Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-11-27
THE EVIDENCE.
lCOntiRued from Fourth PAGE. |

Continued from Fourth PAGE
THERE NEVER GOULD re TRIAL:
that the case could be disposed OF other
wise, until lately.
Q.-That was Your understanding wher
You went away. Ayes. / was always
told that Mr.. Lamb would not appear, and
tfOm Mr.. List that il would not be
pushed. l have a letter here going over
the whole matter, from Mr. Lamb. / also
mad an understanding with Mr.. Howard
ana others; that was always my distinct
impression. From Anderson l went to st.
Louis. Then came home in December,
and then went back TO Mansfield. Kansas.
Q.-You were asked about Mr.. Freis-
mouth. Ayes.
Q.-Now, I'll ask you 10 state that if on
the 9th or 10th of April you ever took any
money through his place. A.-No, think
not; and can't recollect that | ever took a
package out that way.
Q.-Well, YOU can say you never took
any money: A.-No, | never did. We
never took money that way, unless it was
| Pewyky money, and then there were
always two or three of us, going to pay
car. We took the money down To the car.
Q.-Have YOU any recollection of taking
4 package through that way: A.-No, |
have no such recollection,
UNLESS 1T WAS CLOTHING,
or something like that.
! Q.-Hou spoke TO Capt Dovener about
these certificates of deposit. viii you tell
where they were. A.-They were at the
house When ] got the bank book, sup
posed they were all there, but they were
not, and on the second trip got the rest.
think my wife took her bank book from a
rack on the wall.
Q.-YOu never asked as to the where
aboutS of Harry w. List. When you
asked Mr.. Stanberry about Harry List,
what did YOU ask him about other wit
nesses. Al believe | asked him about
where Mr.. ID. G. List was, and where MIR.
Lamb was. think he told me Mr.. List
was out of the city.
Q.-When YOU went to MIR Stanberry
what was your object. Al think
wanted to know whether they would APP
pear, so | would know what 10 do; wheth-
er | would have 10 stand trial, rs they led
me 70 believe they would not appear.
asked generally about all Of them.
Ga re-croSs examination witness said he
did not use his last name when he was
away, but went by the name Of HAIRY
Bates.
LIVELY SCENE.
/ OFF you were not to be tried, why did
you 20 away and leave your father TO pay
/ 5000. Al never understood he would
| have TO pay IT,
/ Q.-Why did you go away, if he was not
responsible for a cent, if the case was not
tried. Who ever told you that he would
not have TO pay ii if you went away: A
They told me that.
Q'-Who was present. AIR. Rosen-
/ berg and were present TO see you IN
regard TO having the case fixed.
/ Q.-I understand you TO say that ! said
10 YOU 70 skip out. Now, sir, didn't you
smiling as you sit there on that stand. y
I was smiling at Mr.. Howard, thank YOU
Didn't you come 10 my Office ano
state that you desired to confess guilty tC
this charge, and you went to Mr.. Howard
and made an arrangement that you would
have the privilege of cOnfessing If you
would come up and plead guilty TO this
charge. A-No, sir; did not.
O.-And in my presence didn't you come
and state 10 Mr.. Howard and have the day
postponed A.-No, sir; he proposed II
himself
Q.-And didn't you leave without my
knowing that YOU went away: Al don't
know whether YOU knew il or not. | don't
mind seeing you at that time. You sug
gested my pleading guilty Yourself
A.-Didn't you say you had come TO thI
conclusion TO plead guilty, and asked ms
70 make an arrangement with MIR. Howard
not to set your case, for the reason thai
Won desired 10 make arrangements abou
YOUR family! Al will have TO go bacl
10 the bank affair TO tell about that.
left the Bank of Wheeling, at the sugges
ton Of Mr.. d. e. List, to see about thu
trial. We went up 10 see you, about how
/ il could be arranged, and you said Their
were three WAYS: First, TO skip out, ant
another YOU said was | could so up an'
plead guilty, and dispose Of the case tina
way. or / could employ AN attorney If
: thought could make out good defense.
This scene created big sensation amon
the audience.
DOWN on MIR. HOWARD ALSO.
Witness said Mr.. Howard had not KEEP
his promise, and when asked how he kney
, this. he said Mr.. Howard had agreed 10 IN
! form his wife how things were going, ant
g she was 10 let him know. The witness wa
taken over the Kansas trip by Capt Dove
ner, and there was some very spicy cross
e. nrlng between defendant en'i tho Saptai'
, as 10 why the defendant left home, why h
changed his name, why an attorney wa
: employed in Kansas. in an attempt TO kee
r him there. etc. Witness said Mr.. H0war
: had always pretended TO be his FRIEND
had promised 10 have the case nOliied, etc
Mr.. Howard, he said, went to see tn
Colonel, and tried 10 get the requisitio
stopped
~ Q-Now. you have made a charge her
that the Prosecuting Attorney went I
! YOUR counsel and tried 10 get the requisi
! ton stopped: A.-Well, if | said so,
: may have been mistaken, but knew h
had talk with the Colonel.
Didn't you say so, in order to at
tempt 10 blacken the reputation of MI
Howard, because he is Furnishing you
A.-No, but know he was talking abou
il TO the Colonel | was told so. Col. Al
nett said Mr.. Howard came to his offic
! and showed him telegram about my bein
arrested IN Kansas, and asked him som
questions. | never thought he would wan
: to bring me back. / thought the remark
7 were something 10 the effect that Nj
Howard was going out, and was sorry
e and asked what could be done about it.
e Don't YOU know that Just the n
r verse of that is true. Thatit was Col Al
! nett who was anxious to keep him fror
r being brought back. A.-No, didn't.
? There was quite a spirited scene her'
l. during which MIR. Howard sought to hay
e. the witness statements explained, but b
e. finally gave il up. because of opposition
Witness said that if it was true Micha'
: ] trelSmutn saw nun CoHllu5 out VI W
= back way of the bank with a bundle, l
the evening, it was not money for tn
"Pewikyn road.
O-IR the Jail at Winfield, Mr.. Steenro
standing by, want to know if you didn
! tell Mr.. Howard that the package {
money was handed TO you by Gil
in front OF the Bank of Vince
ing; that YOU didn't know who
e was. but that you would know he
5 face. and if YOU could find her, you woul
p make Harry List sweat. That YOU didn
t intend to leave stone unturned to find hel
d Al have no recollection about say
ing that: may have said th1
r n Girl saw him hand il, but never said
: yirl handed il 10 me; have looked for tn
: girl. but have no way OF finding her, e'
Z cent by running across her accidentally;
could not describe the girl; | never coul
describe woman; she was medium oil
x GIRL: never talked 10 anyone about it, fo
, / was always told to keep quiet about thi
whole thing; have letter from Nj
Lamb 10 that effect; the girl would III
doubtedly be an important witness Tor m'
Going back to the $4,000 package, IN
witness said the package had been receive
from MIR. James l.. Hawley, ana ne ma
seen it in the vault the very day IL wa
taken. ,,,.-s,i
I On the conversation, at the Winfield
/ iaii. didn't YOU say Col. Arnett told you |
, skip Al may have confounded VIVA
Mr.. Howard said; it was Mr. Howard wh
told me he would get the bail reduced;
Idos't remember saying that Col. Arne'
TOLD NE To SKIP