The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-07-03

of the circumstances connected with tiny
loan. Had received Of Mr.. Hahertiald
s195, but had given him q note for 5000
which was dated July eth, and was
wriren upon i piece OF legal cap paper.
He afterwards discovered that he had
made a mistake, in maRing out the note.
as he had drawn 1t with interest from
date" and then took u blank form and
made out another note for $500. leaving
out the words,"with interest from date"
and gave 1t TO Mr.. Hnbertield and asked
for the other note, but Haberf1eld said
he didn't have It With him, but he
would destroy 1t. Had given the alleged
forged note to correct the first note, as
he had never borrowed but $500. Hud
told Mr.. Haberneld later that he wish
ed to settle their business. but Mr.. Hab-
erfeld said, III be down town In i few
days and we will settle" Had gone to
see him another time, but he said he
didn't know where the note was. Asked
Haberiield !if the note vast the bank.
and he replied that 1t wasn't. He had
gone to the Haberflell house the day
after the squlre's funeral and had seen
Mrs. Joseph Haberiell and told her
that he wanted to pay the note. Had
told everybody he wanted TO pay, for.
he never denied owing the money. Had
II his note was there, but could not find
1t. The !peopla In the banks had never
heard oftthc note. Had advized the i'd
mlnistrator to advertise for the note.
Shortly after that he Was approached
on the street by n man who asked II he
wasn't w. j. Colts and stated that h.
had a note of his. Witness Identified
the letter he had written to a. *. Hnb-
erfiell. In which he had asked him to
call at his (Cotts) home, and had seen
Haberfeld on the street and told him
to call and seo him and arrangc for
paying the note and for giving an In
Identifying bond. and had asked Colts
to have Dryden draw up thu bond.
he offered to Pay.
Witness told OF what had taken place
In Drydan's Office. about Offering the
money and wanting the two Hub"r-
field boys to sign the bond, but they
refused. Spoke of the bond being re-
turned to them (witness and Dryden)
unsigned. and had then offered to pay
Mr.. Haberfeld, but he walked off and
did not take the money. Spoke Of Dry
den, cutting out the words with inter-
est from date" from the bond. Was
sued before Justice Rogers on 4 note
dated July 81, 1899, and had refused to
note or that kind. Told of showing the
signature Of John G. Haberfeil to
james Creighton, who had said he
would swear that 1t was not Haber-
fields signature. but when shown the
contents of the paper. and sealing his
own name on 1t. acknowledged it to be
genuine, Spoke OF Mr.. Dryden showing
the alleged forged note to Habarfieid
Was asked by Squire Rogers why he
hadn't offered the note In evidence and
settled the matter, and had replied that
his attorney Ind advised him not to do
so. Had met the party holding the
alleged forged note several times. but
had put him OFF. as he wanted to get
the indemnifying bond from the Hab-
erflelds and pay them and then let tn?
other parties have the trouble about the
two notes. The owner of the alleged
forged note would not glva his name,
nor would he take 4 check in payment
Of the note. but insisted that he must
have currency. Mr.. Arnett had ad-
vised the witness to pay the note as he
could not escape payment OF 1t. At the
time Mr.. Robinson did not permit any
one-to see the note found In the bank.
II witness hid been permitted to see it
he could have explained 1t. Wftie=s
had never thought but what Mr.. Hab-
eriie!d had destroyed thertirst note.
On cross examination by Mr.. Boyca,
the witness wac asked when he gave
the notes and cancelled the revenuu
stamps. He replied that the first was
given the eth day of July, 1889, at
ond was given the next day and the
stamps were cancelled with the date
"7-27-99." Asked IL the date on the
stamps wasn't .1-27-'99," witness said
no. but refused to use j small magnify
ing glass TO look 1T the Cancelled
stamps. When asked why he hadn't
had Mr.. Haberiicl1 scratch out the
words with interest, &c. instead of
giving new note. replied that he could
but Mr. Haheriield didn't have the note
when he called. Witness had toll Mr..
Dayden and the Hnberficld boys that 1t
had been intmatcd to him that i mar
rled woman in Center Wheeling had 1t,
and he insisted upon receiving the In
aemnifying bond before paying the
Habcrtields. Told of his meetings with
the stranger who had the note, and of
going to Colonel Arnett for advice In
regard to paying. The witness told OF
the stranger calling at his house on sew
eral occasions. and said he had told his
daughter to get the mans name, and
toid her that 4 man who refused to give
ms name was not an honorable man.
Had paid the stranger $50 for ;hp note
When asked how he came to nay si5O
Tor the note when he had only offered
the administrator of j. G. Habarfald
MIG. witness said he didn't then owe thu
estate anything, but the stranger held
his note. and that the Hah2rarld estate
owed him and does yet owe him ssi.
(. Court adjourned TIL I O'Clock u, m,
AT the night session the following
character Witnesses, most of them
Wheeling business men, testified. En-
Postmaster NJ. J. O'Kane. Martin
Thornton. S. G. Smith. c. % Thomp-
son: Albert Schenk, Jerry O'BrIen. Geo.
y. stiIel, orlof Zane. William Elling-
nam, Harry Hillman and George W.
hckhhi. Ihey testified that the reru-
.aioh or Colts FOR honesty. integrity.
truth ana vcracity was not good.
Messfs. schenk. Zane, Dillingham; and
i1,ilhlah testified That they would not
beilefe Cots on oath. On cross-cXam-
nation all admitted that they were not
Eoon friends of Colts, and had had 1T
him. 1li = 80 go.
( C. W. Wel,y testified that Colts
character was good, and on cross x-
animation 1t WIS brought out that
Colts had paid Welty long standing
pill' which he had deSpalrcd of ever get
ting. ..l 4 - =, : = -
Court adjourned until this morning,
more testimony'is vet to come.
'-~--s--
M BY Your provisions to-day. All gro
Gerry stores will bh closed nil DIV \Srnd