Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-03-18
BARNSHAW GOES Up.
Hg WILL BE SEMI TO THE PEN FOR FROM
TWO TO TIN YEARS
The Conflicting Testimony Given in Evidences
Failed to Create Any Doubt in the Minds
Of the Jury and Guilty is
the Verdict -
"GuiIty as charged in the indict,

Such was the verdict rendered yester-
day evening in the Earnshaw forgery
case after the jury had been out but
few minutes and Ben Earnshaw, under
the provisions of the West Virginia
statutes, is now awaiting a sentence
which may not be less than two nor
more than ton years in the peniten-
tiary.
Earnshaw was still Ill swhen Cour
convened yesterday morning and was
suffering much with thirst. He drank
so much water that his counsel and the
Court both felt called upon to advise
him to stop and the Sheriff finally hid
the glasses so he could get DO more
water. In answer to Mr.. Howard's
question witness told Of his attempts
10 negotiate the orders and Of his meet
ing with McCaskey at the Ohio River
railroad depot. He had told McCaskey Of
his efforts TO dispose of the note to Mr..
Dobbins and to Simpson & Hazlett
and said the Substance OF our conver-
sation was that we would still continue
our efforts to raise money on the
notes"
"Did you at any time have any talk
to w. J. Pruden about them?"
mo, sir"
"Did you talk to any other persons
about the notes, besides those with
whom you tried to negotiate one Of
them?"
81 talked with several persons, among
them Dr. Haskins, of Wheeling. I told
him I had the orders and wanted to
raise money on them, / think ! showed
them 10 him"
"Was the $1,000 order out OF your
possession from the time when Simpson
Il Hazett returned it to you till the
time OF your arrest?"
"It was not in snybodyselse's hands.
1t was either with me or with Mr.. Haz-
lett all the time"
Tell the jury who wrote w. J.
Pruden' on the back Of that order"
81 can't do it. don't know. / did
not"
"You know that it was put on after
the order came into your possession|'
My recollection is that it was on
when I got the note. I don't think
there was any Endorsement on any Of
the other notes. l think the indOrse-
ment was on this note when first got
it and when left it with Mr.. Hazlett." T"
why did you notice this note more
particularly than the Others?"
1T was the one l was trying to use
and think it was 10 proper shape"
"Why did you attempt to use this one
in preference to any other?"
"This one was endorsed, and don't
recollecs that the others were. sup
pose the amount OF the note and the
feasibility Of getting 1t of led me to
use it,"
Earnshaw stated, in response to ques-
tioninRr-that he knew DuanY had
been President of the Court, but that
be had no recollection of Joliffe's being
President
You knew these orders did not be-
long to you?" said Mr.. Howard.
Yes, sir"
"You knew you had no right to raise
money on them?"
81 knew they were not mine"
"Yet you tried to raise money or
them?"
"Yes, sir"
"And you intended to pay them back
when they were due?"
Eyes, SIR"
"You intended no dishonesty"
mo, sir"
s,07L - L,5 49, foft bv pr,dor
TO be held till they we're paid. You and
McCaskey thought you might as well
borrow some money on them till that
time?"
That's It"
"Why did you, when arrested, try to
swallow the order and tear 10 In two In
an effort to destroy it?'
II knew il was not mine and knew
that I was doing wrong, but intended
no harm to anyone"
why did you tell Mr.. Hazlett your
name was Pruden aud that you were
engaged 10 building bridges?"
For the same reason, TO raise the
money"
"You admit that you told falsehood,
your motive being to negotiate the
order?"
Eyes, sir"
ITO tell the jury falsehood now
would be OF much more importance TO
yon than to have told Mr.. HSzlett one. ="
''Yes, sir"
Then how do you expect the jury 10
believe you now?" Objected to, over
ruled and exception noted.
"Now, after coniessing," repeated Mr..
Howard, THAT 70 get the use Of 5000
for nine months you told deliberate
lie, how can you expect TIE jury 70 be-
lieve you now?'
Il am under oath now and will tell
only the truth"
Its hard 70 say that with straight
face, isn't it?" asked the prosecutor, and
the prisoner with others smiled as he re-
piled, "No, sir"
II wouldn't tell an untruth on oath
for anything" he continued, though 1
will admit that In trading / have told
things which were not true"
"You will tell what is untrue IN =
business transaction, and vet not tell an
untruth when il involves your lioerty?'
when on oath, I will not tell an IN
truth, even though ny liberty is In
jeopardy"
Witness admitted that be had told
Mr.. Dob6ins that be lived IN Monroe
county. O., and had told other untruths
in his efforts 70 negotiate the note.
Col. Arnett then took the witness and
asked two questions. Taking the torn
note, he said: "As 70 that name-W.
J. Pruden-did you write that nsms?"
'No, sir.
"Do you know who did write 10"
''No, sir"
J.. Martin, EarnshaW's s0n-in-laW,
was next placed on the stand. be tssti-
fed that McCaskey had given hin q
package Of papers while be was 10 New