Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-03-17
THR LITTLE SCHEME'
DEVELOPED By BENZ. EARESHAw, IN THE
CRIMINAL COURT, YESTERDAY.
how BE Accounted kr Obtaining the County
0rdsrs-Hs Says They Came From Deputy
Clerk MsOasksy, and Details
Speculative Arrangement

Earnshaw, for forgery and attempting
TO utter forged paper, was resumed be-
fore Judge Jordan, in the Criminal
Court, yesterday morning, and con-
sumed the whole Of the day. There
was a large attendance Of spectators
throughout the session, The witnesses
for the defense did not put IN an ap-
pearance-a fact which occasioned no
particular surprise to those familiar
with the situation. Col. Arnett, coun-
sci for the defense. made the most Of
materials at his disposal, his cross-ex-
animation OF the States witnesses being
long and minute.
Mr.. NJ. D. Post is assisting Mr.. How
ard, for the State.
The first witness called was Clerk
Thompson, of the Wetzel County Court,
who had been on the stand the previ-
Gus evening. His discrimination BY
Col. Arnett was very long, going into all
the details OF the issuance of county or
ders, fiscal practices OF Wetzel county,
and particulars of various sorts. He
said the forged orders were taken from
an old order book.
The next witness was Mr.. Howard
Hazlett, OF the firm Of Simpson & Hsz-
lett, who narrated in detail the visits by
Earnshaw TO the Office Of the firm, in
his attempt 10 negotiate the Srged or
der, and the subsequent arrest Of the
defendant, at 1920 p. m. on January
18th.
He was followed by Mr.. Reed, who
has a desk in the Office, and who gave
further details and be by DR.. R. w.
Hazlstt aud Mr.. Archie PAUL. All this
evidence was practically TO the same
general effect.
Two points Of especial interest were
developed during the morning, one
being the forgery Of Pruden's name on
the back Of the order attempted to be
negotiated, fact not previously known
to the State. 1t also came out that
when Mr.. Hazlett handed the order
previously given to him by Earnshaw,
back TO Earnshaw, on the Tuesday
previous to the arrest, II had no en-
dOrsement on the back, while on We'd
nesday, when be again brought the
paper TO the Office, il was endorsed on
| the back with Mr.. Pruden's name.
The afternoon session opened with
Mr. w. B. Simpson on the stand, who
| again went over q portion Of the events
at the Office of Simpson 81 Hazlett.
He said, among other things, that
Earnshaw said in the Office during the
negotiations he was not particular
about getting all the money called for
by the order at that time. He wanted
to dispose Of the order, however, and
not to borrow money on it.
D. G. Morgan was called, and detail
ed the visits of Earnshaw to the Office
OF Simpson 81 Hazlett, in which the
witness also does business. He also de-
! tailed the arrest of Earnshaw. Earn
shaw told Mr.. HaZett, in witness hear
| ing that be had written the name of
Pruden on the paper himself.
Cashier p. B. Dobbns, Of the Dollar
Savings Bank, detailed visit by
Earnshaw to the Bank on January 9th,
when Earnshaw attempted to sell the
order, then obtained the address Of a
gentleman who might possibly buy the
order, and later still on January 18th.
Earnshaw attempted to negotiate loan
Of $500, with the order as security.
| EarDshaw told witness he lived In Mon
roe county, o., and had obtained the
order in payment for bridge work.
Earnshaw said, on the first visit to the
Bank, on January 9th, that he had
been sent 70 witness by Squire Howell,
of Bridgeport.
10 fchn1 oo1lod do
tailed what took place in Simpson &
| Hazett's Office, in his presence, on the
day OF the arrest, and added the fading
OF four additional orders in Earnshaw's
pocketbook when he was searched al
the City Hall. -Four of the two orders
were produced aud identified by the
witness.
O0icer Lukens detailed his connection
with the arrest.
Clerk Thompson was recalled by the
de Tense, but was rot present in the
building, The State here rested its
case.
The question OF why the subpenas
| OF the Court had not been served by the
| Sheriff OF Wetzel then came W for dis
cussiOn between counsel and the Court.
Col. Arnett exhibited telegram from
S. 3. Hall, of Wetzel, saying Martin,
one Of the defendants witnesses would
be in the city last evening or this
morning.. During the recess one Of the
/ Jurors asked for the bowling news in
the morning paper aud the account was
cut out by the Sheriff and given to him.
The defendant was then sworn by the
| Court and took the stand. He detailed
/ his place of residence, said he had lived
| in Wetzel since 1856, had been a mem
Der of the County Court for eight years
and President for six years Col. Arnett
/ then sought 10 introduce the fact that
on his second arrest for forging the $3.50
order, when he was under bond for
/ So, 600 for the 81 600 order, be was not
required TO give a bond ia the new case,
but to give another bond in the first
case. The testimony was ruled out.
/ Mr. Thompson was then called, be
/ having returned from the Ohio River
depot, and identified warrant for
/ Earnshaw, signed by him.
Mr. Earnshaw then resumed the
stand, was shown the first order for
l 81. 900, taken from him, and said the
order, along with several others, were
sent to him by the hand OF J. T. Martin
in sealed letter. They came from
New Martipsvllle, from Deputy County
Clerk G. $. McCaskey, of the Clerks
/ Office OF Wetzel county.
Q.-What did you have to do with
any OF these orders, in the way OF
executing them, or writing on them?
A.-Nothing at all. There is none OF
my writing Oh any Of them. never
touched any Of them with a pen.
IHr;.,ass eofd ba had M bro-fad,a