The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-03-19
BEN EARNSHAW GUILTY.
Tho Forger Convicted in the Grim
inal Court Saturday.
THE JURY WIS OUT ONLY m HOUR.
Conflicting Testimony of tho Closing
IlOurs-Tho Ponalty From Two to
Ton Scnrs-A Motion for n New
Trial Mndo aud Set for Argument
NCNt Saturday.

In tho criminal court Saturday shortly
after . o'clock tho jury in tho case Of
Ben Earnshaw, on trial for attempting
to raise cash on forged Wetzel county
orders, brought in n verdict OF guilty,
altor having boon out loss than an hour.
The penalty 10 from two to ten years
imprisonment IN the pcnitontiary.
Colonel Arnutt ut once made u motion
for n nov Trial, which tho court offered
to decide NJ once, but tho colonel said
he thought the court was not ready.
Judge Jordan then set the motion down
for argument next Saturday, and Earn.
shaw was committed to jail until that
time.
Tho attendance Saturday was even
larger than on previous days OF tho
trial. Earnshaw was still on the stand
undergoing cross.cXamination, and was
still sick.
llo told OF meeting McCaskoy Mt New
Martinsvillc after he had failed TO raise
money on tho orders here, and said alter
d talk they concluded TO continue their
efforts. lilo mover talked to W. j. Pru-
den. The order was not in unybody's
hands but his own alter no first showed
it to Mr.. l"lazlctt lie did not endorse
it and did not know who did. lie said
he tried TO swallow tho order when
caught because he knew it was not his
and he was doing wrong to try to sell ii,
though he intended 10 harm to any,
body. lie admitted he told Il ialsohood
and claimed to DO Pruden, and that no
had told other untruths, but said he
would not lilo when under oath.
J. I. Martin, Earnshaw's son.in-law,
corroboratod his story that Martin got
4 packet OF papers from McCaskcy and
| gave them 10 Earnshaw. Ito said
among these was q sealed envelope
addressed to i. Earnshaw. lie never
knew what was in it.
William Mchan, OF M%ouudsyillo, tes-
tilted to Earnshaw's good reputation.
J. S. MCCaskey, deputy clerk OF Wet
eel county. denied that he had over
talked to Earnshaw about county or
ders. For Il year he had not seen
Earnshaw in his Office nor had he talk
cd to him on any subject. He did not
send Il telegram 10 Earnshaw.
lie came to the city on the same
train with Martin Friday highland had n
talk with him, but did not say anything
about leaving home or leaving town;
had no intention to leave. and had not
sold property with that view.
Martin was then recalled and asked
what McCaskcy had said.
He answered:
"lle spoke TO me on tho train. He
| proposed first Tor me 10 got of mt
Moundsville and go away or 80 back,
and then he proposed this morning TO
pay me to 20 away, either to give it to
mo in person or 10 leave it at the post
office for me-"
How much did he say he would give
you?"
"Iie did not say. He said ho'd have
to sec Mr.. Thompson first"
MIR. Howard took the witness and
snid, didn't you tell Mr.. McCaskey
coming up On the train last night that
Ben Earnshaw was 4 id liar; that
he was trying to get you into trouble
and that yon did not carry 4 package to
Earnshaw?"
No, sir. That was tho language OF
Mr.. McCaskey."
Did you say anything 10 that cflect?'
mo, SIR"
MIR. McCaskey was recalled on rebuff
tai. and was asked by Mr.. Howard,
"What did Martin say to YOU on the
train on the subject OF carrying 4 pack
age to Earnshaw2 {"
Martin said ho did not intend to
come until he had gotten the telegram
telling him to come. He said his attor-
ncy in New M%ariinsviIlc had read him
something al,yut the case from II paper,
aad he (MNrhn) had said the ID old
liar was irving to &c. him int6 trouble.
He sail he'd never carried n papcr to
him-but OF course nc knew that"
This concluded the testimony. and at
the afternoon session Mr.. N. D. Post
made the opening argument for the pro.
secution, followed BY Col. Arnett
for the deiensc. Mr.. Howard
closed Tor the state. Mr.. Post
made an able and logical argument. and
won many compliments. Col. Arnctt
worked hard to stem tho tide against
his client, and undertook to set up the
idea OF n conspiracy and Of outside
pressure for q conviction. lie dwelt on
tho idea, also, that politics had some
connection with the case. This attempt
to work upon tho feelings OF the jury
Mr.. Howard ably and effectively com.
bated in II Of the strongest speeches
he has made in the court.
The case was given to the jury about
half mast iour o'clork; with ,hn result