The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-09-20
IVHS EHHLS HAPPY.
The District Attorneys Unex-
pected Change Of Front
GIVES A NEW LEASE OF LIFE
To the "Napoleon of Finance
Counsel Is Also Reiuyepated and
Attacks the Testimony of
Woodruff, the Iniormer,

NEw YoRK, Sept, l9.-The unexpect-
ed change Of front by the district attor-
ney in the Ives case yesterday, just be-
fore recess, by announcing that the
prosecution had closed, has given new
lease Of life to Ives, while his counsel Is
iubilant and to-day went to work like
lawyer whose client Is about to step out
Of the halls OF Justice a free man,
For the first time slnce the trial began
everybody was late this morning. II
wasprecisely two minutes past II o'clock
when Lawyer Brooke got himself to-
gether and proceeded to address the
jury. Mr.. Brooke abandoned the usual
leading up preliminary address to a jury
and went at bis work from the start, He
counselled the twelve men in whose
hands the case OF Ives Is, that the only
question before them for their decision
was whether or not on the 2lst OF June,
1886, his client Ives had issued or caused
to be issued 5000, 900 Of fraudulent stock
OF the Cincinnati, Hamilton & Dayton
railroad. Then Mr.. Brooke essayed to
tear to pieces the testimony given by
Woodruff. Step by step and word by
word he attacked II and told the court
and Jury that II Woodruff Is testimony
was unworthy OF unbeliet then they
must acQuit the prisoner.
Counsel would later on prove 10 the
satisfaction OF the Jury that on that ever
memorable and eventful Sunday when
this grave sin was committed, neither
Ives Stayner nor Woodruff had break
fast in Brooklyn, but that on the con-
trary the three men went first to the
Equitable Building, in this city and
then had breakfast In an adjacent res
taurant.
Counsel passed in scathing terms upon
the difference In Woodrutf's testimony
while on his direct examination and the
cross examination. All through tho
former Woodruff tEcould remember almost
everything after a most charming fash.
ion. But what changed Just as soon
as the cross examination began, 10, the
informer's memory became q blank.
This the jury knew to their entire sat
isfaction, for they themselves on several
occasions tried 10 get Rome information,
but were as unsuccessful as counsel.
Mr.. Brooke concluded his address at
half past 12 o'clock, at which time the
regular recess was taken. Ives was in
his glory and made no attempt 10 con-.
ceal bis feelings. he walized around
his counsel as q school boy would his
iavorite humming top.
AS soon Us court was opened alter
recess Mr.. Brooke made a formal de-
mand for the prepared and sworn state
ments oil the witness Woodruff They
were not quite ready.
Edgar NJ. johnson, E1.counael for the
Cincinnati, Hamilton & Dayton railroad
was then placed upon the witness stand.
He has known Mr., Short all bis lifetime.
In 1880, the lrm OF Hoadley, Londer.
back and johnson was general counsel
OF the road. He was first brought into
connection with Ii. s. Ives during tho
litigation against what was known as
the Jewett trust. Prior TO that date tho
Jewett trust was dissolved and Ives,
buying big block OF stock, obtained
controlling interest. Prior 10 election,
tue witness promised to do all he could
for Short that he might be appointed.
He suCceeded. After the meeting, he
met Short, who remarked, "By the way,
l have signed some OF these certificates
and / don't know what 10 do with theln,"
Mr.. johnson replied he guessed II was
all right and to let them stand. Under
the laws Of Ohio certificates can only be
signed by the President and Secretary of
a company The witness was the per-
Bonal counsel for Iyesa& Co. Mr., Ives
never suggested anything wrong, never
theless he thought that some times the
action and judgment OF Mr.. Ives was
somewhat unbusiness like and boyish.
Cross-examined by Col Fellows: "If
Ives had wanted or intended to do any
criminal act 1t Is most likely he woul
have consulted your"
mo; neither he or any one else"
"You were away in Europe several
months, leaving on June 10th, were you
not2n
"Yes.n
"And during your absence there was
an authorized Increase of stoCk.n
"Nop
"That is all, sir"
Ex-Governor Hoadley was the next
witness. He had known Mr.. Short for
about thirty years we'll and intimately.
Short spoke 10 the witness about the Ger.
ihcates which he had signed in blank
and was told that was all right. ! did
not advise Mr.. Short 10 sign certificates
ahead and give them 10 Mr.. stayner.
In fact, no such conversation upon that
subject was held.
Here Shorts testimony was goneover
at that part Of II In which he testified
that he had signed no certificates until
advised 10 do 90 by Governor Hoadley.
The witness Bwore that the conyersa-
ion he had with Short was only In re-
gard TO certificates which had been and
were 10 be signed. This testimony Is
directly opposed to that OF Short.
Mexican Notes.
CRY OF Mexico, Sept. 1o.-Thero Is