The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1871-10-24
From the Wheeling Register, 18th list. |
g THE QUARREER TRIAL.
Eight Years In the Peniientiary,
THIRD DAY.
MoUNDsvILLE, WEST Val
:" II 1Q-f

The argument on the part OF the State
was opened this morning by j. L. Par
kinson, Prosecuting Attorney for Mar
shal county in i very strong argument
against the prisoner. He was followed
by J. +. Jones, who made brief appeal
to the jury as a friend Of the accused
Gen. j. S. Wheat followed Mr.. Jones.
General Wheat took the ground that
there we're no false entries, but that the
alteration showed the true state OF the
account, as indicated by the fact Of the
bonds and deed of trust given BY the
Norway Iron Manufacturing Company,
to secure the account. He also held
that the addition Of the figure was not
an original entry but an alteration, and
as the indictment charges "makiug''
and not an Alteration Quarter can
not therefore be convicted under it, J..
H. Good, Prosecuting Attorney for Ohio
county, closed the argument, denying
the ground taken By The attorneys for
the defense. The bonds and deeds of
trust, he said, were not given for more
than year after the false entries were
made, and more than anything else
show the guilty intent, for the defalca.
tion then, according to his own acknowl
edgement, amounted to $149, 900, while
the bonds and deeds amounted to only
$4,000 and were calculated go con-
ceal the true state Of the account" as
charged in the Indictment Mr. Goods s
argument was very strong one and at
trscted good deal Of attention.
Gen. Wheat, at the close OF the argu-
ment, submitted the following to the
Court, and ssked that he instruet the
jury to effect as follows: . sff4
|. To convict the prisoner under this
indictment it is necessary that the jury
should believe, from the evidence, that
the entry described in this indictment
was made. by hin with one or the other
of the following intents: First, to con-
ceal the true state Of the account there
in mentioned, or, second, to defraud the
Wheeling Savings Institution. "
2. II the jury believe from the evi-
denee that the entry described in the
indictment was originally made by the
prisoner, correctly and truly, as shown
in the hook OF original entries, and that,
thereafter, Che said entry as thu. origin
oily made was altered by pretixlhg there
to the figure al" then conviction can
not be had under this indictment; the
allegation that the prisoner made the
entry as thus described is not the same
as if the indictment had charged that
the prisoner had altered the entry ta
originally made. t's' a'7'
3. Whether you shall believe that the
entry described in the indictment, wa.
originally made as it now appears in
evidence before you, or has been altered
since it was originally made, is not ma.
terial, if you believe from the evidence,
that it truly expresses the state of the
account between the Wheeling Savings
Institution and the Norway Iron Manu-,
featuring company. The prisoner can
not be convicted under this indictment,
| if the entry truly states that account
The court allowed the first and third
of the instructions to 60 to the jury, but
refused the second. Gen. Wheat OBJ
jected to this ruling of the court. -.
| The jury retired at half past two
O'Clock, and as the hours passed many
were the sreculations as to whether
they world find a verdict or not. A
good many Thought they would not be
able to agree on verdict, while others
held that they we're only unable to agree
on the term of imprisonment These
last proved to be right. for about half
past Eve o'clock the tify returned thu
following verdict.
"We5 ihe jury, find the prisoner gull
ty as charged in the indictment and Fl,
the term OF imprisonment at eight year:
in the penitentiary.'
The verdict fell upon the prisoner likt
a thunderbolt, and he was taken to hi:
cell miserable man indeed.
| We understood that noEe of the 9th
er eight indictments against Quarrie
will be tried at this term OF the Court