Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-08-01
HELD FOR COURT.
LANE YHs MARTINS ElRRIlN, GIVES $500
BOND.
rba Man Who Carried OF the Yacht Surprise
Gets Trial Before Squire Arhs-As-
sault Gases Dismissed.

| gentleman from Martins ferIy,
tempted to confscate to his own per-
sonal use the naptha launch Surprise.
Two charges were for assault ana Dat
terry, preferred by Mr.. l. G. Dillon ana
Ernest Warfuel. The cases came up
for trial before Squire Ankle about 2:5o
Yesterday afternoon. The full account
of the alleged attempted theft on the
part of the Martins Ferrian appeared
| in yesterday mornings REGISTER anu
considerable interest was manifested Dy
the assembled spectators. The yacnt
case was the first put on trial:
Col. Arnett and J. D. Elson appeared
| for the defendant, while the State
was represented by j. j. comm.
Alonzo St. Myers was the first witness
called. He stated that on THURSDAY
last he received an attachment against
J. w. Lane, issued by Squire Caldwell,
| G.. Mendel 81 Co. being the plaintiH.
The amount in the attachment was
Sl11.OS. He says he took possession OF
the Yacht Surprise and placed it in care
of Mr.. |. G.. Dillon and Ernest Warfuel.
He made the levy and return on the
same about quarter to eleven Thurs
day morning. About 2:30 that afternoon
he received word that the yacht had
been taken from the persons in whose
care he had left 1t. he
found it afterward back OF
West Wheeling and brought 1t
I'D to the wharf. After making the
levy and placing it in Mr.. billions care
it had been used by him for ferrylng
purposes. The Surprise, he stated, was
a registered vessel. Upon being ques-
toned by counsel for the defendant, he
said that he had promised Lane that he
would not prosecute him If he would
come over to this side Of the river. Con-
stable Laughlin, the other constable
making the arrest, was not present
when this promise was made, being at
the time IN the back room of the May
or's Office at Bridgeport, using the tele-
phone, presumably telephoning for a
warrant. st. Meyers promise to Lane
was that he would not prosecute him for
stealing the yacht. The yacht was
formerly the property of lngleoright,
of Martins Ferry.
/. G.. Dillon was the next witness. lie
stated that about 2 o'clock last Thurs
day afternoon he started for the ferry
landing from his home on the Island.
He saw a crowd about the landing and
saw some one motioning for him to hur-
ry up. When he arrived on the spot he
saw Mr.. Lane trying to take possession
of the yacht. Mr.. Dillon said: "What
are You doing here?" To which Lane
replied: - am going to take this
boat away; it is NINE" MIR. Dill
on answered that he should not;
that he (Dillon) had rented the
boat until Monday. Mr.. Dillon
caught hold of the rope Of the yacht and
Lane tried to take it out OF his hand,
and after a struggle finally succeeded.
Warfuel, the engineer on the yacht, got
hold of the end Of the line and tied it to
the float Lane took out knife, cut
the line, jumped in the yacht and
drifted down the river. Mr.. Dillon said
that he told Lane that the yacht was
under an attachment, but he did not re-
member whether he told him this be-
fore or after he had cut the line in two,
but he warned him that he was laying
himself liable to the law. After Lane
had drifted down the river
piece, he changed his mind and
started up, then turned and went
down behind the Island. Some one had
told Mr.. Dillon that Lane knew that
the yacht was under attachment. Mr..
Dillon had rented the boat since last
Monday and said that he heard no com
plant made by Lane as to the way the
boat was run. Mr.. DilloZ said the boat
was worth nearly $500.
Ernest Warfuel was placed on the
stand. He said: Gas 1 was about
to land on the Island side Thurs
day / saw man on the landing
waving his hands, telling the people not
to get on. / stepped out to tie the line
about ten minutes after two, when
Lane caught hold of me and pushed
me aside. We were struggling
for the rope when Mr.. Dillon
came I'D. l at last got pos
session Of the line and tied the yacht
up. Lane took out knife and cut the
rope and made down the river with her.
The boat is in bad repair, the machin-
cry being out Of order. l should not
think that she was worth over $500.
Moses Mccain was called. He said:
81 rented the boat to Dillon from last
Monday until next Monday. Lane and
l owned the boat. had agreed to sell
and he had agreed to buy, but that's
about as far as it has gone. / did not
sell out and take his notes.
j. w. Lane, the defendant, next took
the stand. He said he lived at Martins
Ferry and was partlowner in the yacht.
81 had no knowledge Of any attachment
me of it, and said it would be best to
run her up. Mr.. Dillon didn't tell me
of the attachment when | was taking
the boat from the landing, or at least
didn't hear him. / went To Mr.. Dillon's
store In the morning and said / wanted
to see him, but was told that he was
busy. went to the landing and said:
Gentlemen, you are not treating this
boat right l took the boat off and
when / landed in West Wheeling Con-
stable ST. Myers came up and told me OF
the attachment. / didn't steal the boat
and had no idea OF doing so.
l started to bring her back
when told of the attachment.
They told me they wouldn't prosecute
me. / had told the man running the
boat that 1t was a pretty rough way to
use boat saw an account In the
paper about the Keystone State mash
ing things up, so thought had better
look after the boat.
Frank Faris, Squire Caldwell's clerk,
testified that at about o'clock
Thursday afternoon he called up
Lanes number and was answered
by q lady's voice, who said that
Lane was In. She called man TO
the telephone who said his name was j.
w. Lane. Faris asked him IL he owned