The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-01-04
THg SIXTH DAY

hN@
ended, Mr.. James Maxwell, ant OF the
former gas trustees, was called as the first
witness, and had only answered two CUES
tons when a halt in the proceedings oc-
cured, and the rest Of the day was taken
up in the arguments Of counsel on points
which will be stated hereafter.
The court, jury, counsel and COOKERS.
on in Vienna were reasonably prompt 10
making their appearance, striking the
opening hour nearer than any morning
since the case opened. Major Mitchell,
in u sweet psalmodiOus voice, chanted the
opening chorus, Commanding silence,
&C. and wss followed by the court eIoCu'
ZIONIST, Clerk MCColloCh, who recited In
thrilling tone the proceedings OF q former
day OF court, which, after being corrected
in one particular, was submitted to the
Court for signature. Judge Melvin then
delivered bis opinion on the objections
raised by the counsel for the defendant on
Saturday, and argued by both sides.
The Court over-ruled the objections. Mr,
Hubbard then raised the objection as to
qualification OF Deputy,Sherif John w.
Mitchell; and also objected to further
proceedings on account Of q conversation
one OF the jurors hsd with Rn outsider on
Saturday. This incident oil Saturday vas
explained to the Court at the time by .
recital OF the conversation held, which
was OF an uuimportant nature. The deci'
sion Of the Court was to override these
objections,
When these matters had been disposed
OF Mr.. Good arose to reply to tho opening
speech Of Mr., ETakiue and state the de,
PENDANTS side Of the case. Mr.. Good
opened his speech by accusing Ar' Frs,
kline Of being Obscure in his remarks and
deficient in hia arithmetical demonstta'
tions. lie said that when the figures on
the black board had to he changed his
hesilapCy was remarkable; and joCularly
referred to the assistance rendered
by associate Counsel-nRming "Prol.
Caldwell, LID; my emotional friend,
Prot, Ciacraft, LID; and another
learned doctor, Prof, b. b. DoVener,
L,LD,n Mr.. Good referred TO this
Incident as putting him in mind Of a
school boy being kept ia for not knowing
his Lesson. "His speech was myRtiIying
10 me, and | think he also succeeded
in mystitying himseli." Attor, these
pIensantries Mr.. Good confined himself
10 the indictment, lie said there wRa
no doubt that some mistake had occur
red on the books, which be explained was
owing to the constant throng and rush oil
gas consumers to pay their bills during the
last days OF grace. BIT he avsrred that
thess mistakes had never been made with
The intent to defraud the city. Money
may have gone into the poCEetS OF the &C.
CusCd, but never with tho intGnt Ot de-
iaudiug the city and converting the same
to their own use; aud you will please Ie'
member, gentlemen Of the jury, that In
tent constitutes the crime. Mr., Erskine
referred to the burning Of the books and
OF the burial OF some in the cellar. We
assert that the defendant was not instru'
mental In this; that the justice before
whom the preliminary hearing was had
did not hold the delenuent on this charge,
There are some inaccuracies appearing
In the books, but We expect to show that
there were false entries made since
the preliminary hearing was instituted.
Mr.. Good then touChingly referred to the
%deiendaut's home and his poverty, which,
he thought, was evidence OF his guil!lesS-
ness. The ~patheLiCal references TO Mr..
Maxwells home relations, visibly affected
tho defendant. The counsel continued at
some leugth, appealing to the jury TO give
would be presepted TO them.
Mr.. Geo. y Caldwell rose 10 reply to
the remarks OF Mr.. Good, when Mr.. Rus.
sell objected to any more burning elo.
quence on behalf OF the State, but the Court
0yerTulad tho objection. Then the black.
board was brought in, which Mr.. Caldwell
wanted for the purpose OF explaining why
Mr.. Erskine hesitAtsd 10 his arithmetic
lesson. This WAS also objected to by de.
PENDANTS counsel. But Mr.. Caldwell
finally got under headway. He said he
was not surprised at all that the counsel
on the other side objected to q reply to tho
speech Of the gentleman who preceded
him. II was plain to him that the speech
was made up Of miastatements. Like Marx
Antony, who avsrred he was not ~ orator
as Brulug was, Mr.. Caldwell explicitly de
clafed that his %OloquenCe was not that Of
Mr.. Goods.
~ am not" said he, "Of that emotional
nature OF the gentleman who works him.
self into Il fine frenzy, cuts, digs. plunges,
and throws sweat around, but ! expect
to present our side OF the case and contra.
diet some OF the statements made by him
in another and Calmer way" The gentle
mau continuing, said he had frequently
noticed the eluIs aud sneers OF opposing
counsel, and had heard such words aa
"who's running this case, anyhow" aud
referring 10 the associate counsel OF the
State as "private counsel" or the ''Coun.
sci for the city," And they tell us that
Mr. Maxwell Is as poor as Lazarus. and
yet he comes into court with three expen.
8ive counsel, gentlemen who are not IN
the habit OF volunteering their services,
ard who do not act In this case from char.
liable motives. They are ingenious gen.
tlemen, and all this watChlulnGss and In.
genaily must be paid for.
"Mr, Good said that Maxwell and King
were discharged OF tho accusation OF
burningt tho books Of the gas Office. King
was-Max we'll wac not. The Justice be.
fore whom the preliminary hearing was
had deemed there was probable cause for
holding John Maxwell 10 RnBwer 10 this
charge, aud accordingly committed him"
Mr.. Hubbard (interrupting)-Wha did
the Grand Jury do, Mr.. CALDWELL
Mr.. CALDWELL thought we would have
that Conundrum. Tho Grand Jury ignored
this charge, Through sympathy, perhaps.
They thought John Max well had enough
to answer Tor without loading him further
with this one.
Mr.. Caldwell then paid attention TO
the assertions Of Mr.. Good, before stated,
and alleged their i%naCcurACy. He then
took that gentleman TO task for degreelng
80 many professors in 90 short a time, and
criliCiping Mr.. Erskine'a arithmetic. nj
Mr. Erskine should be kept In for not
knowing his arithmetic lesson" quoted
Mr.. Caldwell, "Mr. Good should 6s de.
tanned In the grammar class. WAS took
Ia a good word-but that's about the size
Of H." This thrust was In reference 10 a
hurried and thoughtless expression made
by. Mr.. Good In his opening speech.
When the laugh At this sally had died
away, Mr. Caldwell continued his speech
until the hour for dinner, when Court ad.