Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-02-03

| christ, Commissioner In Chancery
| of the Circuit Court ON the Hand
| writing ON the Notes.
| The proceedings in the preliminary
hearing of State VS.. w. ]. Colts on the
I charge of forgery and uttering false
| paper were begun in Justice Rogers
] court yesterday afternoon. There is
no little interest manifested in the
case and yesterday afternoon the of
! fee was crowded with witnesses and
i spectators. The complainant in the
case is Andrew X. Haberfeld, ad-
| ministrator of the estate of the late
! John G. Haberield. The criminal pro-
ceedings yesterday grew out of a civil
action. brought by the same party
against Mr.. Colts for the recovery of
| 5000 on note made July q. 1899, by
| the defendant to the deceased John G..
! Haberfleld, j. P. A Judgment was
rendered by Justice Rogers against
/ Mr. Colts for the full amount in the
b civil action. Mr.. Dryden in arguing
! for a new trial, last Thursday, several
| DAYS later, filed note dated July ~,
| 1899, signed by Mr. Colts to the de-
| ceased John G. Haberfeld, and in
dorsed by John G. Haberleld, was in
| troduced as exhibit A, in the new tes-
+! timony. Then it was that Mr.. Robin
son, for the administrator, produced
/! note found by Cashier Dalzell, of the
| City bank, deposited there by John G..
| Haberfeld. This note was not deliv-
cred to the estate until last Wednesday
/ afternoon. The forgery and uttering
! false paper charge was then made
against Mr.. Colts. At the hearing yes
! terday the State was represented by
Prosecuting Attorney Meyer and At
torney w. P Robinson. Col. w. w.
Arnett and Messrs. Dryden and Schuck
appeared as counsel for the defense.
| The following witnesses were call
ed for the State: James Creighton, D.
q. Phillips, ]. P, Mrs. Amanda Holmes,
Howard Clark, William Woodruff,
Henry Stoehr, Commissioner r. E.
Gilchrist, Max Srolowitz, J. P, An
drew K Haberfield, Henry X. List,
John Williams, Robert C. Dalzell, w.
P. Robinson and Richard Robinson,
county clerk.
Robert C. Dalzell, cashier of the City
Bank of Wheeling, was the first wit
ness called Witness knew Justice
Haberfield before his death. When
asked to identify the note which is
alleged by the prosecution to be the
only one ever made by Mr.. Colts to
Justice Haberfeld, witness said il
was one of two notes he had taken
from small envelope left at the bank
for safe keeping by Justice Haber-
field before his death. A large enve-
lope in the vault supposed to contain
all the papers in the safe deposit box
of the late John G. Haberfield had
1 USen IuIHSu OFtl W uilS Sotdlc uiiCCC-
ly after the demise The smaller en-
velope, with John G. Haberfeld writ
ten on the back, was only found about
five days ago and the estate acquaint-
ed of the fact. Nothing was brought
out in the cross examination.
Attorney w. P. Robinson was put on
the stand to identify the note filed by
Mr.. Colts during the arguments
Thursday to set aside the judgment
of the court. Mr.. Dryden made an OBJ
| lection to receiving the note as evil
dence. He read the charge set forth
in the warrant to the effect that the
defendant did forge, on the back of the
note, the name of John G. Haberfield.
Mr.. Dryden stated that the name on
the back of the alleged forged note
was John G. Haberfield and could not
be admitted. After argument the OBJ
lection was overruled by the court.
Mr. Dryden took an exception.
Mr.. Robinson then testified to
Thursdays argument in civil suit. He
said that after Mr.. Colts fled the note
as exhibit A he asked defendant if he
had given but one note to Mr.. Colts
on July 81, 1899, and he answered
yes.
Administrator A. K. Haberfield on
the stand reviewed the evidence given
by him in the civil action. The only
! new evidence of Importance drawn
out was that before the civil
action Mr.. Colts had told him
a woman living somewhere on
the South Side had the note,
and referred him to Constable James
Creighton to secure the woman's iden-
tity. Mr.. Meyer then presented the
original note found in the bank for
Identification. objection by Mr.. Dry
den; overruled; exception taken by Mr..
Dryden.) Note was identified by wit
ness. Witness stated, after inspection,
that neither of the signatures on ex-