The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-06-23

"Guity as charged In the indlct-
ment" This was the verdict rendered
by the jury at $50 o'clock yesterday az
ternoon In the Eaton case. after being
out only half an hour.
The prisoner, william Eaton, accept
"a the verdict rather stolidly. though he
vas a tribe paler than usual. and the
only signs he gave forth of his feelings,
were the nervous workings OF his eoun-
tenance The customary motion for
new trial was moved by Colonel Ar
nett. Judge Hugus set the first day OF
the next term OF court aside for the ar
guments on the motion.
The defense. 1t Is anticipated. win
make strong fight. and as Eaton has
lots OF backing. the case may be carried
to the state supreme court OF appeals.
The verdict was not surprise to
those familiar with the proceedings
which resulted in yesterdays verdict.
Since the fire at the Turner building
last February. public opinion has CEN
tered on Eaton as the culpTit. and the
web OF circumsiantial evidence woven
ABOUT him at the preliminary hearing
before Squire Fitzpatrick. and In the
trial which eliminated yesterday, re-
fleets great credit upon Captain r. I.
McNichol and "WaIly" Lukens, OF the
West Virginia Secret Service.
The case was well conducted by coun-
sci both for the state and defense. and
was free from any OF the Tits that
Characterize important trials.
Tho FNanu1fV E1fnn's crime In
West Virginia is from three to ten
years Had there been anyone living
In the building at the time OF the fire,
the charge would have been arson.
which Is punishable by hanging. hence
the Indictment against Eaton charges
him with burning goods and ChattelS,
with intent to deiraud.
The ArEumsnIsCOntinasd.
The counsel for the defense made
their arguments In the forenoon. Mr..
sam o. Boyee spoke first and was fol-
lowed by Col Arnett. The morning ses-
sion listed from 10 1870 o'clock. The
court room was filled all day and the
spectators took decided interest in the
arguments Eaton sat beside Col. Ar
nett and seldom raised his head. His
face slightly flushed once during Mr..
Howard'S address.
Mr.. Boyce made splendid defense for
the prisoner. He said the state had
failed to bring convincing evidence of
Eaion's guilt and the prisoners connec-
don with the fire was not proved as
charged in the indictment. Mr.. Boyce
spoke for over an hour
Col Arnctt spoke during the rest OF
the morning session. He dwelt upon
every phase Of the case. and ar
gued the defendants side OF the case
very earnestly. He maintained thai
EHton's goods were valuable; that Eaton
was TO sell the goods on commission.
He made an eloquent and strong plea
for the acquittal OF the prisoner, in tho
colonels best style, and the jurors fol-
lowed him intently through his argu-
ment
Mr. John A. Howard excelied himself
IN his address to the jury In the after
noon He delivered his address in his
Characteristic plain. f0rceful style, and
no;iceably impressed the jury. There
was the largest attendance In the after
noon al any time throughout the trial.
Mr. Howard preface5 his remarks by
reminding the jurors Of their duties and
OF what should be considered by them lp
the case Before them. He plainly stated
their limitations He then reviewed the
testimony submitted by the defense.
There were twelve witnesses besides
Eaton. but none had given any facts
bearing on the case. excepting possibly
Eaton Neither Capt Bennett. Lieut..
Ingram. Harrington. Mrs. nolan, Cuno-
van. Hull Reynolds Weisberg nor any
Of the witnesses had testified anything
thar had the slightest bearing upon the
real issue at stake.
There he'd been an lncendiary fire,
said Mr. Howard: nobody denies this.
The only man who had access TO the
building was Eaton; the only man who
had a motive 20 FIRE the building was
Eaton No man commits crime like
this without motive. and the man who
had the motive Is necessarily the guilty
man,
An the lndisputabl, evidence points
directly to the guilt OF Eaton. There
are many circumstances pointing TO
Eaton as the man: some VI the circum
stances which would be referred 10. said
Mr. Howard. had not been disputed by
the defense. nr counsel for the defense
First was Eaton's connection with
Schmitt the ex-convlct Eaton had per-
tured himself when he said he met
Schmitt accidentally in Wheeling: when
ne denied having connection with
Schmitt. This II in direct contrast TO
Mfr Johnson'S statement that Schmitt
applied 10 him for the building before
Eaton comes 20 Wheeling without So
curing the building. Schmitt leaves.
and shortly afierWard Eaton comes 10
town.
Mr.. Howari's Presentation.
sIr. Howard called attention to the
fact that Eaton rented a store too big
for him. and only needed one floor He
secured the insurance on goods that he
swore belonged 20 him: later In the trial
he BwOre they didn't belong 10 him.
He Insured goods that he had never
seen. He had no bill. no list. Of what
gOods were IN the boxes He had no ar
rangemeut how nc was to sell the goods;
what commission he was 10 get for sell
ing the goods He never opened the
goods until the Sunday before the fire.
He misrepresented the value Of the
goods to the insurance men. n a man
tries 10 get tremendous insurance for n
small, comparatively worthless assort-
ment Of goods, there Is an insurmount-
able Inference that he intends 20 benefit
by FIRE.
Eaton'5 manner Of Increasing his in
surancc: going from one agent 10 anoth-
eT, securing policies In two amounts from
che same company, Is suspicious with
The least said.
Eaton came to Wheeling from Chicago
with his Insurance forms made out. lie
had these forms made out before hn got
a dollars worth OF Insurance. and al the
end Of the forms was the clause other
Insurance permitted" said Mr., How
ard: Eaton came TO Wheeling not 10 do
buslnesg. but TO get Insured"
The defendant kept his store locked
during the day. He lncked the door AZ.
Ter he went into his store, situated 40 Il
was In n business district.
Eaton bought fOrty-hve empty boxes