Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-03-16
THE BARNSHAT CASE.
E0MR INTERESTING EPISODES IN THB GRIM
NAL COURT YESTERDAY,
iriling On. Of a Notion for a Coninaancs or
Pospnsnsat-lhs Defendant On the Sand
FOR Az Examination The Notion De-
MED BY hs Court

lulcoallA epi1uAeef kluWllB o4t uA Luu
sase Of State v. Beni Earnshaw, Of
Wetzel county, who stands indicted for
forging and attempting to utter forged
orders purporting to be issued by the
County Court Of Wetzel county.
The points OF interest arose largely
from a motion by the defense for a con-
linuance or postponement although the
absence Of the defendants at two o'clock,
the hour for the reassembling Of the
Court for the afternoon session, con-
tributed somewhat to tho entertain
ment Of the large attendance in the
Court room.
The case grows out OF the attempt by
EarnshaW 10 negotiate, 40 various
banks in this city, Boz January last, a
number of orders, purp0rtiug 20 have
been issued by the Clerk of the County
Court Oh WetZel county, in favor of W.
!. Pruden, for work and materials in
the construction of certain county
BRIDGES. After attempting TO negotiate
or hyphOthecate the paper at several
Citv banks, Earnshcw 40 last made
contingent arrangement with the hrm
OF Simpson a. Hazlett, and was 90 call
on q specified DAY, at noon, 90 receive
she money. On returning 90 the Office
of the hrm, as agreed upon, he was
confronted with the Clerk of the Wet
eel County Court and others, accused of
forgery, and arrested by Chief Nc
Nicho., whereupOn EarnshaW snatched
the order he was attempting 20 neEO-
tiate, and attempted Co destroy Dc by
chewing be up. He was chOke1 until he
sDate TO Out, and then locked up. Later,
be was released on $1,000 bail, 90 an
swcr an Indictment, and was duly in-
dicled by The grand jury OF The present
term of che Criminal C0lrt, which met
on the 4th iGsr
The case was duly s8ti0r the 18th, yes
torday, and was called Yesterday morn
ing before Judge Jordan, Col. vs. w.
Arnett appearing for the defense. a
jury was mpauelled during the morn
ing as follows. Charles u. Cruubacker,
PEBBLES Tatum. Robert NJ Griffin, W. III.
Paul, Chris. NieWig, Edward O'NeiiL
Charles H. Meyer, John JahnEe, v. H.
H8rvey, A. @. Wagner, Joseph Crese1p
aud j. Wilhelm. The entire morning
was taken up in securing the jury. and
the Court was not ready 90 proceed un-
Oh p. m.
Atthat time the defendant was not
present. and after waiting several
minutes. the Court called the Gt-
tent'0n of COL Arnett TO the lb-
senc8 OF hls client. and COM
meutad upon the fact somewhat
severely. The C0.onel thought be was
not proper subject for lecture, and
asked the Court 90 indulge him a Jew
minutes, while he made an effort 90 SEE
cure the attendance of EarnsbaW. AT
q quarter yast two the defendant was
Still abse0a and the State said TO was
~ lnrt-iaL The Court asked where
the defendant was, and COL Arnett said
he bad not YET returned.
The Court-He was warned 90 be- 10
Cour, promptly 90 p o'clock.
COL Arnet.-I know he was, Your
Honor, and I have no doubt bis absence
was uuint8nti0na.
The COurt-Where are his b0ndsmen?
Col. ArnetJ-Tney are here.
The Court-Where are they?
COL Arnett-Bight here iu town,
Fon Honor.
The C0urt-Let them produce him In
Court in o very short time.
Earnshaw was sent for and appeared
in about four minutes. The witnesses
for the defense were then called, 5ut
not man responded, and COL Arnett
said the defense was not ready for
trial The jury was given recess, and
COL Arnett then read an affidavit, ask
ing for o continuance, Che essential p0r-
ti0ns OF which are as follows
"rhaC be was indicted at Che present
term of th6 Criminal Court Tor forgery
and the u,tering or attempting 90 employ
as true a certain order. or warrant on the
county of WeU8l In The State of West
Virginia; that being under bond in Che
penal sum OF $1,000 90 answer said lldlct-
mout, be was absent 90 his home bra WeZe-
county, wv. va, when indicted tlat his
cause was SET for trial 0v order OF The
Criminal CourLOn Wednesday, rho lth day
of March. 1898, that the DAY nXcd for tra.
is this. the 18th day of March, lSIt; that
lust as soon as a letter could oo mailed, me
is advised and believes, that his counsel,
vs.. W. ArnClt, mailed letter Cd hum, to.-
lowing the same by telegram, ootn OF Which
were received at the same t'ue bat aiian,
SAYS his residence being six miles from the
IS. & O. railroad. be did not get the letters
until Friday night, there being only @ SEMI
weekly mail Co his home That be started,
as me- was requested uy telegram and let
Iers Co do, next morning for Wheeling
10 see his counsel and prepare
for trial; that ora arriving at Wheeling do
went from tine train to the oncc OF his
counsel. found bis attorney awaiting him,
That he gave his counsel the
names and residences -Ot witnesses be
wished subpUGcd They we're ~. j. Pru-
den and ~ H. Martin. of tNetTel county, u.
r., y 0st, O. W. Setter and y. y. Petite,
OF Marion county; that on Monday morn
lng as adant Is advised and believes, the
names OF Witnesses were given the Clerk
of the Criuua. Court, and sucpUuas were
issued Gnd sent Oh Marion and WcUel
counties 90 Che ShoriGs thereof. than such
slbpCuas have not been returned 10 this
Court
"Amant SAYS that he could not safely 60
TO trial without ~. W. Scuter, u. j. Mar
tu and VIZ. Prudan; thar they are im-
portaut witnesses 90 his defense; ana as
TO u. j. Martin and W. d. Prudln, he
knows OF mo- person Dr whom he could
prove the facts be expects 90 establish oy
them; that ho can prove 0V one or them
where the order or papers came from; t12t
he Is charged with forging, that t1e ale
hant did not forge them and had no
knowledge they were forged that be saw
IT. a. Martin on yesterday morning ana
told him this was subpoena Tor him; that
said Martin said his wife was sick, aud be
luId not leave her. 40 the time omant I
w Martin. be Martin, had not been
saVe3 with @ subpoena Ihat oy vt. j.
Pru8en he cUDaCts 20 prove that there
were orders Issued from che County Court /
OF WcNel county. in January q, lcaA Tor
pavment 20 him, W. d. Pruden, FOR build /
fnr briCUes in Wetcl county, W. va.
". n