Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1899-05-21

ing at Benwood, he said, did it. Young
| Loring was discharged and upon his
affidavit a warrant was issued for
| Blaha.
Case of Harry Wise, represented by
Attorney F. w. Nesbitt.
! Deputy Jacksonville offense occur
red on the evening of the Sth of May.
1t consisted of throwing a stone at the
| car at Thirty-fifth and Eoff streets.
j Upon being arrested Wise remarked,
iii take an oath / never did it,
did what?" inquired the deputy.
Throw the stone replied the boy.
/ Conductor Westenhoff corroborated
this testimony as also did Motorman
! W. H. White and Marshal Law.
For the defense:
Harry Lotz-Witness was present
when Harry Wise was arrested. Did not
see defendant throw any stone. Stone
| couldn't have come from direction in
which Wise was standing. Nothing
was said about attacking car.
Edward Jones-Saw stone go over
| blacksmith shop at Thirty-fifth and
Eoff street. Wise was in front of the
building and couldn't have thrown
stone The boys were watching an OBJ
struction on the street car track.
At this point in the proceedings, l
o'clock, an adjournment was made I'M
til 2.
Upon reassembling, the defense put
three young boys on the stand, all of
whom testified that they did not see
Harry Wise throw the stone. The
Court concluded that the evidence sus-
tanned the charge, and after severely
reprimanding the boy, ordered him con-
fined to Jail for 80 days.
August Muley's case was next called.
| Muley is a barber, doing business at
the corner Of Jacob and Thirty-third
streets. In an adjoining room is a
printing establishment, where the I'll
Walk" badges were printed. Captain
Doyener appeared for Muley.
The prosecution examined a number
OF conductors and motormen, all of
whom testified to substantially the
same facts. Henry Westenhover. a
conductor, testified that Muley applied
a vile epithet one day while the car
was passing Fortieth street. He would
| drop his work, and rush to the door
and make threatening demonstrations.
1t was daily occurrence" On
/ discrimination, he testified that
deputy marshals rode on the car, but
/ he could not name one who had ever
heard the vile language.
! A. c. Walling, a motorman, gave
substantially the same evidence, but
stated that the threatening demonstra-
| tons were made nearly every time the
car passed.
Joshua Maloney, motorman, testified
! that the demonstrations were made by
! defendant On five or six trips out of
eight. Witness said Muley was care
| full TO make no remarks when mar
! shals were on the car. Witness is
now working on the Bridgeport line.
| Thomas Wylie, motorman, John c.
! Sigler, motorman, George w. Pember-
4 ton, motorman, John ]. Buckley, con-
! ductor, S. H. Young, motorman, A. T.
| Samsell, conductor, S. Shaw, motor
man, testified substantially the same as
| the preceding witnesses
| Capt. Dovener asked Shaw why he
didn't complain to the police or magis-
! trates, and he replied: Whats the
use of the police here, anyhow? If
| you'd complain to them, they'd arrest
| you. I'd have to take a chance that
| they didn't"
| f. E. Conrow, motorman, testified
| that Muley used a vile epithet while
there was lady passenger on the car.
1 The windows were open, but he closed
the door, so that the lady would not
| hear. Witness reported the facts and
had Muley ''pinehed" the same day.
Charles Oberman, saloonist, was the
first witness called for the defense. He
{
Nuley's barber shop He has been out
on the sidewalk when hundreds of cars
passed, and never heard the language
attributed to the defendant If Nuley
had used the language while he was on
the sidewalk he would have heard it,
He noticed a man lying down on the
seat, so that he could not have been
seen from Muley's shop, night OF two
before the arrest. Witness was in the
chair having his hair cut when the
three deputies made the arrest Muley
asked what he was wanted for, what
he had done. They told him he would
find out in the United States Court
Muley was not permitted to finish the
cutting of witness hair.
John Scarborough testified that he
was at Handlans crossing about May
18th. The conductor was running the
crossing. The motorman said to him,
Well watch that bald-headed barber
s of b. until we get him" Wit
ness passed Muley's shop often, and
never heard any abusive language 6i-
rected to notormen or conductors.
During the examination of Mr.. Scar
borough, Judge Jackson asked him
some questions for the purpose of
| learning what Muley's feeling in the
matter was. Witness replied that he
simply talked about the blacksheep
taking the places of the strikers, and
there twas nothing out of the way
Capt. Dovener asked him il it wasn't
true that 80 persons out of 100 talked
the same way, and witness replied in
the affirmative
This led to discussion between
Capt Dovener and Judge Jackson, dur
ing which Capt Dovener referred TO
the practical unanimity of sentiment
here favorable to the strikers He
said there had never been any neces-
sity in this city for the presence of
deputy United States marshais.