Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-04-13

10 r,o,,1d saw nothing about the matter
- you'd give him a present of 500 when
10 rat,,rned on the 18th from Pittsburg or
chtcogo Grandson replied that he did
,o+ make his living that way. Eaton re-
nIied IF you do say anything 1t VIII De
an off I don't get my insurance. lie
did not remember saying You can't al
WAYS tell. II may get out
Mr. Rovce then took the witness over
his testimony regarding the conversation,
in his direct examination. Eaton paid
hin, the $50 he owed him soon after ne
met him. That was on Saturday after the
fire. He paid S on the previous satur-
day. -. go.
III and spit. did it smoker
At did not
witness denied that he had ever told an
officer that he never saw the pear shaped
objects and would not have said any
thing about it but for Eaton's betrayal OF
himself. When Eaton lit his cigar from
the object in the stove, he did not take
it out.
About 4:9O o'clock the cross examination
ended and the State rested. The defense
had no evidence TO offer. Mr.. Sommer-
vile asked that the defendant be held in
bond sufficient to insure his presence here.
Mr.. Hilles desired to argue the matter.
The case was adjourned until 1850 O'CLOCK
The argument for the defense was MADE
by Attorney Hilles, of Chicago. lie re-
viewed the evidence Of the first witnesses
examined. passing to that of Grandson.
He said Grandson had said he tod all
he knew about the fire. and subsequently
told about the box containing the pear
shaped objects. Mr. Hilles said there was
but one reasonable conclusion, that Gran
olson was a liar He ridiculed the sketches
of witness because he could not write
his own name legib.y. He said Grandson
never saw such contrivances as he de-
scribed. and was actuated by the hope or
receiving a portion Of the reward odered.
If if were true that Eaton stopped down
to hide on the bridge, such an unusual oc-
currence would have made it possible to
bring a hundred witnesses here 10 prove
the fact. Yet the Chief of Police abso-
utely refused. and the grand jury then
I'm session refused to have anything to DO
with the case.
Mr.. sommerville-"Where did you get
that information.
Mr.. Hilles-'I make that statement ana
I stand by ii. You may AK to have Il
luled out II you wish.
Continuing. Mr.. Hiles $ylted that the
State had failed TO make out a case. He
asked If it would not be more wise for
Eaton to come to Wheeling at night 20
set off his Internal machines. He said 1t
might appear strange that the defense did
not put Eaton on the stand. II was not
done because it was not necessary, as the
State had utterly failed 10 make out 1t
case Mr.. Hlles made rhetorical appeal
in concluding his argument
City Solicitor Nesbltt followed for the
State He replied to Mr.. Hilles' statement
that he saw no evidence of intent TO
defraud the insurance companies as chare-
ed in the warrant. Eaton came to Wheel
ing and opened a manufacturers agency.
He put stress upon the fact that Eaton
was willing TO take the building for ono
month. and to remove upon ten days no.
tice He then called on the insurance
companies, misrepresented to them the
amount Of insurance he had secured, and
when pursued by the underwriters. piled
falsehood upon falsehoOd. The evidence
showed that the value of goods was not
more than $500 Why did he purchase
empty boxes from the Hub. when he was
agent for manufacturers who should GER
tainly have boxes to shin their goods?
Why were those boxes stocked in such a
suspicious manner, in front Of the win
dows? Do not all those things show an
intent to do something wrong? If not,
why did he do such things?
Eaton was probably in Pittsburg Tues
day and Wednesday nights, but he was
not there AT one o'clock in the afternoon.
Mr.. Nesbitt said it was not the province
of the examining court to determine the
guilt or innocense. but merely TO establish
probable cause
Mr.. Boyce followed for the defense. He
admitted the correctness of Mr.. Nesbitt's
position as to probable cause. and defined
probable cause" as sufficient array of
facts to justify a further investigation
which might convict. He called atten-
zion to the significant feature attending
the fire, that a grand jury sat in the in
term, that the papers have published
stories about it. that the fire was generally
talked Of, that the police department de-
clined to have anything to do with the
matter, Notwithstanding the defendant
came back to Wheeling and remained here
terF days. 1t remained for the West Vir-
gina Secret Service Bureau to proceed
against the defendant He proposed to
show that it would be impossible TO con-
Wet Eaton. in which event the Justice
should discharge him. He said Mr.. r. IT.
McNichoIs zeal was easily explained by
the reward offered by the insurance
agencies. Th%3 was evidence or a dan
Ferous character lie mentioned the case
Of two men now serving terms in the
State prison whose convictions were
brought about by the large reward offered.
and whom most people believe to have
been innocent
Reviewing ;he testimony, !1r BOyce at
tempted to break down the evidence that
Eaton was in the city on Wednesday be-
fore the fire. OF the four witnesses, Char
mock failed to identify the defendant; Al
bert Rice was certain IL was Eaton. but
was unable to tell how ne was dressed:
Mr. List saw the man from the bank
building. and thought the man was not
the defendant: and Mr. Albeit Grandson
was telling an untruth out Of the whole
cloth. He argued the improbability of
Eaton placing himself in the power Of
Grandson. and went into detail concern
irg some of the alleged contradictions in
Grandisons testimony. His speech was
devoted almost entirely to an effort to
show that Grandson has committed per-
jury.
Mr. Sommervlre closed. He stated that
it required a great deal Of courage for
counsel for the defense to undertake TO
show there is not probable cause. 1t was
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