Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-03-21
NOT GUILTY.
N. l. BTzLRR AND HUGH HAWKINS AC-
QUILTED IN THB U. S. COURT.
Tbs Jury Out About Half an Hour, Taking Three
Bsllos-The Case Of William Mysr, Of
Marshall County, on Trial.

In the District Court, yesterday morn
ing. the case of the u S. V. M. L. Etzier
and Hugh Hawkins was resumed, Captain
Doyener taking the floor to make his argu-
ment The Captain spoke about an hour,
and was followed by District Attorney
Watts. who spoke about an hour and b
Quarter. Both gentlemen made very
strong arguments, and were listened 10
at.entively by large audience. At the
conclusion of the arguments the Court SAID
the speeches had go fully presented the
case that instructions would be super
fluous. and about hslf-past twelve o'clock
the iury retired. After an absence ofabout
hall an Lour the Jury returned verdict OF
NOT guilty as to both the defendants, and
they were accordingly discharged, Court
taking a recess until hslf-psst two O'Clock.
The Jury took three ballots, the first stand
ing two for guilty and ten for not guilty.
At the afternoon session there WAS great
wrspgle among counsel &C 10 what case
should be taken up, and more than an hour
was consumed in ffuitless endeavors on
the part of District Attorney
Watts and Messrs. DOvener, Atkinson,
W. H. Hearne, and Others 10 have
a case commenced. Pending an agreement
the case of the U. s. V. K. w. HEDGES,
who is about so years Of age, ana Whose
life would he endangered by tnP 10
Wheeling, was nOHied. The case of the U.
S v. George B. Hale, YVES called repeated
". bat the defendant appeared not, ana
the Court threatened to forfeit Si3 recog-
nizapce. Finally, however, the defendant
came into Court. The case will probably
be taken up this morning
About half-psst three the case OF the
u. S. V. William Myer, indicted for vio-
lation of the election laws, WAS called, and
the following Jury selected: S. A. Wilcox,
Thomas O'Bden. Thomas Sweeney, r
Wier, r. L Fleming, james Mcnamara,
&c Kirker, Benoui Fesy, M. K Hobbs.
John Bulman, John F. Bond, and I. L.
Bait. D1vener and Atkinson for defense.
Before the taking of evidence was he
gun. noUies were entered in the cases OF Ed
ward Higgs and "Bub" Dayton, indicted
for violations Of the election Laws. The
cases of Francis Barger, Nelson Virgin,
emf Leonard Bissell, for conspiracy, were
sent over until next week.
The case of against William Niger Was
then proceeded with. the specific charge
being voing before being of legal age. B.
A. Clarke was the first witness. lie was
one of the commissioners OF ell cuon at
Township Hall, near Cameron. The name
Of William Myer was recorded on the poll
book. and vote cast by him. Niger was
challenged on the ground hat he was not
of legal aye. John Reed wss the challen-
ger. Witness could not certainly identity
defendant as the party challenged, but ut
is the man to the best of my remembrance.
can't say positive"
John Reed knew defendant Did not
see him vote Notified Commissioners that
he was net of age. Saw him have ticket
n his hand. Told him he was net OF age
He said he was going to vote. Do not
know that any one induced defendant 70
vote. Geo Earnest and John Gray fixed
up his ticket.
Edward Butler didn't see Myer there,
and didn't know that he voted. Produced
an application by William Myer for ad-
mission to the D. & 0. Relief Association,
dated October 4. 1888, stating the age OF
Myer. There was big fight on the sd-
mission of this paper, but tine Court order
ed it in. 1t stated defendants age at ~
The case was not concluded, aud viii be
resumed this morn ng.