The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-23
THE DRAMATIC MIDDLE.
PrIal OF Theopolis Laramie ana
John McCiusky, Yesterday-Both
Parties Discharged-Fun Re.
port Of the Evidence.

court house was cfcWueu Will PeoPie, w
witness the preliminary examination OF
McClusky and Laramie, charged by
John Thompson, the comedian, with
felony. The attorneys in the case were
promptly on hand, and shortly after the
court was called to order by Squire Phil
Inns. the defendants came in to answer
any charges that might be preferred, Mr..
Laramie remarking by way OF intro
duction, with great sang fro1d, that a.
fifty cents per head the house would
bring at least $500. The Thompson
party being already son Hand and al
most all the witnesses being present, but
little delay waa occssioned.
The case was opened by swearing the
witnesses for the prosecution, Mr.. Ernest
Stanley, agent for John Thompson nrst
taking the stand.
MIR. Stanley testified that he was agent
of the company, and had made all the
arran gements preparatory to the COM
PAWS appearing in the city, Messrs.
Laramie & McClusky being the con-
II actipg parties. The contract and teie,
grams were produced Us testimony, and
also the affidavit sworn to by the witness
on Saturday night. Two COL tracts were
shown, the one agreeing 10 the payment
o. $500 on Saturday morning, by Lara
mic L. McCluskey, and the second and
binding one with the time changed to
Saturday evening. The correspondence
showed that Stanley refused the nrst
offer OF 1915, and finally agreed to the
$500. Witness said he was not salts
fed with the appearance OF things at
the restaurant, and asked The gentleman
for a guarantee of $25 IN addition to the
expressage paid on the compsny's bag.
gage, which was given. Stanley said
the attendants had represented to him
that they owned the property in which
they were doing business, had made
$4,000 in the past month, since the ad,
vertislng of the gold watch began, and
under these representations he mace
the agreement per contract. The
company came and played on Friday
night, according to contract. and
after the performance Treasurer Wat
kins asked for 500 from the defendants,
which they refused, saying the contract
had not been fulfilled. McClusky sad,
however, on Saturday, that he had $500
deposited in the German Bank, together
with the contract, tor security To the
company, and on this representation
witness said the company agreed to fur
nIsh the matinee performance. Inc re-
ceip.s for the evening previous had been
1898.
During the examination ofthis witness
there was considerable interest manifest
cd, he being the principal witness, and
Mr.. Dovener and witness made several
attempts at bull DOING each other, the
attorney getting rather the worst OF the
set-to.
James Hamilton, manager OF the
Opera house, testified as to the box re-
ceipts of the entertainments, which
amounted to about $500 IN all.
John Thompson testified that Nc
Clusky had promised him q guarantee
after the performance Saturday after
noon, and had stated that he had depos-
tied $500 in bank subject TO his lThomp-
son's) order.
Mr.. Watkins, Treasurer of the Com
pany testified that McClusky Il Laramie
had stated to him that they were perfect
" responsible for everything they con-
tractei for, and that they would pay
Thompson the money due on the fulfill
ment of his contract with them.
Mr.. Buckley, a member of the Thomp
son company, testified that McCluskey
had informed him that he had placed
$500 in the OHIO Valley bank, subject to
| Thompson's order and that Laramie ex-
pressed himself rs pleased with the per-
| Torrance.
Jacob Kemple said he was not men,
Der OF the company, but that McClusky
had told him that they had good house
on Friday night, and that the show WIS
first class.
Mr.. Woodmansee. of the Grant House,
testified that Laramie came to the Grant
House on Saturday and said that be had
An attachment TOR Thompson's baggage,
and that he Woodmansee) told Laramie
that he had prior lien. Woodmansee
further stated that Laramie had told him
that they had good house, and that the
| company was good one.
A recess was here taken, and further
hearing of the case continued till z
o'clock in the afternoon.
On reassembling Mr.. Adams, cashier
of the Ohio Valley Bank, was the first
witness called, and testified that Laramie
or McClusky had had no money in de-
post IN that bank ether on Friday or
Saturday.
Mr.. Bayha, cashier of the German
bank, testified that McCluskey had de-
posted box in the bank on Saturday,
but did not know what it contained.
The clerk of the bank, Mr.. Sa!,erbach,
was the II sworn, and stated that the box
deposited by McCiusky had been de.
posted for safe keeping for Elizabeth
McCluskey and not John Thompson
that McClusky had no money on de-
pest in the bank.
TIE prosecution here rested the case,
and the defense having no witnesses
they desired te produce, the case was ar
gued, Messrs. Cracrait and Woods for
plaintiff and Messrs. Dovcrcr, Dsven-
port and Tayler for .he defense. The
argument occupied some two or three
hou :, and when the case was submitted
Tor decision, 1t was quite late. Justice
Philips decided that there had not been
sufficient evidence adduced to show cause
why the parties should be held to answer
the charge, and accordingly discharged
them, whereupon Laramie Il McClusky
entered SUIT against Thompson tor $500,
damages alleged to have been done them,
and so the matter rests for TIE present