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

the witnesses said on the stand. When
he would demonstrate with the people
who were obsEructing him, and inform
them Of his position, the boys would 70.
ply, 1--WE want to win the strike"
Twelve year old boys. l have read oil
prodigies; have read the biographies
Of mere youths, OF men like our Hamll-
ton, who took control OF the treasury
department OF this great country when
he had early passed his majority, and
brought about such wonderful results.
We hear OF such cases, but they are ex-
ceptional. When you see a boy OF
twelve years OF age, telling the men who
are controlling the operations OF the
railroad through the city, that they
"Want 10 win the strike" you say 1t Is
exceptional. Where did the idea come
irom2 Where else could it come from
except from the fireside OF the father
and mother OF the boys2 Who put it
in the heads OF the boys to assemble
there in gangs OF thirty odd, (for the
evidence shows that they sometimes
came in gangs oil fifteen, twenty, thirty
or more to do this sort OF thing? Do
you believe these boys conceived the
idea? What could BIO their object?
"Irain boy in the way he should go"
and the adage now is, that he will soon
depart from It, and begin to think
there is good deal in it.
Taking one step in the wrong direc-
ton, may lead to the boys destruction.
The first step taken, the second soon
follows, and then tho third and 30 on
S to the end. And when the end comes,
bitter indeed are the recollectlons OF
the parent OF the child.
/ do not recognize the right OF any
man to make me work when the COM
pensation Is too small. When was
pFacticins at the bar, and a man EN-
ployed me, | did the best | possibly
could for him, but il he did not pay
me, he could get others, and ii | did
not serve him well, | would expect him
TO secure some one else.
There are two sides to every ques-
ton, and there are two to this question.
In an experience Of thirty-one long
years on the bench, I have endeavored
to discharge my duties without fear or
favor, or respect OF person, have en-
deavored to discharge those duties, as
citizen to citizen.
The question involved in this case is
In regard 10 the distractions placed on
the tracks OF the Wheeling Railway
Company, running through this city to
Benwood. The only question to deter.
termine ia whether these boys placed
distractions on the track, and, ii so,
whether it caused delay in the trans
portation OF the mails OF the United
States. Ii you find from the evidence
that this is true, you should unquali.
fiedly find them guilty, In support,
the government has offered evidence
showing contract between the govern
ment and the Wheeling Railway Com
pany for the transportation OF the
United States mails. The distractions
complained OF were created in the vi
cinity OF BenwoOd. Five witnesses, all
OF them intelligent men, have identi-
fed these boys. Five witnesses
identified the larger boy, and four
identified the younger one. The tirst
government witness, Geisler. very in
telli2ent man, when giving his evil
dence, inpresses one with the truth OF
his statements. He said these boys
placed distractions on the track and
that the distractions delayed the mails
OF tho United States. Tho next wit
ness, Weigand, was on the car with
Geisler, and corroborates his state
ments. The next one, Meyers, a motor
man, identified both the boys as those
placing distractions on the track.
Grayble, the conductor, on Meyers car.
identified both. Groves, the mail mes-
senger, rode on the cars frequently, and
testified that very often distractions
were placed on tho tracks, at times
compelling the transportation OF the
United States mails on other routes.
The evidence shows go many obstruc-
tions, that sometimes the cars had to be
abandoned, aud that the mails had TO
DO transported on other routes, by way
of Martins Ferry, Bellaire, over the
Ohio River railway and other routes.
Now then, this is violation OF the stat
utcs, imposing penalty for OBJ
structing the United States mails.
The unimpeached testimony OF
two motormen and two con-
ductors on two different cars shows
that these were the boys who placed
distractions on the tracks, delaying the
cars and hfndering the delivery Of the
mails. On one occasion the trolley, l
believe it is called, was thrown out, de.
laying the car. The first witness said
he had been struck repeatedly by stones,
when removing distractions.
But, while the boys undoubtedly
placed distractions on the track, some
one older than they are behind them,
acting tho part OF towards, and do not
dare 10 undertake, themselves, what
they put the boys up TO do. They sup.
pose, the boys being mere children,
that the courts wiunot notice what they
do.
The counsel for the defense has made
as strong case as possible, and has at
tempted to set up what in law is called
an alibi. TO show that tho bows were not
at the place when the distractions were
placed.
IkYou have heard the evidence, and
know whether or not the boys were
there. / leave that for you 10 deter.
mine. You know whether they have
accounted tor all tho time necessary to
prove an abb. You have heard the
testimony Of several lady school teach
crs. There is great deal OF conflict
there, the testimony of those ladies
conflicting with that OF other witnesses,
This you must yourselves reconcile.
Think, MIR. District Attorney, can
say this, the evidence in this case,
shows a conspiracy in respect to this
railway company in carrying the mails,
and direct you, sir, to take steps to
ferret out these parties, and indict
them for conspiracy in this case. You
can succeed in convicting them Of con-
Bpiracy.
Tho general remarks l have made
have nothing to do with this case as to tho