The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-11-17
.PARDON.FOR
BILL Colts
is DENIED.
By the State Pardon Board, Which
Gives a Lengthy Review of
the Forgery Case.
mr.. Colts IS DISAPPOINTED
And is Said to Have Built Up Hopes
That he Would Be Pardoned
by the Governor.

The state pardon board. Messrs. P.
W. Morris and W. W. Brannon, was in
session yesterday at the state prison,
in Moundsville. and look up number
OF applications for pardon recommen-
dattons to the governor, among others
that of w. ]. Colts, Of Wheeling, re-
Gently convicted for forging the name
OF his dead friend. John G. Haberfleld.
The board, after a thorough review Of
the case, .and hearing arguments for. the
convicted man by Colonel Arnett and
Attorney, j. Howard Holt, and for the
state by Prosecuting Attorney Meyer
and Attorney Boyce. came to the con-
clusion that i pardon should not be rec
commended for Colts. The boards ac-
ton in the matter Is given in full, as
stated at Its session last night by Mr..
( Morris: ~
"C6tts WAS convicted in the circuit
court OF Marshall county on the 5th day
OF July. 1900 of forgery and shortly at
forwards, was sentenced to three years
confinement In the penitentiary. He has
never been committed to the penitan-
tiary,and Is. now confined In the jail OF
Marshall county, on stay of sentence in
his case, pending on writ OF error In the
supreme court Of West Virginia.
it"rhis IL one OF the most trying and
difficult cases TINT this board has ever
been called upon to decide. Volumi-
nous papers have been presented to
the board and the case has been urged
at length. both on the side of the appli..
cant and on the side Of the state. Nu-
n cyr No. It,1 att
liens have been presented and mem
beers Of the family of the convicted man
have appeared before the board and in
sisted on his pardon.
The innocence OF Mr.. Colts Is large
~ relied upon by those pressing on his
behalf for Recommendation for pardon
and the records OF the circuit court of
Marshall county have been presented TO
the board and 1t Is earnestly urged that
| the. said court erred In entering judy
ment against him and sentencing him
to confinement in the penitentiary.
"On the question of the innocence OF
Mr.. Colts this board has been practic-
ally asked to reverse the circuit court
of Marshall county. The main question
\ then for us to consider Is whether we
wnn,d be justified in doing this. The
defendant appears to have had fair
trial, so far as We can discern, and his
MOTION TO sci aside the verdict of the
jury and grant him a new trial was
passed upon by conscientious, able
and impartial judge. Itseenls to be the
view, of the attorneys of Colts, this be-
ing case OF forgery, that proof OF
handwriting and comparison of the
same Is the main element In the case.
When we come to consider all the evil
dence that was offered before the jury
on the trial. we are compelled to take
the View that the verdict OF the jury
was warranted by all that TRANSFERRED In
the trial of the case. We cannot see
that II We had been on the jury our
selves that we could have returned a
different verdict from what 1t did
1T seems TO US that the attempted
explanation made on behalf, of the de-
j PENDANT OF being in possession OF the
paper that was charged to be forged,
was such q one as cannot be received
with any weight. In fact. 1t is noe a
reasonable or rational explanation, but
suoh i one as would 70 far In convinc-
Ing q jury that Colts was guilty. But
be ali this as 1t may. the jury and the
| judge before whom the prisoner was
tried. were in a better position to Judge
OF all these matters than we now are. IT
Is only In the rarest cases when there is
| SiioI anu NHelt We CUll-
WINGED that the Jury is manifestly
wrong, that on mere showing of the
! record, we would seek to disturb It's
verdict and judgment of the court on
the case. This Is not one of the cases
which from II mere showing of the re-
cord we could disturb.
However. this case has numerous
other branches. What may be said to
1 be the most prominent of these Is along
the line that was used in the defense OF
Colts The affidavit of ], C. Hnrron to
the effect that he obtained the paper al-
legged TO be forged by Cots from n dis
reputable woman and sold and trans
ferred 1t to Colts, Is filed. To support
this James L. Hawley and W. W. Ar
nett. the latter the attorney for Colts.
filed their atlidavits to the effect that
while he, the said Colts. was negotIa-
ting for the purchase Of the note alleg-
ed to be forged from Harron. he con-
suited them about the advisubllity of
buying the same. Mr.. Colts filed his
own affidavit. explaining why this evil
dence was not used on the trial in his
case. We do not see how these atfidav-
It's materially, strengthen the case OF
Mr.. Colts. and II the statements in
them had been offered 10 the jury as
evidence. that body would have been
justified In disregardng them. They
are only along the line Of the unreas-
enable explanation before referred to.
Harron seems to be somewhat shad-
owy person, and It Ia said that he Is n
confirmed user of stimuants. or what
| Is known as morphine fend. At any
rate, nothing has been shown this
| board as to his credibility. AS regards
the affidavit of Mr.. Hnwley and Mr.. Ar
mott. X Mr.. Colts had been contemplate
ing the crime which he afterwurd ap-
pears to have carried out. he could
very easily have had the conversation
with these two gentlemen.
THE paper Mr.. Colts Is charged with
forging was note Of 5000 to one Squire
Haberileld. Ilnbertleld at the time
Colts first exhibited the paper, was
dead. One OF the branches of this case
Ia an attempt to impcach the evidence
of one OF the witnesses who swore that
!the signature to, the note .of 5000 WAS
not that. OF HNberncld. Afndavlts nrc
filed to the effect that this witness
made statements previous to the trial
OF the 'aase about tho signature differ
ent from those made on the witness
stand. The state might lave dispensed
Will Nlls witness and the jury still
have been warranted In convicting
Colts. under the lame explanation he
mtde as"to how he acquired the paper
In controversy.
again numerous afIidnvits nre filed,
attempting. to show. misconduct on the
part OF the Jury which tried Colts. Now,
this matter MS well ns all to which ref
crence has been made above, was sub
mittcd to the Judge of the court before
: which Colts was tried on tho motion to
set aside the verdict OF the jury and
grant him new trial and was acted
upon by that Judge, We hold that he
was In n much better position to pass
on all these matters than we arc. II
this board had TO recommend the par