Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-08-12
THE CASE OF ELI ICE.
MIR. McFaddcn Replies To "Cari
Nuby."
MoUNDsvmLE, w. Va, August s.

MoUNDsvILLE, w. Va, August s.
Correspondence OF the Register.
In reading your valuable paper OF yes
terday. sec Carl Nuby," OF Fairmont,
undertakes to write up the case of Eli b.
Ice. The "B." part is snpurhuous-as
the name OF the party is Eli Ice, OF the
Fifth regiment OF West Virginia cavalry.
A Drawer soldier never shOuldered
musket than the incarcerated Ice. The
story told in the Pittsburgh Leader was
virtually true, Notwithstanding what
vour Fairmont correspondent says. Eli
Ice was tried by military tribunal ana
acquitted for the arrest and death OF
Wade. He was prosecuted by IA.
Moore and Martin, and supposed to
have been defended by Samuel NJ. sum
mers an attorney Of Fairmont. 1t was
evident to every person present that the
now dead Summers was too drunk TO
defend Ice or know that Ice was on
trial for any thing. FL. Moore knows
how easy it was To convict Ice AT
that uial. | am willing to take
IHSllIlOllA Oh MuaN AloNN osAAN
about Summers or anything that
may say. Your carl Newly" has not
examined the land books Of Wetzel
county, as | have done, or he would
find there entered TO Eli Ice 100 acres of
land on Sugar Run, valuation $500. a
few years since, there has two brothers
associated as partners in the mercantile
business. They bought railroad ties and
shocks from Ice and had dealings with
him for several years, and in this period
Ice was sued, in WetZel county. The
brothers above became Ices bOndsmen,
and he executed TO them deed OF trust
upon his farm on Sugar Run, as collater-
al for the bond upon which they had
entered into with Ice, conditioned that
il they had anything to pay, they could
make the money out of the farm. The
suit resulted in iavorol lee; the brothers
harnothing TO pay, the deed OF trust
was not released. \ few years later,
these brothers failed in business; Il
well known lawyer OF Wheeling was APP
pointed as assignee. In the assets
turned over 10 him this Ice
deed Of trust was not turned over to the
assignee as assets, but in few years
this deed OF trust was enforced. Ices
land was sold Tor 500; bought in by the
party. who then held the deed OF trust,
and afterwards sold by the purchaser TO
the present occupant for an amount
over II 900. one OF Wheeling's best
LAWYERS and one from Moundsvllle
brought a suit in ChanCery at your
humble servants instance. They sue
ccedcd in setting aside the sale. AT
this time Ice was out OF harms way, be-
inc then confined in the Pcnitentiary at
Mouudsvile. Eli Ice was on the pen
sion ro.l at the time Of his trial and con-
viction. The Superintendent OF the
Penitcntiary at that time drew his
money and paid it out upon Ice 5 or
derS 20 his wife and for little extras al
lowed over regular prison fair, &c.
return 10 the suit lCrthC recovery oil Ices
land. There was at this stage OF the
proceedings, new hand ut the bellows
stepped into the Uingas local director OF
the pcnitentarv and lawyer. He was
allowed to squeeze ont OF old man Ice
500 for services for which he never
rendered, AMI believe never intended
10 render az the time he took the money
lees land is this day i'm possession OF a
man VINO has no right to hold it only by
the sham sale made by the trustee at
New Martinsvile. write hurridly, be-
ing very busy, but have rcfrained
from giving uumcS of parties alluded to
for prudential purposes, but can furnish
the names of characters ii required. /
write i'm the interest oil humanity.
Yours To- command,
G.. :. NCFApDEN.
p. Sill lee was employed by me as
guard at the pcui'cntiary; recon-
mcndel to me by the Hon. James Bur
lev. deceased, and Col. George W. Bier,
deceased, is honorable gentlemen rs
Wctzrl or Marshall counties ever con-
tanned G.. :. MCF.