The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-10-21

Mr.. Hubbard-"Rig here desire to
ask the gentlemen on the other side II
they think they have proven any one Of
the charges, and II go, which,"
Col. Arnett thought this kind OF an in
quiry was irregular, 10 ray the lesst. He
thought the prosecution had presented
evidence which WIS entitled to credence.
He thought the charges must be con-
sidered substantiatei-many OF them,
certainly, perhaps all Of them. He con-
iess;d that the evidence hsd been
desultory and unsatisfactory, not offered
in logical order, but this was not the
fault OF the prosecutors. They were COM
PEELED to take testimony as it was offered,
and could not compel any witness to give
evidence.
HIS LAWYERS THOUGHT PORTER TOLD THE
TRUTH.
Mr.. Hubbard said, irregular as the ques.
ton he had asked might seem to the other
side, he asked II in good faith. He asked
1t because he did not think it was credible
that the counsel for the prosecution could
imagine they had sustained slngle ale
CATION Of the charges. Believing this he
had desired to consult the interests OF
the committee. 1t looked to him waste
OF time TO bring evidence to disprove
charges which there had been no serious
effort TO establish. The committee had
given generously Of its time to the consid.
Grafton OF these charges, and he did not
feel like imposing on its members.
Col. Arnett said that in the Specification
which the prosecutor had designed and
intended TO convey in the charges, he still
thought they were established. In the
sense which the opposing counsel seemed
to take the language OF the charges, for
instance that they raised inferenCes that
certain things charged were done Tor i'm
moral or improper purposes, when this
was not asserted in the charges, the coun..
sci for the defense was probably justified
in thinking the charges were not proven.
He desired to say that whatever the ad-
versary or others might think, Captain
Smiths counsel were inclined to believe
that he told the truth when on the wit
ness stand.
Mr.. Hubbard maintained that none OF
the charges were sustained, but said he
would cHer such witnesses as he could
now, though he might not be able to oc-
Cupy the full time Of the committee.
The prompsness with which the sue
Cessive witnesses were called by MIR. Hub
bard and the business like manner in
which their examination was conducted,
was in striking contrast to the desultory,
hating way in which evidence was ex-
tracted from witnesses for the prosecu-
ton on the direct examination. Four
witnesses were examined By Mr.. Hub
bard in about twenty minutes, most OF
that time being taken up in cross exami-
nation.
TIE DEFENSE.
The first witness for tho defense was
DR.. J.W. Mccoy. The Doctor said hesaw
Mayor Grub number Of times during
the SRugeriest concerts, and he was per.
fectly sober. He knew no shadow OF
an excuse for charging that the Mayor
was grossly and indeCently drunk" on
those evenings.
On his cross examination he said there
was bar at the Sengerfest hall; he was
down there once He only spoke to May
or Grub twice, but saw him often. He
came out OF the hall with him on one
evening. The rGngerfest bar had no IL
Cense. The witness was present as q
member in the Second Branch OF Council
when the singing societies petition for
permission to sell beer came up. He pre-
sumed it was communicated to the First
Branch.
Hon. Ben Fisher was next called. he
said he saw Mayor Grub at the second
SRngerfess concert, and walked down
with him 10 the hall; he sat by his side
till 10 o'clock. The Mayor was perfectly
sober. He new nothing that would ex-
Cuse the charge that the Mayor was drunk
on that occasion.
The cross examination amounted to
nothing.
NO APOLOGY FOR THE FALSE CHARGE.
Mr.. Alvin W. Donel was also with
Mayor Grubh, he said after being sworn
and taking the stand, at the s'engettest on
both evenings. After the first concert the
witness, Mr.. A. II. Beach and Mr.. Dent
Taylor walked from the SHugeltest hall up
10 Fourteenth street, where Mr.. Grubb
left, going toward home. He was entirely
sober. On the second evening the same
party and Mr.. Frank johnson went down
to the rink with the Mayor, and they and
Hon. Ben Fisher returned to the corner Of
Fourteenth and Market streets. The
Mayor was sober. Tho witness knew OF
no fact that could afford any apology for
making such a charge as had been made
by Porter Smith.
Ca his cross.examination Mr.. Donel
said he had never said the Mayor was
"pretty full" on one Of those evenings.
He had never talked about the Mayors
condition, further than to converse in
general way about this matter with his
friends sinco this investigation began.
The Mayor had not been drinking on
either evening to such an extent that it
could be noticed.
Israel Waterman wss next called by MIR.
Hubbard. He is employed in Mayor
Grubbs store, and told Of conversation
between the Mayor aud Porter Smith
some time before the State Fair, in which
the Mayor told the City Sergeant that
there must be no gambling on the fair
grounds.
Col. White undertook to describe the
jewelry spindle stopped by Smith. His
description was amusing. Mr.. Waterman
said he knew nothing about gaming. He
had heard casual Conversations in the
store about the stoppage OF games on the
Island, in which the Mayor took part, bat
nothing Of importance was developed by
Col. White in dwelling upon this point.
Mr.. Waterman said In answer to fur |
Their questioning that he had seldom
heard the Mayor speak OF Capt. Smith,
except onGo or twice since these charges |
were filed he heard him say he pited
Porter Smith.
Mr.. Waterman being excused, Mr..
Hubbard said he was not prepared to offer
any other testimony just at this time, and
asked that the Committee adjourn, which
It did shortly after o'clock till o'clock
this evening.
BARNEY GALLIGAN.
His Rad Break on Monday Evening and
What Is Said Of It.
Z The shocking conduct of Barney CALI