Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-03-18

when be was first let out on bail. the
Chief Of Police had shown him the file
which McCGskey had given him with the
papers in it, had given it to Earnshaw,
who had given II TO witness. He de-
scribed some papers contained in the
file, among which was letter from the
Canton Bridge Company urging the
County Court to settle with some man
whose name WitRess could not recall.
The file did not, when wit
ness obtained possession Of IL,
contain the sealed envelope which was
in it when McCSskey frst gave it to
him. On cross-eXauination witness
stuck to his story, repeated the details
and said be did not know at the time,
and had never known since, what the
package he delivered contained.
VIM. Mehen, Of Moundsville, was put
on the stand aud testified that Earn-
shaw's general reputation among his
neighbors is good.
J. S. McCaskey, deputy clerk OF the
County court Of Wetzel county, was the
next witness. He testified that he was
in his Office or the court room from the
second till about the tenth or eleventh
of January, and that during that time
he had given Martin no papers.
"Prior TO that time did you have any
talk about county orders?"
"No, sir. For at least one year, until
after his arrest, have not seen Ben
EarnshaW in my Office or had any con-
versstion with him on any subject
whatever"
"Dd you talk to Earnshaw at the
Ohio River depot?"
"No, sir. did not"
Witness could not identify the orders;
did lOt know who took them out Of
the order book or did any Of the
writing on them: did not send them or
any other papers TO Earnshaw, snd had
no conversation with Earnshaw In
which he agreed to give him certain
| orders.
On crOss-examination witness said he
had signed al the orders issued al the
January term of court, rs the clerk
was sick. He said that the seal Of the
county, which vas on one OF the orders,
appeared TO be genuine. He was in
Wheeling between January 10 aud a.,
but was not in SistersVlle, Ohio or
anywhere else In the first half of jan
uary He did not send an unsigned
| telegram from Ripon, O., 10 EarnShaw,
telling him to wait for letter, and
had never heard of Ripon before. He
came to Wheeling Friday night with
Martin and talked wi3 him on the
way.
did you" asked Col. Arnett make
any proposition to him about getting
away-leaving towR?'
81 did not"
"You made him no proposition to do
SOP"
mo, sir"
Witness had had no intention OF leav-
ing home and had sold no property with
that in view. He had seen Martin
while court was in session but had had
no conversation with him. IN answer
I TO questions he stated that to make out
! q false order one would have TO go 10
the vault which stands open In the
clerks office, tear the blank out OF one
book, look on the back OF the order
! book for It's number, or the Inside for
| the number OF tho order, place the
writing upon the order and then stamp
the seal on. He said this might DO
done without the clerk or deputy know
ing it. The signature Of Mr.. Dulany be
said a very good one, but that OF Mr.
| Thompson he would know at once was
not his hand writing.
Martin was then called back and
placed on the stand.
What, il anything asked COL Ar
nett, "did McCssket 20 you about
going away?"
"He spoke TO me on the train. He
proposed first for me 10 get OF at
Moundsville and 90 away or go back, and
then be proposed this morning 10 paY
me to 20 away, either to give II to me
in person or to leave It at the postoftice
for me-"
How much did he say be would give
you?"
"He did not say. He SAID he'd nave
to see Mr.. Thompson first"
What did you say?'
cat first / did not answer. When be
spoke TO me the second time / looked
around and said well "
Witness, when questioned further
said he had not seen McCaskey TO speak
20 him yesterday morning and explained
his former assertion by saying be meant
TO say not that" "McCaskey offered me this
morning 70 pay me" but that "McCaskey
offered last night to pay me this morn
ing"
Mr. Howard took the witness and
said Didn't you tell Mr.. McCaskey
coming uD on the train Last night that
Ben Earnshaw was id old liar, that
be was trying TO get you into trouble
and that you did not carry a package TO
Earnshaw?"
mo, sir" That was the language Of
Mr.. McCaskey."
"Did you say anything to that
eTsct?"
..No, sir"
Mr.. McCaskey was recalled on rsbUt-
tai. and was asked by Mr. Howard
what did Martin say 20 you on the
train on the subject Of carrying q pack
age to E2rnshaW?"
Martin said be did not Intend 70
come until be had gotten the telegram
telling him 30 come. He said bis attor-
ney IN New Martinsvills had read him
something about the case from paper,
and be Martini had said the ID old
liar was trying 70 get him into trouble.
He said he'd never carried a paper %
hlm-but OF course he knew that
Both sides here rested and the Court
adjourned for dinner.
At the afternoon session VI. d. Post
began the argument Tor the prosecution
bv a refusatlon OF certain legal proposi-
tions made By Col. Arnett In disput-
ing the statement Of counsel Tor the oe-
fense. that unless 10 is shown that the
forgery was committed ia Ohio county
the Ohio county jury can not Ind tue
defendant guilty. Mr. Post referred 70
the case Of State ". PolndeEter, % W..
Va. IN which the Supreme Court de-