The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-12-05
IN qHR CIRCUIT COURT.
The Case Of clatOr, Combs and
o'NeiII Put on Trial,
cLRToR FAILS TO APPEAR
And His Bond Is Declared Forfeited.
A Juryman BECOMES III and
Causes an Ir'OrFup'ion-Aio'
Neatly Is q cooI Witness,


Yesterday was a rather interesting
day in Part Of the Circuit Court, over
which Judge PAUL presIdes, Contrary
to the expectation Of some, Mr.. ]. N,
Medically, OF Loyettsburg, Va, put in
an appearance as the prosecuting wit
ness sgainst William Clator, Harvey
Combs and Padge o'Neill, who are uu'
der indictment for having robbed Nc
Neatly Of some sixty odd dolIarslwhile he
was passing through here about six
months ago.
The case was set for trial yesterday,
and after court had been opened and an
order had been made directing that ten
additional Jurors be drawn and SUM
nloned for next Monday, the case was
called. Combs aud O'Nelll appeared
with Capt, B. R, Doyener, their at
torney, but Clator failed to answer
after having been solemnly called. TWAS
thereupon ordered that his recognlzance
be declared forfeited, and further, that
a writ OF scivs .facidS DO Issued agalnst
Clator and DR.. George j. Caddle, his
surety, aud that q CaPias bs issued
for Olator, both Eeturnable on lhe hFst
dav NJ the next term, The bail bond
given by DR., CaddIe was for $500. Cla'
Tor Is reported TO have gouO to Kansas
City. a., ,,.o,,,,,
was commenced before a jury composed
Of the following named citizens: Elmer
Carlln, Jacob Swellzer, Edward Rllzer,
Adam Singer, 7. Orr, John Zorwick,
Carl Hamilton, W, j, Bodley, George
Morrison, John Whelan, David Hercules
aud Fred. Chorts,
Mr.. Medically was the principal Wit
ness on the stand during the day. He
told his story in plain, straightforward
manner, and despite Captain Dovener's
clover eross.examining did not allow
hluself 10 lose his cool head or become
mixed up in luis statements. There was
q large audience present nearly all the
time, and the bouts between the Captain
and the witness, with an occasional objec.
ton or other interruption by ProseCut'
ing Attorney Howard, were keenly en-
joyed.
McNeally's story has been told in these
columns before. Briefly, y is that he
was on his way from the West, where
he had been for two or three years, to
his former home In Virginia, and had to
wait q few hours in the evening In this
city, for a train; he was met by
Combs, according TO his story, aud
steered into the back room Of Hea.
Tvs saloon to see q walking match |;
the ring for the walkers was there, but
no walkers; 0'Neill joined Combs and
engaged him in a game Of some kind for
the drinks. Presently Combs induced
McNeally to loan him what money he
had in order to beat 0'Neill at tue game,
they having commenced to play for
money. The money up, Medically says
Clator appeared on the scene and "ar.
rested" him and Combs, while 0'Neill
slipped out. Later on Combs was allow
ed to 60 and Olat0r escorted Medically to
the depot.
The taking OF evidence was still in pro-
gress at 4:S0 o'clock yesterday afternoon
when the Jury was given q few minutes
In which to stretch their legs. During
this interval VIII Bodley, one Of the
Jury, became Ill and his illness affected
his mind To such an extent that
the Court had to order him confined.
This occurrence occasioned considerable
excitement about tue Public Building
for time.
Court being called to order again the
defense signihed It's willingness 10 pro.
coed with the case with only eleven
Jurors in the box, but the State OBJ
jectcd to any such proceeding, for
seeing that in Caseo OF q conviction new
trial would be easily obtainable, Tho
eleven Jurors were ordered in charge Of
the Sheriff for the night and court ad.
journed till this morning at $3.50. The
probabilities are that Mr., BOdley's COLI
dition will make It necessary to impanel
new jury and start the trial again.
In Part II before Judge Campbell the
taking OF evidence was continued In the
case OF Jacobs We. Klevis, Kraft
4 Co., in assumpsit. Tho taking
Of evidence will probably be con.
cluded to-day and the arguments
begun. THIS case has been OH trial
nearly two weeks.
The case Of ]. Sumner Stone We. j. NJ,
Clouston, on an appeal, was dismissed.
The case was one involving some prop
erly on the Island and was com.
promised.