Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-04

- N-1tc1& ~ 1>14<-4 - -
hours. and each attorney should have
one and q half hours
The opening address to the jury was
fmadesby Prosecuting Attorney Meyer.
He thanked the Jury for its careful at
tention during the long and tedious
trial. He then spoke of the charge
against the defendant, and said that Il
the jury was convinced beyond all
reasonable doubt that the defendant
was guilty as charged, then they should
bring in O verdict in accordance with
ftheir conviction. He outlined the case
as 1t had been presented to the jury.
He called the jury's attention 70 the
evidence that had been produced, and
especially the members OF the Haber-
field family who had said that the al
legged forged signature was not gem
| uine. He spoke at length OF the evid-
ence of Mr.. Hammond. the expert on
penmanship, and repeated TO the jury
the evidence which he gave, and COM
pared it with the evidence given by
Prof. Frasher and Mr.. Faulkner, for
Ine defense.
| He emphasized the act that the de-
| PENDANT did not have Bertrand or
Maize Taylor summoned on this case,
ant did not have deposition from
| Mrs. Alehrist, who had seen the
stranger supposed to be Bertrand.
Mr.. Meyers address was masterful
summing up OF the facts brought out
by the States witnesses.
| Mr.. Dryden began by speaking of
| the patience of the jury. He also re-
minded them that the fact of a
change of venue should not bias them
| in their opinions. He reminded them
| that the law presumes that all men
are innocent until they are proven
guilty, and reminded them that if they
| were not convinced beyond all reason
able doubt that the defendant was
| guilty that the verdict must be not
| guilty. He then spoke of the conflict
in the statements of the immortal"
Jim Creighton and w. p. Robinson re-
garding the presence of Mr.. Colts
| daughters at the civil suit. He also
referred to the difference of opinions
| between Mrs A. X Haberfield and T.
| n. Hammond about the formation of
| letters in the different signatures. He
recalled the fact that eight persons
SAID that A. X. Haberfeld had sworn
| that the signature on the note was his
| fathers. He also referred to the evid-
ence of Mr.. Hammond and Mr.. Frasher
and Mr.. Faulkner, and insisted that
the evidence for the defence was quite
| as strong as that of the State. Mr.
Dryden's speech was listened to with
close attention by the jury.
AT the evening session Col. Arnett
| addressed the jury. He reminded them
| that it was the eve of July 4, the ami
versary of American liberty, and asked
them to remember that fact before
| they rendered verdict depriving a
| fellow man of liberty. The defendant
should have the benefit of all doubt or
presumption.
| He referred TO the men who had
| testified against Mr.. Colts character,
and said that it had been shown that
every one who did so had had trouble
| with him. He said the woman who
was said to possess the note was not
at the trial because she could not be
found. They had issued a rule for her
but she was out of the State.
| The ColonePs address was consider
| ed TO be very strong, and evidently
made an impression on the Jurors.
Mr.. Boyce was the last attorney for
the State. He reviewed the evidence
given throughout the trial. He put spe-
cial stress upon the evidence OF Mr.. T.
| H. Hammond, the expert on handwrit-
ing, and insisted that particular atten-
ton should be paid to it in so much as
he had carefully studied the signatures
for some time before giving his opinion
on the signatures.
After Mr.. Boyce had concluded, the
instructions were given to the jurors
and they retired to the jury room.
The jury on the case were out until
midnight, when they came in and could
not agree upon a verdict. The judge
decided that they could not render a
leagl verdict upon a holiday. The jury
will be left in charge OF the sheriff UNI
| til nine O'Clock tomorrow morning
when court will reassemble.