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

The cross-examination of Mr.. Colts
was continued yesterday morning. He
advised A. X. Haberfeid to advertise
the lost note. He told the stranger that
the note was as good as gold. He
agreed to throw off fifty dollars SO as
not to expose the woman who had OBJ
tanned it. She was married woman,
and did not want her husband or chill
dren exposed. The man had threatened
to collect the note by lawif it was not
paid.
He again went over his evidence pre-
viously given regarding bis actions at
the civil suit before Rogers, but moth
ing new was brought out. He was Sc
verely cross-examined on the examin-
alton made by w. P. Robinson at the
motion made for rehearing, but moth
ing else was brought out.
He had told w. P. Robinson at the
civil suit that he had the note in his
and he did not owe the estate anything.
He again went over his conversation
with Jim Creighton, and his statements
agreed with the evidence already given
by John Williams, Squire Phillips and
others.
He had called on Squire Srolowitz and
the squire had said, Yes, I'll swear to
that signature. What is there in it?''
He had scornfully rejected the PROPOSE
ton and told the squire that a man
who would make such a propo4 ton
would sell himself for dime. This
signature was the endorsement on the
note he had obtained from the mysteri-
Gus stranger.
He had shown the note to Squire Rog-
ers before the squire had rendered judg-
ment, and he had said: Colts, why in
the hi didn't you present this note at
the trial, and it would have knocked
the bottom out of the id suit?" New
erIheless the squire had rendered judg-
ment against him because the note sued
for was a lost note alleged to have
been dated July n, 1899.
The strange man had told him that
the woman who had gotten the note
of Maud Smiths house of i'll fame. He
had heard it said that Haberfeid was
regular sucker" and went to see the
woman two or three times week.
He had not told the name of the wo-
man on Monday because he did not have
an opportunity to do so, as he had given
way to let the character witnesses for
the State testify before court adj
journed.
The witness charged Mr. Boyce with
having been the cause of the litigtion
between the city of Wheeling and him
self, and made lengthy statement re-
garding the trouble.
The court inquired if this had any
connection with the case. The defense
said no. Mr.. Colts said the State had
drawn him out and he had given it.
He next said that he thought the
strangers name was Enos A. Bertrand.
Mr.. Dryden had furnished description
of Bertrand, who is a brother of Maud
Smith The description tailed with
the description of the person who had
called at Colts house several times dur
ing the month of December, and also
of the stranger who negotiated the note.
Col. Arnett had gone to Maud Smith s
house and interviewed Ella Frazier,
who said the Taylor woman was in
Pennsylvania. He had not heard from
Ella Frazier or Maud Smith that Haber-
field had given the note to Maize Tay-
lor. He knew that Haberfield often
went over the creek and had been in
vited to go along on several occasions,
but always declined the invitation.
To Col. Arnett, he said that the rea-
son he believed the stranger who said
a woman over the creek had the note
was that he knew Habberf1eld, often
went over there and had frequently
boosted of his actions over there. Dry
den had said it was Bertrand. from
descriptions given by Mrs. Radcliff and
Mrs. Alchrist. He had shown the sig
nature to Schrolowitz because of the
talk by Jim Creighton.
To Mr.. Boyce, ne said he had first
heard of Maize Taylor when Col. Ar
nett had gone to Maude Smiths house.
He then charged Mr.. Boyce with hav-
ing interviewed people all over Wheel
ing in regard TO his character.
soThe witness was asked question or
two in regard to who were present at
the civil suit and at the preliminary
hearing Said that Mr. Meyer was pres
ent both times. With this the defense
closed.
A X Habberfield was then called in
rebuttal. He denied saying to Amanda
Holmes that Colts ought to go TO the
penitentiary and had not said anything
about the signature being his fathers.
He meyer had any conversation with
John Williams regarding this case.
Cross examined by Mr. Dryden, he
emphatically denied having any con-
versation with John Williams.
w. P. Robinson said that he demand
ed to see the folded paper which Dry
den showed to A. X. Habberf1eld at
the civil suit and the justice decided
that he could not have it Denied say
ing to John Williams that they would
railroad Colts to the penitentiary II
everything turned out all right. Did
not tell John Williams and other wit
nesses that they must say the signature
shown them was genuine.
He had no conversation with any OF
the States character witnesses in re-
gard to the answers they should give
on the stand.
Afternoon the defense put A. F. Faux
ner on the stand. Lived in Wheeling
six or seven years. Had been a wit
ness seven times in which there were
disputed signatures Five OF them