The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-10-12
The Quarter Trial.
VERDICT OF GUILTY.
Eight Years in the Penitentiary'
THIRD DAY.
MoUNDsvlLLH, WEST VA.
Wednesday, Oct. IL. 1871.

Wednesday, Oct. ii, 1871. },
The argument on the part OF the
part of the State was opened this morn
ing by J. L. Parkinson, Prosecuting
Attorney for Marshal county in very
strong argument against the prisoner
He was followed by J. F. Jones, who
made a brief appeal to the jury as a
friend of the accused. General ). 5.
Wheat followed Mr.. Jones. General
Wheat took the ground that there were
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 addl-
ton of the figure was not an original
entry but an alteration, and as the indict-
ment charges making and not an
Alteration" Quarter cannot there
fore be convicted under it. J. II. 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 tor more than a
wear after the false entries were made
and more than anything else show the
guilty intent, for the defalcation
then, according to his own acknowl-
edgement, amounted to $l49, 900, while
the bonds and deeds amounted to only
5000 and were calculated ito conceal
the true state of the account" as charged
in the indictment. Mr.. Goods argu-
ment was a very strong one and attract
ed good deal Of attention.
Gen. Wheat, at the close ofthe argu-
ment, submitted the following to the
Court, and asked that he instruct the
iurv to effect as follows:
|. 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 him with one or the other
of the following intents First, to con-
ceal the true state Of the account
therein mentioned, or. second, to defraud
the Wheeling Savings Institution.
2. If the jury believe from the
evidence that the entry described in the
indictment was originally made by the
prisoner correctly and truly, as shown
in the book Of original entries, and
that, thereafter, the said entry as thus
originally made was altered by prefix,
ing thereto the figure a." then con-
viction cannot be had under this indict,
ment; the allegation that the prisoner
made the entry as thus described 10 not
the same as if the indictment had
charged that the prisoner had altered
the entry as originally made.
8. Whether you shall believe that
the entry described in the indictment,
was originally made as it now appears
in evidence before you, or has been al
tered since it was originally made, is
not material, if you believe from the
evidence, that it truly expresses the
state of the account between the Wheel
ing Savings Institution and the Norway
Iron Manufacturing company. The pris
oner cannot be convicted under this in
dictment, if the entry truly states that
account.
The court allowed the first and third
Of the instructionus to 60 to the jury,
but refused the second. Gen. Wheat
objected to this ruling of the court.
The jury retired at half-past two
o'clock, and as the hours passed many
were the speculations as to whether
thew would find a verdict or not. A
good many thought they would not be
able to agree on a verdict, while others
held that they were only unable to
agree on the term of imprisonment
These last proved to be right, for about
half-past five o'clock the jury returned
the following verdict.
ave, the jury, find the prisoner
guilty as charged in the indictment and
fix the term oil imprisonment at eigh,
years in the penitentiary.
The verdict fell upon the prisoner
like thunderbolt, and he was taken
to his cell a miserable man indeed.
We understand that none of the other
eight indictments against Quarter will
be tried at this term of the Court.