The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-08-04

Judge Jordan, OF tho criminal court.
yesterday morning set aside the verdict
OF guilty in the caselOt William Groves,
charged with utteringa forgery in the
matter OF the Metropolitan Life Insur.
ance company Of Now York, granted a
new trial and ordered that Groves be
admitted to bail in the sum of $1,000,
Judge Jordan said in substance that
the prisoner had all the time that was
necessary, and the cause was tried by u
reputable jury. The verdict was in ac'
cord with the testimony, and so far as
the trial is concerned the defendant has
no cause Of complaint, The defendant
Is charged with uttering u forged bond.
The ottense OF uttering is not complete
until the bond 10 received by another
party. The indictment does not follow
the statute. The proof shows that the
letter was received by the Metropolitan
Lite Insurance company in New York,
This indictment simply charges tho
prisoner with utteFing tho bond In the
county Of Ohio. There is no evidence
here showing that he uttered 1t here.
II is shown that the utterance was con-
pleted in New York,
The Judge read from authorities 10
show that the venue should be In the
county where tho utterance Is COM
pleted, and added that us tho principle
here involved is the sumo, he did not
see how he could do otherwise than to
SGT aside this verdict on the same
ground and order u new trial.
Captain Dovener, for the defendant,
said that on the prevlous trial, Whit
son could not be used in Groves de-
Tense, but now no will testify that Mr.,
Groves was entirely innocent in the
matter, Whitson only having guilty
knowledge OF the forgery. He thought
n nolle should be entered in this case,
but in the absence OF the prosecuting
attorney, perhaps this could not be
done, Under the decision OF the court
q nolle in this case Is inevitable, and
Groves would be willing to give bond to
appear on any future charge. He asked
that the case be adjourned to next
Tuesday, by which time he would have
word from the prosecuting attorney.
10 this tho court agreed, and the pris-
oner was remaudad pending the effort
OF his friends to secure bail.
There are many points OF interest in
this case, and 1t is being closely
watched. The indictment sets forth
that Groves did fraudulently and TO-
loniously utter and employ as true the
said instrument, the said Groves we'll
knowing the same to be false and
forged, to wit, the bond Of Harry
Woodwork" The Indictment did not
charge an attempt, the veuue Of which
would have been proved by showing
the mailing here to another party and
knowing it to be forged. II hereafter
Groves shall be indicted for attempting
to utter n forged instrument knowing
It TO be forged, 1t will be necessary to
chow that he knew it to be forged
when he attempted to utter it.
CONFESSION ny wnITsoN,
On this point a part OF an affidavit
made by B. A. Whitson since the
Groves trial will be- of interest and pos
sibly OF considerable Importance. Whit
son was q district deputy under Groves,
and after the recent trial OF Groves wal
on his confession sentenced by Judge
Jordan TO two years in the ~penitentiary.
Whitson could not testify on Groves's
trial because the testimony, he would
put, would convict him on nh indict-
ment then pending against him for
forgery. Since his sentence md having
no further object to gain by holding his
peace, he afiirms IN substance that the
bond was procured by him and handed
to Groves in the ordinary way, that Is
in the usual course OF business,
and that no responsibility should
rest OH William Groves, Us he had no
knowledge whatever OF said bond or Its
execution, further than the statement
OF said Whitson to Groves that ii was
all right" that he represented tho sure
ty as good to Groves; that this state
mont is made through n sense OF justice
to Mr.. Groves, who is innocent and has
no guilty knowledge in the matter OF
tho bond being Il forgery. Whitson
further says that lie allowed stomm to
work for the company under the name
OF Brown because Stemm represented
the distress Of his family; there was no
dishonest intention, and Groves knew
nothing about the arrangement. No
loss resulted to tho company, and Whit.
son made good all no owed tho com
panY.
Tho state statute makes the attompt
to utter a forged paper n felony, as we'll
as tho utteranCe contaminated.