The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-07-25
FOUND NOT GUILTY.
Davis ana Mrs. xllsves, of GrsEgs'
vile, are Acquitted
BUT ARE LECTURED BY 1HE JUDGE
Who warns the Man tina. Ohio County
Is TOO Decent Community for him.
The Recent White Cap Visit TO
oresssyi,le Recalled by n Trial IN
tho Criminal Court

In the criminal court yesterday,
Judge Jordan on the bench. the case Of
J. Henry Davis and Mrs. Charles
Kllevrs, Of Gresgsyille. indicted for
lewd and lacIyious cohabitation, was
put on trial to a jury composed Of
.Messrs. Anthony Fisher, J. 7. Rempe,
". j. Brown, Henry s. Roth. Frank
Edelo, John waiford, Fred J. schuman,
G. ". Charnock, Potter F. Farrell, G. II.
Rose, ). W. Lashley and 7. J, DauneE.
In the absence OF Prosecuting Attor-
noy Howard, who 10 stlll out Of .he city,
II. D. Post conducted tho prosecution,
while John J. Conltl and s. o. boyco
represented The defendants
Tho case waa regarded with unusual
interest," from tue fact that Davis ts the
man WHO was escorted out Of GreGavllle
and warned out OF the county by
masked men some tlme ego on account
OF his notorious relations with Mrs.
Klioves.
There were many witnesses, whose
testimony showed that Davis had acted
very tamiliasiy With tho woman while
she was III. One man said Davis told
him he had been accused OF stealing,
but was not guilty yet, but before he
left Groggsvillo ho would steal 'drs.
Klioves.
Charles Kltoves, tho husband Of tho
woman, said ho had believed his vile
and Davis were guilty, but had found
out no was mistaken.
Tho casc wont to tho jury about I p.
m. The courts instructions included
ono TO tho effect that a single act OF
adultery proven would not sustain the
indictment, and another that one OF the
parties might be found guilty and the
other not guilty.
In about tlitcn minutes the Jury came
in with Its verdict: 1--WE, the jury, find
tho defendants not guilty rs charged In
tho Indictment"
Judge Jordan dismissed tho Jurors,
and then, calling Davis to bis feet, he
spoke 10 him in substance as follows,
amid breatl,less silence in the court:
"Mr. Davis. ! want to say TO you that
tho testimony in this case showed you
10 DO q man OF such character that
Ohio county is no. tho place for you.
Tho Jury had tho legal, technical right
to acquit you. and they have found you
not guilty. II was, however, distinctly
proven In tho hearing Of the case that
you had been guilty Of acts Of
such character that decent
community, euch as this Is. could not
DO expected to tolerate your presence
for a moment. You are not man OF
tho character any community would
desire as resident. Any man who
would steal into that old mans homo
and do as you did IL no. Ct neiahber
for reputable people, and the court
warns you now. that II you arc ever
again indicted hero for a ltkt oaense.
and pronounced guilty BY a jury, the
court will visit upon you tho eeverest
pcnaltyknown 10 tho law. The Jury
hns found you not guilty; you arc dis
charged from custody"
Then addressing Mrs. Klievcs, Judge
Jordan said a few words to her. lie nd
monIshcd her when sho was sick an.
other timc to call around her several
women, and not have one man admin
ister to her wante. Ile intimated that
her couduc. was unbecomiug, at least.
and discharged her.
The Judge did not iinpugn the mo-
tIvos OF tho jury or criticlse lts action.
After conrt adjourned one Of tho Jurors
snid the evidence did not legally sus'
tain tho indictment, and whatever
might have seemed morally certain TO
the jury, its members had to consider
tho evidence in tho light Of the instruc.
tions, and tho crime charged was not
proven. Outside Of the Jury bog, how
cvcr, there was not apcrson who beard
tito evidence and believed thc parties