The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-08-28
nj nonnn1.o1tob1 glander saLt.

The court met again at two o'clock P.
NJ, and both sides slgnt6ed their willing
ness to 20 into trial. The following Jury
was then sworn: Oscar 6apdrop, G. II.
Booth, ]. R. Hubbard, Alex. Rogers, A.
W. PAUL, F. NJ. Porter, P, E, French,
G. K. Wheat, J. E. Hughes, @. D. Elem
ing, d. P. NORRIS, and Alex. MCGEE.
Messrs. Davenport and Good appeared
for the plaintiff, and MesSrs. Cowden, and
Crscrait s. Russell for the defendent.
Mr.. Davenport opened for the plaintiff.
He read the allegation, which charges
that the defendant, ". q. Oxtoby, sian.
edred the plaintiff, Henry Conant,
in this, "ThNt on or about the
18Th day Of January last, the said
Oxtoby said on the streets Of Wheel
ing TO Michael Edwards and others, that
be had found out why Conant had so
much money to spend on tho election.
That Robinson e. Wy had told him, Ok
toby, that Conant was in partnership with
them in their gaming, and that Conant
had on one occasion received from said
Robinson $3.50, being the half that said
Robinson had won at gaming" (The
above are not the exact words, but the
substance Of the allegauon.) For this
Islander the plaintiff asks damages Of
$1,000. t'-'
Mr.. Russell opened for the defendant
He said they had made two answers to
the allegation Of plaintiff. One that the
defendant had not uttered the words, az
set forth. But even II he had 1t was no
SANDER, as they could prove their truth.
Michael Edwards was called as the first
witness for the plaintiff He testified as
follows: The defendant and / had FREE
quent talks In January, '7S, about Conant
and the amount Of money he was spend:
ing on the election. One morning Oxtoby
said he had found out where C0nant got
part OF the money he was spending on the
election. He and David Lynn had been
down to MOundsVllle the day before and
had a talk with George Robinson. Robin.
son had told him that Conant was In with
them in the profits Of their gaming. That
they had TO pay him bonus, and that, II
Robinson was TO be believed, they at one
time won 81 800 on q game and paid Co
nant $3.50, Robinson getting 1926 and Lee
Harris 1896. At this time C0nanl was q
candidate for Sergeant. 0xtoby was Bit
terly opposed 70 his election.
IGCT0SS examined. II reColleot the words
Mr.. Oxtoby used very distinctly. "a
question put by Mr.. Russell, asking the
witness il he ever knew Conant TO get
money by gambling, was ruled out) l
have known the character OF Conant Tor
years. Never considered him q gambler.
Have known him TO play cards.fo money.
Do not know his general reputation.
Never saw Conant and Robinson playing
:. q. forpvs ua,rvu-.4-.o-.,.v oro-,
took me on the street In January last and
we commenced talking about the ap-
preaching election. He said 1t would be
. disgraceito the city iilConant was reel
ected Sergeant, as he was interested In o
gambling house.
Can't. Curtis called.-I had q conYersa'
ton with Oxtoby in January last. Met
him on Otis corner one night. He said
he had been down to Moundsville and
had seen Robinson there. I asked him
about Robinson and he said he was well
and sent word for all Of his friends to vote
against Conant, as he and Conant were
partners in gambling, and Conant ought
10 be in the penitenhary as well as he. 1
did not believe it, but thought II 1t were
true no reasonable man would vote for
Conant.
]. NJ. Brodie called-I was present at
the time the conversation occurred be.
tween Capt. Curtis and Oxtoby, but did
not pay much attention 10 it as Oxtoby
addressed his remarks 10 Capt. Curtis.
Lem BuSby called: Mr.. Busby testi-
mony was tho same As Mr., Brodie's, only
he heard Oxtoby say Robinson wanted
his friends to vote against ConanttS
J. N. Sweeney called. was in Oxto.
by's store some time in January last, and
Oxtoby said he and Lynn had been down
to Monndsville and had seen Robinson,
and he had told him something about
blackmailing, to the effect that Conant
had blackmGiled him in reference to q
gambling transaction.
Cross examined. has the repu-
tation Of playing cards Tor money. don't
consider him o gambler. A gambler, !
consider q man who makes that his bust
ness. 1mean Conant has other business
besides gambling. never knew Of Co.
nant gambling at Robinson's establish.
ment. ! haven't seen him play since he
was first elected Sergesnt-l am positive
Donald Forbes called. Mr.. Forbes
testimony was similar to ]. q. Forbes
only he did not remember 80 much Of the
conversation. .... nA
The plaintiffs here rested their case and
the jury was discharged until this morn.
ing at 10 o'clock, to which hour court ad.
iourned.
A motion made by defendants attor.
neys TO exclude the testimony Of Michael
Edwards will be argued at the opening oil
court this morning, alter which the dc.
PENDANTS will proceed with their evidence
The case excited a good deal Of inter.
est, and the court room was packed full
Of people during the whole session yester'
day.
| -$S$--
STEAMER J. W. SKILLINGER-.Ou pop,
ular old friend, Capt. Russell, formerly
commander Of steamer Hudson, has pur-
chased the above fine steamer for the
Wheeling and Cincinnati trade. She is a
No boat, light draught, and runs we'll
GOLD CRoss.-Persons buying tickets
to the Grand Picnic on the Fair Grounds,
on Saturday next, will present them at
the IAtG for hdmissinn and then nrnnnrun