The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-02-25

The case OF the Rtate vs.. J. X. Earnest,
accused OF having buncoed Isaac Bra
ycrman, Russian Jew, out OF ten dol.
lars by pcruonatins abank clork, camo
up before Squire Ankle yesterday even
Inc, This is tho same ca.o in which
Jack Forsythe, who was discharged by
the justice, was accused Of being I'M
plicoted. -5
Mr.. Donloy testified that no did not
geo Earnest on tho evening In question,
asaturday evening, on Market street be-
tween seven and hali.past seven o'clock.
IIe saw Braverman holding on to Padgo
O'Nell.
Joseph Barum testified that no was
standing in doorway below tho Mil
waukeo saloon, Saturday evening two
weeks ago, between seven and hali-past
seven O'clock; that he saw Isaac Bra
yerman having an alteration with
PadGo O'Neil, and while tho fuss was
going on Earnest jumped in the door
way alongside OF him, opened tho door
and went into tho hallway. 0Neil and
tho Russian passed on down to the cor
ler, and Earnest came out OF tho hall
way and walked briskly up street. As
he came out Earnest told him to toll
Padge O'Ncii that he would meet him at
Carriers old saloon. Mr.. Barum deliv-
cred the message.
Padge O'Ncil's evidence was to tho
effect that he did not sec Earnest in
that neighborhood on tho night in
question. Hc also said that Joseph
Darum did not deliver any such mes
sage to him as Barum had testified to.
0'Ncil further assorted that Earnest
wGs not the man who had got the Rus
SLAMS money.
George Watson, barkeeper in Les
lcy's saloon, in tho Kull building, and a
Mr.. Grattan, q potter, testified that
Earnest was in Lesley's saloon from five
minutes after seven, on tho night in
question, until after half past seven
o'clock. The defendant himself mado
the same claim on the witness stand,
and said that he was not north OF the
creek alter quarter paat six o'clock on
Saturday night two weeks ago.
AN INCOMPETENT ALlBi.
Bravcrman swore point blank that
Earnest was the man who had got his
money; he acknowledged that no had
formerly Identified Jack Forsythe as the
man, but said that he now recognized
Earnest us tho culprit. Nh
Earnest was recalled to the stand and
testified that he was positive he had
been in Lealey's saloon on the night
and at the time the robbery took place,
on Saturday two weeks ago, because it
was January 30, and he had written to
his brother, who had agreed to meet
him on that day. Unfortunately for
Earnest's recollection of dates it was
the 18th OF January that fell on Satur-
day fortnight ago, and not the 3Oth OF
January.
Earnests wife testified that her hus-
band left tho honse at o'clock and was
back homo and in bed ehortly after
nine. This testimony, in connection
with that OF AIessrs. Watson and Graf
tan, who swore that Earnest was in
Lesloy's saloon from five minutes after
seven until half past seven, during the
time tho robbery was said to have taken
place. would have gone lar to establish
IN al!bi Tor Earnest, but Joseph Bar
um's unwilling, but direct evidence, and
also the evidence Of BraYerman, who
said that the man who robbed him dis
appeared suddenly thus bearing out
Barum's testimony about Earnest slip
ping into tho hallway sealed Earnests
fate. Fle was bound over TO court in
aum Of $500, and failing to give bond was
committed to Jail.
Earnest was not alone in his mis-
fortune. While Brayerman was on the
STAND, the interpreter, well known
and respected citizen, told the court
and the attorneys for the State and do
tense, that no had understood the wit
ness, at tho trial Of Jack Forsythe, to
testify, that Padge ONeill had told him
to hand the bank book containing tho
money TO O'Noi!l's partner The attor-
neys consented to tho asking of the
question, and Braverman repeated
: his former statement duplicating
oAeil, namely, that O'Neil had told
him to hand the bank book and the
money to his partner, who was n clerk
IN the bank and who would deposit it.
At the former hearing, when O'Neil
ana fotsythe wero accused OF tho rob-
berry, both wero discharged, Owing TO
Inc new Developments brought out by
me INC. interpreter, Squire Arkle held
y Neil, as nm accomplicc, in $500 bond.