Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-03-20
WAS NOT FINISHED.
THECASB OF THBU.S AGAINST NJ. L. BIZ
LBR AND HUGH HAWKINS
On Trial 10 hs Federal Court Yssisrtay-Ihs syi-
dsles Very neutrality-suspicious. Of
The Case on Both Sides

dsnes Very neutrality-suspicious. Of
The Case or Both Sides.
The entire time Of the United States
District Court was taken mp, yesterday
with the bearing Of the case Of the United
States ". Hugh Hawkins snd NJ. L. E'zler,
charged with a violation Of the election
laws. in ts5t they counsellad and solicited
william Mum, the we'll known colored
barber. to cast az illegal vote, on Novem-
Der 6 b. oh the Seventh ward precinct Of
Madison district
Ouite large number OF witnesses were
examined during the day, and when Conrt
adjourned. at SIX O'Clock, the evidence was
an IN and the arguments OF counsel had
been partly heard. The case will 20 to
the Jury this morning
The defendants are both well-knOwn res
idents of the Island, and there was very
large number of residents Of that portion Of
the citv In attendance during the day.
The evidence was exceedingly contra
dietary several witnesses swearing 20
sfstements which were fatty and emphat-
ically denied by others, and the IL
ovif.ble conclusion was that tHe Tccol.tc.
tions OF "a large proportion OF those paced
"a the witness chair were very mucA out OF
repair. % put il mildly
The case for the State, briefly stated,
We. That between the hours Of nine and
eleven o. lock ON the morning Of Noyem-
Der 6lh. Hugh Han kius and l. III. Etzler
were standing on the northwest corner OF
Zane and North YoCk stresis, Just without
the ''sixty-foot" limit Of the Island poll,
working ina the interests Of the Republican
cause. While standing there, Billy
Nnzum came down North York street.,
and anoroschsd the two defendant. MI
Hawkins handed him a ticket, AFTER
scratcbing or otherwise fixing 10 az, ana
Nnzum riaried across the street TO the poH
st the engine house, followed al
short distance by MessTs. Hawkins ana
Ftl'er. who presumably desiIed TO see il the
bsllot went through. The Democratic
cbsllsnger at the poll was James Dsiters,
and his attention was attracted 10 the
Nuz1m episode, and he determined 10
challenge Nuzum ss be came up. Mr'
Mann offered bis vote, and was promptly
CHALLENGED. and his vote refused,
ybersnpon be went away, and pro-
ceeded over Go Bridgeport and c5st
vofe in tbsr town. The principal witness
for the government was Mt. Deiters, who
said hen his attention was called 70 the
group of three on the corner Of Zane and
North York streets, be stepped 20 the cor
uer of the hose house, and looking dag
.onallv across the street, saw Mr.. Hawkins
fixing up Nuzum's ticket. In this and 9th
or essentials he was c0rrobOrated by two OF
three v. tnessSs, NJ Lake saying. 10 sun
stance. he saw Nuzum coming down York
street. ard said TO friend, Mr.. Keats;
"watch Hawkins tackle him." Nuzum
came on down TO the corner, and Hawkins
did tackle him, and fixed up ticket
for him.
Mr.. Keats testifed TO the same general
effect.
The defense made a desperate effort to
break down the testimony of Mr.. Deiters
by Introducing evidence to show that he
WAS not a person of Truth and veracity,
and that he could not be believed upon
oath. j. A. Faris, called TO the stand,
said he dld not regard Deiters as having a
ufrst-clsss repu,auon.n bat could not be
more definite; James Howell, James Me
Gee and George ii. Robinson said they
would not believe him on cath, William
E-skina bad an impression, he could not
tel how acquired, that Mr.. Dei,ers' reputs-
ton was below the average; to believe MIN
uDon ostn. witness would have to know
how much he WAS interested 10 the matter
M issue. Charles Lukens thought his
-,.,,t,t,o, f,r aruthf-7lroal vsss ABOUT the
average. This evidence was offset by that
of halt-a-dozsn well known Island gentle
men. among them Grafton Beall, Officer
NIeNichols and F. 2. Mcneil, who would
believe Mr.. Deiters on oath.
The matter Of an offer on the part Of some
of the Island Republicans 70 buy Mr..
Deiters' services upon election day, for the
sum of $40. was brought up, and IN this
connection Mr.. Deiters said ne had met
C.. W. Bsggs, J. A. Faris, and one or two
others on the bridge corner, the night be
fore the election, ard MT. Baggs asked
him if he had got his money" and
said III was waiting for him. Mr..
Faris said there had been no such meet
ing. Mr.. Deiters said the $40 was offered
him by James MCGEE, who had taken
pains TO say they didn't want to buy
his vote; man might be sent over the
read for that. "
In the course Of the testimony it was
shown that after the election, Mr.. Deiters
was brought 10 the house Of James
Waiter and J. A. Faris WAS there as a
witness. The preteXt upon which Del, ers
WAS brought in was that there was a
pame chicken and rabbit some one want
/ cd him TO take. There an attempt was
/ made TO find out what Deiters was going
TO with reference to the grand jury, but
little satisfaction was obtained.
The claim Sc. up by the defense was
/ that Nuzum had been citizen of West
I Virginia for many years, and had always
voted in this State That he had resided
with his wife on the Island, but after a
separation he regarded No. 1920 Eof street
as his home, and slept there when not de-
tanned in his shop at Bridgeport by bad
weather. etc. That he had approached
the polls GA elec ion day, taken ticket
/ from Mr.. Hawkins, and gone across the
/ street. alone, to vote il. Being challenged
and refused, ,be went,over to Bridgeport
stated to the election officers there that he
rad been refused = vote in West Virginia,
and that be had a right to vote somewhere,
and was accordingly allowed TO cast bal
/ lot in Ohio bIr. Hawkins stated he did
not scratch a ticket for Nuzum OF speak to
him about voting, ana Nc. E'zler said he
was not with Hawkins, but about twenty
or thirty leet away, aud that ali be said
/ 10 Nuznm was when the latter was coming
away. lie asked, did You vo.e2" ana
/ Nuzum said 'No, sir. Mr.. Hawkins
said ne does not know TO this day whether
/ Nuzum was legal voter or not, he having
merely handed out a ticket TO him as be
would 70 anyone el5e.
Daring the progress Of the trial George
Robinson was sent TO the leland to take
measurements and make a sketch Of the
locality about the poll, and brought his
diagram into Court about four o'clock in
the afternoon, with distances, etc marked
upon il. Mr.. DOvener had previously
drawn a rough diagram OF the locality,
which excited more or less merriment