Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-03-16

He rode up 90 my place on horseback
and said his wife was sick and he could
not come.
O-Where is w. J. Pruden9 Al
think he is TO Wstzel county. The last
heard Of him be was at or near Little
ton.
Q.-What have you done to have him
here as q witness, other than have q
subpoena issued? A.-Nothing 1 gave
no directions TO the Sheriff Of Wetzel,
and didn't tell him where he was. I
made no effort TO determine where be
was, and gave no advicsto the Sheriff.
Q-WhHt do you expect TO prove by
him? I expect 20 prove 0y him that the
orders were issued 60 him for work done
by him.
O-These orders? Ayes.
Q-The orders you are charged with
uttering? A-Yes.
Q.-That they we're issued on the date
on the orders? A.-Yes, that the orders
had been issued 20 him.
Q-But not the orders We have here
of this date? Al couldn't say as 20
thai.
Q-On what do you base your eXpec-
tation? A.-What I know from reports,
advertisements, etc. know Mr.. Pru-
den did some work.
O.-And 90 the strength Of that you
expect 90 prove that the orders were
issued on thai day? A.-Yes.
Q-Didn't you know that il the or
ders were issued you could prove 1t by
II. R. Thompson, the County Clerk Of
W8JZel county? Al didn't know.
Q-Were You not a member Of tbs
County Court Of We-Zel county? A
Yes
O.-Dldn't you know that If orders
were issued on that date, ii. r. ThomD-
son would know &C.? Ale ought TO.
Q-DO you know that he is here
now? A.-nO.
Nr. Howard-Mr. Thompson, will
you sep this way?
Clerk Thompson appeared at the
side OF the Prosecuting Attorney.
Q-DO you know be is here noW2
A.-Tes.
Q.-And don't you know you can
prove it by him, If the orders were
issued? Ale ought 20 know 10.
Q-WhO is the witness you don't
mention, by whom you expect to prove
where the blanks Oh which the orders
were written came from? lObjectiOn.
Question Withdrawn, 10 be put differ
entity. The Court asked III the witness
had seen Pruden, or had conVersed with
him, and the witness said no..
O.-What is the name OF the witness
by whom you expect 90 prove where
the alleged forged orders came from?
objection, Col Arnett saying IL was
not fair 20 The witness 20 have him dis
close his case Ia an application for
continuance.
The C0urt-The question is proper.
Exception.
Al Z. Martin is the name.
Q.-Y0u mean Martin, your son-in-
Iaw2 A.-Ies.
Q.-To whom you were talking yes
terday? A.-Yes,
Ole knows where the forged
orders came from? Al expect TO
prove 10.
Q.-What do you base your expecta-
t.ons on? Something he told you?
A.-Yes. objection, Col. Arnett say
ing the Court ought TO consider that
Martin had been himself arrested and
discharged.
Q-Is 10 true that not one OF the wit
nesscs named in your affidavit knows
anything about the charge Of your at
tempting 90 utter the papers In this
city? Al think / could prove by
some of those witnesses something per
tinent in the case.
Q.-Isn't it true that you don't expect
60 prove anything material TO the charge
OF utter.ng forged orders In Wheeling?
Al think, concerning that, the evil
dence would be material
O.-WhOse? Al can't tell exactly.
7 am inclined 20 the opinion that / could
produce evidence from the witnesses
which would be material.
Q-What do you expect to prove by
the witnesses? Al can hardly tell
I can't tell
Q.-Have YOU talked with any OF
them? A.-Nes.
O-Who? A.-With Martin.
with any other one? A.-Not
particularly.
Q-What do you mean by 'particu-
larIv2" with what ones have you
talked? A.-With Yost and Martin.
Q.-What do you expect Martin to
saw? A.-Weu, I expect TO prove by
Martin that I did not forge the orders;
also by NOst and
O-You don't expect TO prove by
them whether you uttered them or not,
do you2 A.-Ies.
O.-You don't know any fact within
their knowledge on that point, do you?
Q.-Do understand you 10 ask me
whether they knew uttered the forged
orders?
Q.-WouId they know anything about
go? A.-Nes.
O.-What? Al expect to prove by
them that did not forge the orders.
O.-Do any Of these witnesses know
who forged the orders? Al can't say.
O.-Why can't you tell? Al don't
think 7 am supposed 20 know. l know
what they tell me.
O.-Weu, kindly tell the Court what
TO is they say and tell you. Take Mar
tin first. What does be say and tell you?
TObiection, Col Aruett saying that re-
0uired the defendant 20 state ia advance
au his theory of defense. Earnshaw
didn't expect 10 prove that be didn't
attempt 90 pass orders, but to say where
be got them, and that he had no knowl-
edge that they were forged. II the de-
faudant had 90 so on as indicated,
there would be very little use to have a
foture trial. The Court held that the
question was 8 proper one.
Q.-Now, Mr. EarnshaW, You said
Won knew what Martin said and told
YOU, and you think be would be ma
torial9 A.-Nes.
O-Now. tell the Court what it was
he said. aud what 10 was he told you,
about what his testimony would be.