The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-09-25
AWAITING YHE VERDICT.
The Argument Closes in the
Celebrated Ives Case
AND THE JURY is LOCKED UP
For the NIght-Col, Fellows Starts
inon Dramatic Scene and Re-
cetyes Set Back fFom
An Inpulsive Juror

New YoRx, Sept, 24,-The Ives trial
is rapidly nearing close, To-day wit
messed the largest crowd in the court
rooms since the famous proceedings be-
gun. The door-ksepers were at their
wits end to know what TO do with the
crowds that dthrough the corridors
Of the building after every available seat
had been filed.
The Recorder was on the bench pre-
cissly at IL o'clock, and the District
Attorney was also at his post early ready
to begin the task Of summing up, When
Colonel Fellows did begin at ll:l0
o'clock nearly half Of those in the court
room were standing, Ives appeared un'
usuallyneryous. HismouthtwitChed aud
very frequently he closed his eyes for
short period. He was III at ease and
followed Colonel Fellows with bis eye
as the Prosecuting Attorney made prepa-
rations for his speech, The District
Attorney lost no time, After few pre-
liminary remarks, he sailed In for the
defendant's counsel, whom he charged
had from the beginning deliberately
tried to divert the attention Of the jury
fromths main question. The people, he
said, charged Henry s, Ives with issuing
G,OO0 shares Of stock Of the Cincinnati,
Hamilton & Dayton road, June q, 1885,
without authority and with intent to Dc.
fraud. The transaction took place In
New York, aud anything that took place
In Brooklyn had nothing to do with II,
AT this point and Just as the Colonel
was launching into most pathetic
speech, he received a set back which for
the moment knocked all the drama out
OF him and made him forget his part.
Crouchlng down he was right before the
Jury, and raising both hands over his
head, he began to reGede slowly while hel
asked In thunder tones what evidence
the defence produced TO offset what the
prosecution presented? To the aston.
ishment OF all the fourth Juror answered
the question pretty quickly by saying;
ave have not answered yet but we
will"
Colonel Fellows' hands fell to his
side. For the instant he was nonplussed.
He had evidently lost his temper, for
looking the jurymau full In the face, he
retorted by saying: "Iwant no com.
ment from the jury at the present time"
The speaker then dwelt at some
length GU tue testimony Of Short who
had been connected with the road for
S8 years and whose testimony was
wholly reliable. II was shown that 10
suit the Ives faction he had to take q
back seat and fill a minor office.
Referring TO Woodruff, Col. Fellows
said that only a liar, lOrger and
thief could be connected with Mr.. Ives.
The people were compelled To use such
witnesses in case Ike the present que.
Ives had to use such willing tool as
Woodruff and discharged a trusted otli-
Cial in order TO make place for Wood.
ruff. AT q quarter past l o'clock Col.
Fellows voice began TO fail him and he
appealed to the recorder for a recess.
Half an hour was allowed.
Col. Fellows finished his address 10
the jury at half past 8 o'clock. In
closing Mr.. Fellows said that In all his
experience, extending over thirty years
he never knew OF another case where
the charges were 20 clearly proven as in
this, and on the other hand case
where the defense was 80 feeble. at
this point Mr.. Brooke took exception
stating that the statement had a ten
deney to intipidate tho jury. The oh.
lection was overruled.
In conclusion Colonel Fellows said
that not one share OF existing stock was
cancelled when the 6,O0O shares were is
sued. vi the defense can show that
this was the case," said Mr.. Fellows, ad-
dressing Prosecuting Attorney Brooke,
II am willing to walt week for you to
prove It,"
"Do you mean that, Mr. Fellows9'
asked Mr.. Brooke.
"Most assuredly."
"Then let me say that the testimony
Of Cashier Burns Is your answer"
"Not by any means. Stock cancelled
year after that day docs not lessen the
crime OF over ISSUE"
Continuing, he said.
"Who Is Iyes2 Scarce out Of boy.
hood days he plunges into the financial
world, and ere he Is 25 he fails for Sl6,.
0O0,0OO aud dazes all the world. He Is
not a failure; he is not wreck. AT the
beck Of his hand he secures tue best oi
legal talent"
Before he sat down he paid a glowing
compliment to MIR, Parker, who, he said,
was really the chief 10 this case and TO
whose ability the building up Of the
case was wholly due,
At 3:4l Recorder Smythe began his
charge TO the jury. On the whole, IL
was Impartial and was q clear exposition
Of .he facts and the law governing them,
Shortly before 8 o'clock the Jury retired.
At 1855, as the Jury had not reached
averdlct, Recorder smythe locked them
up for the night