The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-11-19
FIRST IS GUILTY.
John Arthur Found Guilty of Liz.
uor Law Violation.
lie WAS THE FIRST OF THE 81"
Who Figured In the Recent PlsAin AbAts-
msnt Cussa to be Tried on the Charge,
Attorney Above fora New TFlAl-Mai-
srTaksn undsr AdVissmsnl by JudEs
Hngus-ATihuy's Attorneys Nader no De.
Isn,s Yesterday.

Yesterday afternoon, in the criminal
court of Ohio county, Judge Hugus, the
trial of the FIRST OF the "sixty-seyen,"
who were recently placed on fame's roll
through the abatement cases, came TO
its conclusion and the result is John
Arthur. the Mccolloch street ~saloonist,
is found guilty OF selling whisky oil
what has become popularity known as
the short" license.
The trial began yesterday morning
before a jury composed of Messrs,
James White, w, G, Jones, G. II. Wheel
er, II. j. Mendel, John McCrum, w. @.
Hanes, James h, Hanes, j. W. Reir, II.
M. Carlin. William Hervey, George
Hawkins and Charles Herwig.
The first witnesses were Ed. Bender
and Thomas Clark, the latter coloTed,
whose testimony didn't amount TO
much from the states point of view,
They were not certain that they had
bought whisky at Arthur's place, The
next, however, George Soruey, testified
to having purchased whisky after May
l, 1897, before which Mr.. Arthur had the
$3.50 state license which gives him the
right to sell spirituous liquors, and az
ter which he did business on the 500
state license, which allows only the
sale OF ales, wines, beer, etc. An effort
was made TO have the witness admit
that he was employed by the state as a
Spy" but he denied this allegation.
The defendant, John Arthur. testified
next. He was handed three licenses, a
city license, a full state license, which
expired last May, and a short" license,
After a great deal OF w~rangllna these
were admitted as evidence,
Deputy Sheriff John Kindelberger
testified to the manner In which the
state licenses are issued,
At the afternoon session OF court, ar
guments we're opened by Mr.. Nesbitt,
for the state. The defendant. he said,
was charged with wlltuliy selling splr-
ituous liquors on the short" license,
The testimony OF George Sorgey was
reviewed. Before the first Of last
May, the defendant had a full state
license and could lawfully sell whisky,
but after that time he could not sell
spirituous liquors lawfully. Mr.. Nesbitt
then proceeded to quote from the stat
ults ItbuldtluB IN oaiS " - hhNSNlSeNsS
to show that Arthur had violated the
law of the state.
When the defense was called, MI.
Howard said they had nc argument to
submit.
After the jury had retired, Mr.. How
ard said he supposed q verdict OF guilty
would be brought In. He stated his de-
sire to have the other cases tried as
speedily as possible. but he expected to
be called to Tucker county for two
weeks and would therefore ask the
court to postpone the next trials until
his return. The state acceded to this
request, and the other cases against
John Arthur and that against Henry
Amlck were set for Monday, December
10, and the others will follow in success
sion in the osder they appear on the
docket.
The jury was out about fortyLfive
minutes and returned q verdict of
guilty. For the defense, Mr.. Howard
moved that the verdict he set asideSnd
q new trial granted. The Judge took
this matter under advisement, In the
event that the motion is o%verruled. the
defense will appeal TO the circuit court,
and TO the state supreme court OF ap-
peais, II necessary.