING: Oh.

MR. ELDEN:                          Oh.

ATTORNEY: And when you talk to the Judge -

MR. ELDEN:   That's the defendant's seat?

ATTORNEY:                        Yes, sir, this is the defendant's seat.

MR. ELDEN:                          Okay.   Thank you.

ATTORNEY: Okay.

MS. KING:                            He's not defending anything. He's here by special appearance.

THE COURT:                         Have a seat, please.

MR. ELDEN:                           I would like to speak to the court and I have information to present.

THE COURT: This is disrupting a governmental process.

MR. ELDEN:                           I have no idea what's going on here.  I have never seen charges.

BAILIFF: Do you want to place him under arrest for contempt?

THE COURT: I want him arrested for disrupting the courtroom.

BAILIFF: All right, Mr. Elden. I need you to stand up for me, please, sir, and place your hands behind your back, if you would.

MR. ELDEN: And why and who are you?

BAILIFF:                              I'm a deputy sheriff.

MR. ELDEN:                           M.A. Dolan and have you a badge number?

BAILIFF:                             Yeah, 97.

MR. ELDEN: And do you have a warrant, a signed warrant?

BAILIFF: I do not have a warrant. I was just made aware by the Judge that he wants me to take you into custody for obstructing judicial process, okay.   so if -

MR. ELDEN:                           I don't know how I’m obstructing.

THE COURT:                         Last warning. Get in your seat and we'll proceed.

BAILIFF:                               You won't comply with what he is asking you to do, okay?

[ At this point the deputy was stalemated. Ted did not consent, so deputy could not arrest Ted.  Deputy knew that as others in our group soon observed.  So when the Attorney spoke, it seemed she was bringing peace from the argument, but she was moving forward from where Ted – by accident – had stalled the court by not consenting to be arrested. Every action of the court and of the law is only when you consent ! ]

MR. ELDEN:                           So there seems to be meaning to what he's doing.    I am here as a witness to what's going on.

ATTORNEY:                         I realize that Mr. Elden doesn't want a lawyer, but I would ask, in an effort to move this process forward, since it is a mere pretrial and generally less formal than an actual hearing like a trial, that Mr. Elden be allowed to present his information from the seat back here as opposed to sitting at counsel table.

THE COURT:                         Well, he's disrupted the entire arrangements through the Court.

ATTORNEY: Well, I mean, Judge, I would ask that he be allowed to sit back there but only speak when the court addresses him as opposed to this apparent free-for-all that we've entertained, but that he would just be permitted to speak when addressed but to be allowed to remain in that seat as opposed to at counsel table.

THE COURT: A free-for-all?

ATTORNEY:                         Up until now, it's been that, yes.

THE COURT:                         From which end is the free for-all?

ATTORNEY: I understand that and I am not going to argue about that, Judge, but I would ask that in order to move the process forward that he be permitted to remain where he is and that he will speak and get his opportunity to speak from where he is as opposed to from defense counsel.

THE COURT: It's going to be up and straightforward.           Mr. Elden, stand by.    You have been charged with 13-M-8570, refusal to pay. You have been charged with 13-M-8119, 20, 21, 22, 23 and 24, six counts of fraudulent service of indebtedness. You have been charged with, again, 179, 66, 67, 68 and 65, fraudulent official proceedings, and you've been charged with 13-M-8561 through 66, fraudulent service of indebtedness, okay, for a total of how many counts, 12 to 13 counts. How do you plead?

MR. ELDEN: Do I have standing to speak?

THE COURT: How do you plead, guilty or not guilty?

MR. ELDEN:                           I'm here by special appearance.

THE COURT:                          Guilty or not guilty?

MR. ELDEN:                            There are issues to resolve which have not been discussed yet.

THE COURT: Does the State wish to offer a plea?

MR. ELDEN:                           I would like to see your oath of office, I would like to see your letter of accepting and acknowledging your office and I would like to see the same for the prosecuting attorney and to know the names of everyone in this room. I need that before I understand what's going on, sir.

THE COURT: Have you offered him a plea?

PROSECUTOR: I have not offered him a plea yet.  I'll offer Mr. Elden to plead guilty of one count of fraudulent service of indebtedness and the state will stand silent as to sentencing.

MR. ELDEN: Sir, there are many things we haven't gotten to before we get into the things that you wish to discuss. I need to see your oath of office and your letter of acceptance [of office].

THE COURT:                         So, are you entering a plea today to the one count of fraudulent official proceedings?

MR. ELDEN:                           I don't recognize or understand your authority until I see the things that I'm asking for.

THE COURT:                         All right.         So, the answer and I will answer for him is not guilty.

MR. ELDEN:                           I haven't made any plea, nor should you.       It can't be -

THE COURT:                         He denied -- so he's entered a plea of not guilty.

