Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-25
A CAPITAL oFFENsE.
The Case OF State V. Jack Probasco Put
on Trial Yesterday.

on Trial Yesterday.
In Part Two Of the Circuit Court,
Judge PAUL, yesterday, the case OF the
State v. Jack Probasco alias Jack Cliff
ford, indicted for rape upon the person
of Luella Jackson, the nine-year-old
daughter of Charles Jackson, came on
for trial. The defendant was represent
ed by Messrs. J. b. Wilson and 5. j.
BOyce, appointed by the Court to defend
him. Mr.. Howard appeared for the
State When the case was called, the
defense demurred to the indictment,
which was oYerruled by the Court. The
defense then moved a continuation until
next term, on account Of the absence of
j. w. Hill, George Savoy and Abe
Stahl, material witnesses. The Court
denied this motion also, the de-
tense excepting. The work Of secur-
ing q jury then began, and Jacob
Kellar, Anton Schlatter, M. II. Tag
CART, Charles Sample, Thomas B. Smith,
Henry Kalbtzer, 5. 3. jefferson, w. I.
Krummie, Elmer Nichols, Frank Cald-
well, A. c. Wagner, and AlDhonsus
Singer. The taking OF evidence was
commenced about ten o'clock. Drs.
Manley, Ridgeway, Morris, and John
K. Pipes, being called to testify to the
condition of the little girl. They were
followed by Mrs. Jackson, whose exam
ination and croSS-examination was very
long. On REORGANIZATION Mrs. Jack
son denied that she was in conspiracy
TO convict Probasco, or that she had
ever told a man named Whitesides that
this was a good chance to get even with
ProbascO She also denied that she
entertained outsiders" at her house.
About ten minutes of three o'clock
little Luella Jackson, the victim OF
Probasco'S assaults, was called to the
stand She is an exceptionally fine
looking girl, with long golden curls, at
tractively dressed, with abrOad-brimmed
hat, and when questioned proved TO be
extraordinarily intelligent. When she
came on the stand, the defense objected
to her testifying, because Of her youth
and her supposed ignorance Of the OBJ
legation OF an oath, but the girl soon
demonstrated with perfect clearneSs
that she knew what she was about,
and that she was entirely competent to
take care OF herself. Her story OF Pro-
basco's assaults upon her, told with all
the innocence inherent In a child OF her
age, was a moving tale, and aroused in
dignant whispered comments all over
the Court room. There was large
audience present, and it was not
two minutes after the girl took
the stand until she had won the
sympathy of nearly everyone in the
hearing. She was subjected to rigid
REORGANIZATION, but came out OF 1t
with flying colors. He story was one
we'll calculated to arouse indignation
against her assailant. When her evil
dence was concluded the State rested
its case.
Among other witnesses called by the
defense was DR.. Marley, who gave q
medical opinion based, upon an examina-
ton, not especially favorable to either
side Of the case. At ten minutes after
four the defendant was called TO the
stand. In reply to questions the de-
PENDENT showed disposition to wander
around and had TO be twice admonished
by the Court TO answer questions. he
denied in toto all the material allega-
tions OF the witnesses for the State, and
particularly those OF the little girl,
Luella. One question was:
Q.-What was the feeling OF this little
girl towards you, if you know? A
She hated the sight OF me.
Mr.. Howard-I don't blame her.
On REORGANIZATION defendant said
ne was born in Paris, France His
father was Frenchman and his mother
Irish.
Don't you know there never was
a Frenchman under the sun named Cliff
ford? A.-That is my name, right
enough, all the same.
Q.-How old was you when you was
first married? A.-Twenty-four.
Q.-How many wives have you living
now? Al don't know that there any
right wives living.
Q.-There are two OF your wives
living, amt there? A.-Well, l suppose
they may be called that.
Q--How many years did you serve in
the penitentiary for having two wives
at the same time? A.-Fourteen
months.
Witness went on to say that he got
zee and one-half years and his con-
= was so good, that through the in
ee of business men and attorneys
out on parole. He went on to
was forced to marry his first
gainesville, because of q child.
I'd his first wife got divorce
again, but found. after he
.arried in Belmont county,
taken. He then plead guilty
and went to the pen. He
the women under the