Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-07-23
WHEELING, W. va. THURSDAY MORNING. JULY 1885.
IMPORTANT VERDICT.
John HOWsry Gets $3.50 From Funk, VIII,
Had swindled Him.

4onn noWory 6ets 9SSO from tunkt VINO
Had swindled Him.
Special 10 he Re0ia5.
PARKERsBuRG. July 22.-In the case Of
John Howery against Harry Funk the jury
tound verdict for plaintiff for $500 and
interest, making q total of $3.50. The
amount which Funk and his confederates
sEindled HoWery out Of was $500. The
defendant, now of Virginia, was the propri-
etor of the 81. James Hotel at Huntington.
As the trial proceeded the developments
we're Of startling nature the
Plaintiffs testimony being that 10
had been drugged and while in semi con-
lcious state had been actually robbed OF his
lard earned cash which he carried in belt
on his person. The details as in evidence
before the Court, are substantially as fol.
lowE Howery and his wife registered at the
Sc. james on November 3, 1888, and from
he time he became guest Of the hotel it
seems the
Intrigue Commenced.
HoTery Is resident Of Missouri. near
Sedalia, and was en- route 10 the Kanawhs
Valley to Wait relatives, and falling 10 make
connection at Huntington had to
lay over there all night. The
old mans story is to say the least little
thin in some respects. He alleges that the
water he drank from pitcher in his room
that night had strange effect and the cof.
fee at breakfast likewise. That after par.
taking slightly Of breakfast he was joined
by the barkeeper { langley, and invited up
to o private room where be was shown al
alleged patent bed-spring enclosed in o
glass case, and while examining it he be
came aware Of a singular sensation
creeping over him and thinks he
inhaled something from the glass case.
About this time friend { p whom Langley
Introduced as Johnston from the
Shenandoah valley, then displayed
good roll of bank notss aud some cards
and wanted to bet. Howrey says he de-
chned to bet, but he virtually admitted that
he had made one bet of $40 when he saw
the fellow
Turned Up a Corner
of q card. he further claims that Langley
deliberately put his hand under Howrey's
vest snd took out of belt around his per.
son eight hundred dollars. That when he
realized that it was gone, as also was
johnson, he asked Lsngly why he let John
con take it away, and Lspgly told him that
johnson had snatched it. That was the
last seen Of their friend Johnston. At this
juncture the defendant, who was then the
proprietor of the hotel appeared upon the
scene, and scared the old man out of his
wits. He charged him with hav-
ing been gambling and threatened
to have the old man arrested
He ard wife left on ;he first train without
making any complaint, which seems strange
conduct for q man who had been robbed OF
that amount of cash. Stoppisg at st. Al
bsns, friends there advised him 10 prosecute
Funk. He then made affidavit and Funk
was tried on
Criminal Charge
in Cabell Circuit Court The Jury, ~ nine
for conviction and three Tor acquital, disa.
greed and we're discharged. A
change of venue vas had an3 another trial
had in Mason couaty, but il seems that the
strongest evidence against Frank was ruled
out BY Judge Guthrie and the case was dis
missed, and Harvey comes into United
States Court for therecovery of she amount.
The old man relateisome rightinteresting
facts in regard to the man LsnglY, who he says
told him after the loss that his uncle, Mr.
Harkman, was banker il Sedalia sadthst he
would be there soon and would make this
matter al right. He did not wish his uncle
to know that he gsmbled; as he expected
him to start him in the banking business in
Kansas some time soon. I. A. Miclne OF
Huntington, and W. C. Yeaton were for
plaintiff, and Snively, of Grafton, fcr de-
tense.