MR. ELDEN:                           -- until totally established.

THE COURT: If you would get us a hearing date, I will give him the hearing date and we shall proceed on a bench trial.

MR. ELDEN:                           So you yourself are not going to validate anything about your own office, your authority, your position, your acknowledgement letter, your oath of office? You're not going to do any of that, so how do I know you are who you say you are? I don't know that. I don't know who any of these people are.

CLERK:                           February 19th

THE COURT:                         All right.         For the people [here the offer is] February 19th -

CLERK:                                   At 10:00 a.m.

THE COURT:                         -- at 10:00 a.m.

MR. ELDEN:                           I don't accept that.

THE COURT: I don't care whether you accept it or not, Mr. Elden, and you have been told and it is being recorded.

MR. ELDEN:                           I do not and will not accept any of these proceedings.

THE COURT: Again, what is the date?

CLERK:                           February 19th, 2014 at 10:00 a.m.

MS. KING:                            He's not in your jurisdiction is what he's trying to say.

THE COURT:                       Well, he is, okay.

MS. KING:                              No, he's not

MR. ELDEN:                           Well, you're doing it by presumption and you cannot validate your own position.

THE COURT: You may escort him out.

BAILIFF:                              If you all would exit the courtroom, please.

THE COURT:                          February 19th

MR. ELDEN:                           I have not said what I've come here to say.          You are silencing me.

REPORTERS CERTIFICATE

STATE OF WEST VIRGINIA, COUNTY OF KANAWHA, to wit:

I, Dena A. Belisle, Notary Public in and for the State of West Virginia, duly commissioned and qualified, do hereby certify that the foregoing deposition of HEARING duly taken by and before me, under the west Virginia Rules of Civil Procedure, at the time and place and for the purpose specified in the caption thereof; the said witness having been duly sworn by me to testify the whole truth and nothing but the truth concerning the matter in controversy.

I do certify that the said deposition was correctly taken by me by means of the Stenomask; that the same was transcribed by me, and that the said transcript is a true record of the testimony given by said witness.

I further certify that I am not connected by blood or marriage with any of the parties to this action, am not a relative or employee or attorney or counsel of any of the parties, nor am I a relative or employee of such attorney or counsel, or financially interested in the action, or interested, directly or indirectly, in the matter in controversy.

Given under my hand this 10th day of February, 2014.

 

Dena A. Belisle, CCR Notary Public

 

-----------------------------

Dena A. Belisle, CCR

Notary Public

---------------------------------

OFFICIAL SEAL  Notary Public State Of West Virginia

DENA A BELISLE

PO Box 11334

Charleston, WV 25333

My Commission Expires April 8, 2032

My commission expires April 8, 2032

 

- - - - other comments by Jack from California - - -

Having your own court recorder present is an excellent idea.

I am glad to see you hold your ground and demand his oath of office and any other credentials to identify who he is or the position he is filling.

Stating that you cannot recognize his authority and position unless you have the oath of office and other credentials is good.

So far, in My opinion, he is just an "acting" judge. Putting on an act.

Not giving your name is a good thing. Whenever one gives something to someone else, it is theirs to do as they please. The power provided by a name would then be theirs to do as they want.

He tries to be stern but that does not work on you or your witnesses. He almost appears to be helpless in the end.

Since he cannot progress, he may have someone else play the judge. They keep switching the so-called judges until they get one that appears to be effective. That is what they do here.

Whenever a middle initial is used in a name or they mention a "first name" or "last name" it refers to the fiction and not the real man. They did mention the middle initial several times.

They were asking you to sit in the defendant's chair so as to become surety for the fiction or Strawman. You did not. Very good!

They needed a plea from you but did not provide one. A plea to Me is an agreement to contract with the so-called court or so-called judge and to move to the next step in the process. The contract is a "guilty" plea or "not guilty" plea. It was also good that you did not accept the plea he made.

The words "Innocent" or "the accused" were never mentioned. Those terms are reserved for the real man in a real court.

The term they like to use is "defendant" A defendant has to defend his position; otherwise remains guilty.

They threatened you by having the policeman approach you. Even though you were ordered to "put your hands behind your back," you did not surrender yourself as they wanted you to do. Asking for a warrant was the ideal thing to say which stopped them in their tracks. Excellent!

You had a witness state that the TED they were looking for was in the court room so that they cannot claim a default and or dishonor. The TED they were looking for was the TED E. ELDEN created by the Birth Certificate you had available in the court room. That certificate was indeed in the courtroom. I saw the certificate flash by in the video.

Very well done.

I respect people like yourself who have the guts to stand up for what one knows and believes.

Jack from www.USAvsUS.info