Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1854-05-31
Trial 81 AIuh.n. wv %.

g g. 1"uS cs '.'o siiai oI Alpneue w. F0ag
winch took place few weeks ago, in Cincinnati
ana neafd al the evidence of the witnesses, tn
3 pleadings OF counsel. andth charge Of the &cour
ana oe.lieVlng him to be deeply injured man, W
deem tour duty to give brief account of III
proceedings. 81
foage and Young man whose name we vii
not mention, were indicted for forging an endorse
ment uIon promissory note. and were arraigne
before The criminal court in CINCINNATI for trial
The first jury in the case Of Poage brought in nj
verdict and was dismissed. He was then re
leased upon bail and returned home. Though
the amount ofihe bail was very small. he did no
forfeit it, but believing justice would be don,
him, appeared at the last session Of the court ant
stood his trial. II was not alleged that he hat
himself committed the forgery, but that he had
procured it to be done by the young man above
mentioned. We do not propose to enter upon ;
detail OF the evidence, but say that it was Of such
4 character as TO have brought any unprejudiced
man to The conclusion that P0age was rot guilty
OF the crime with which he stood charged. Il
was proven by Col. Beale, one Of the oldest and
most respectable citizens of Covington, Kentucky
and others Ofegually good standing, that on the
day on which Poage was charged to have pro-
cured this forgery to be committed, he was in
Kentucky, and there remained IN company with
the gentlemen above referred TO, until the even
ing that the person who held the note upon
which the forged endorsement was made, came
into the office of Col. Beae, and seeing Poage,
asked him to go with him to the country for the
purpose of collecting the note, at the same time
showing it to Poage and Col. Beale, which latter
seeing that it was not endorsed, told him it would
be useless to try tocoect it without first having the
endorsement made, whereupon he said he could
soon have that done, and walked out. but returned
in few hours, showing TO Poage, BeaIe, and
others who were in the office, the note with the
forged endorsement upon it; thus showing that it
is hardly possible that Poage could have had any
thing in the world 10 do with the offence with
which he was charged. Other witnesses made
statements which seemed to us convincing of his
innocence, but notwithstanding the evidence
seemed TO be So favorable to him, and the State
had failed to make out case against him, he
was convicted. Under ordinary circumstances
this would be astonishing, but when we come to
enquire into the influences by which Poage was
surrounded, and the character of the court and iu-
ry by which lie was tried, different result could
hardly have been expected. taU tsf
by variety OF means strong prejudice had
been excited against him. The fact that he was
Virgnan.. and that his friends. aid witnesses
were Virginians, made greatly against him. The
abolitonist and negro stealers of Cincinnati have
no special regard for Virginia gentlemen. The
States Attorney, in opening the case, attempted
to excite prejudice against Poage by stating that
lie belonged to the F. T. V's-was member of
one of the first families in Virginia, and had brot
a number of his wealthy aud aristocrat friends
with him from Virginia, and expected thus to O.
verride the laws of Ohio and escape punishment.
He appealed to the jury in such a way as to ex-
cite them against Virginia and Virginians; and
every body knows the effect such appeals to sec
tidna prejudice have upon the ignorant and cor
rupt. atoi Ncat i gs
; The Judge was one ofthe hardest specimens of
the Judicial fraternity we ever saw. He was ia
miliarly called Jake, and looked much more like
burly butcher than learned Judge. We do
not suppose that any one ever suspected him OF
having the slightest knowledge Of law or gospel.
He doubtless, much more frequently looked into
grogshops than law books and was much better
Judge of liquor than Of law. 1t was no unusual
thing for him to leave the bench while the exam
iination of the witnesses was going on, to go to a
neighboring groggery, for drink. Indeed, one
Of our friends who was attending upon the trial,
told us that he took five drinks with the Judge
fellow pretty well fuddled. How such a man ever
got upon the bench is mystery. We are happy
to say that he has been stripped of his robe Of
office, and is no longer even in name, judge
His conduct in the Poage case and others, was
so outrageous, that his court was abolished few
weeks ago, by unanimous vote Of the Ohio Leg
islature. We were rejoiceG to hear this, for we
should be sorry to know that any human being
would ever again be called up for trial before such
court. cc Ilil3 qalt
OF the Jury we shall say but little. They
were certainly the meanest looking set of men We
ever saw in jury box, and were no doubt, quail
fled in all respects, to serve in such court.
Poage was ably defended by Edmund Pendle-
ton, Esq. and Judge johnson, but defence was
useless before such court and such jury
Application for a new trial was made, which was
of course refused, nobody expecting Jake to set
aside the verdict ofbis jury. The case has been
taken to the Supreme Court upon writ of error,
and it is confidently expected that he will soon be
discharged from custody. We never heard Of a
case which in our opinion, was decided so direct
ly in the teeth of the law and the evidence.
We do not remember ever to have seen Poage
until few days before the trial took place. and
know very little of him, but believing him TO be
an injured and prosecuted man, we deemed it our
duty to say thus much of his rial and his tryers
We believe he has been most wrongluly dealt
with, and hope he will soon be restored liberty
Rockingham Register.