Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1896-04-08
UNITED STATES COURT.
A Typical Scene During the Trial Of
aR8Venue Case.


but Still the Defendant Was Ac-
Quilted by the Jury-Other Gases
Disposed Of Yesterday.
In the United States Court, Judge
Jackson. yesterday, in the case Of the
United States V. Joseph N. Freeland'
indicted for a violation of the internal
revenue laws, the jury failed to agree
and defendant was recognized to the
next term.
In the case Of the United States v.
George Palladium. charged with coun-
terfeiting, a copy Of the Indictment
was sent to Ohio, where it is hoped the
defendant is under arrest.
In the case Of Robert Kendall, sent
to jail twenty days ago, for intimidating
and interfering with witnesses, defend
ant was recognized to appear at the
next term of Court at Clarksburg, to
answer any indictment which might
be found against him.
In the case Of the United States ".
L. j. Nut,er, charged with a violation Of
the internal revenue laws, there was a
trial TO a jury and a verdict Of not
guilty
The witness for the government in
this case was James Hahen. and he af-
forded a good deal OF amusement for
everybody in the Court room. He was
young man. between nineteen and
twenty, and had all the self-pOssession
and assurance absolutely necessary to
getting along in this world under or
binary circumstances. Counsel for the
defense was C.. W. Atkinson, and after
the direct examination by Assistant
District Attorney Walker, during which
witness deposed that he had pur-
chased a pint of whisky from defend
ant, who is a shoemaker near Fairmont,
something like this cross-eXamination
occurred:
Q.-What did you want with that
whisky? Al wanted to drink it;
what do You suppose I wanted it for?
Q.-When did you drink it? Al
drank part of it that night.
Odd YOU set drunk? A.-No.
Q.-Were you full? A.-No.
GLOW much does it take to make
you drunk? A.-Well, about pint and
a half.
Q. lBy the CourD-How old are you?
A.-Nineteen; will be twenty the 9TH
of October.
Q. CBy Atkinson)-Are you drunk
now? Al should say not.
o. thought that may be young
man who can drink a pint and a half of
whisky might be drunk now? A.
You drink enough to make you drunk,
and you'll know.
Witness went on to state that he had
an understanding with defendant by
which he was to get whisky and have it
generally understood that the money
paid therefor was to be credited to a
more or less mythical pair Of boots.
@. (By AtkinsOn)-Do you work? A.
Yes.
Q.-What at? A.-Grubbing.
Q.-What is that for? A.-Clearing
off a piece of ground. No grubbing, no
corn.
Q.-And that is what you have been
doing? Ayes; you have to work in
the country.
Q.-Does your conscience trouble you?
A.-No.
Q.-Have you a conscience? A.-Do
you think I'm fool?
Ono; but l think there is some
thing else the matter with you. A
We'll What is it?
The Court here admonished counsel
and witness not TO get into a contro-
yersy.
Q.-And you have conscience? A.
Yes
Q.-But not much of one? Al
believe, Judge, 1 don't have to answer
that.
Q.-Was not your father witness
against Mr.. Nutter's son? Al don't
know anything about it; I'm not run
ming my father.
Q.-You don't know anything about
il? A-No.
Q.-Nothing about it? A.-No; if I
did, I've forgotten it; it was nothing to
me. anyhow.
Glow much did you pay for the
liquor? Al don't know. but it was
between a quarter and half a dollar.
Q.-FiX it. Al can't; don't want
to tell a lie about it.
Q.-You wouldn't do that? A.-No,
I wouldn't.
Q.-You are a good friend of this
man? Ayes.
Defendant was called to the stand and
told his side of the story, during which
he explained about the boot contract,
and attempted to give the witness a
reputation for dishonesty by charging
that he stole an oar. a lot of bean poles
from a woman, and gray horse. Il
was also the opinion of defendant that
the witness was in a conspiracy against
him, and that someone was willing TO
pay as high as $50 to nave him con-
victed. He never knew the prosecut-
ing witness to do a days work in his
life Defendant denied that he sold
whisky TO the witness or any one else
recently. but admitted that he had sold
some about the outbreak of the war.
Then the prosecuting witness was re-
called
Q. (By Atkinson)-Is it true that you
never work? A.-No; look at my
hands
Q.-Let's see those hands. CWiness
showed Jhem)
Mr. Walker Ito AtkinsOn)-Oh he's
got what YOU and I haven't.
Atkinson (sull examining hands,
You've got no corns on your hands.
Mr. Walker-The trouble is you