The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-07-04
Colts JURY
STRUGGLES
FOR AIN HOUR.
And at 1915 O'clock This Morning
Reports Its Inability to Agree
rs On q Verdict.
CASEADJOUPNED over FOURTH.
By Judge Melvin, Which Means That
the Jury Will Not be Able
to Celebrate.

| har' y ~
The Jury in the trial of ". ]. Colts,
of Wheeling, on the charge of forging
the name OF the late John G. Haber-
field to a note for 5000, retired at II
o'clock last night, after arguments had
been made by Messrs. Meyer and
Boyce for the state, and by Colonel Ar
nett and Mr.. Dryden for the defense,
and twas believed that a verdict would
be arrived Mt, thus enabling The jury to
participate with the balance OF the
United States of the World In celebra-
ting the Glorious Fourth-but the jury
struggled an hour aud fifteen minutes
without avail. and Mt 12:15 O'clock this
morning returned to the court room and
informed Judge Melvin that they were
unable to agree. Thereupon the court
adjourned the case over until Thurs
day morning ut o'clock. when the
Jury will again commune In another eff
fort to give W. j. Cots his dues.
Colts on the Stand.
WI. Cots resumed his testimony.
at the morning session of court,
being cross-cxamined by Mr.. Boycc.
Being asked what his purpose was in
advising a. X. Habertield to advertise
| the note, witness stated he wanted TO
know where 1t was and whether 1t had
been honestly obtained. Asked wheth-
or he had asked the owner of the al
| legged forged note TO throw OF anything
after he had told him the note was as
| good as gold. witness persisted in his
answer that he had offered TO throw $50
off. The witness had kept the man of
| for over two weeks, trying to get the
Hnbcrfleld boys to give him the bond
and thus avoid any litigation In regard
| to the matter, and In this interval the
owner of the note had threatened legal
proceedings in order TO secure pay
ment Witness stuck 10 his former
statement in regard to meeting Haber-
field near the White Cloud hotel, al.
though subjected to u most searching
cross-examination.b by Mr.. Boyce.
Squire Srolowitz had made propo-
sition to him (Cotts), in the squirrels Of
fee. to swear to signature If he (wit-
ness) would pay him enough. asking
| witness what is there In It II l swear
for your Witness had scornfully re-
| jected the proposition. Told of getting
| judgments In Squire Haberheld's court
and of the squire ncglecting or refusing
TO issue attachments to secure the pay
mant OF same Had suspected the squire
OF playing doubl, In the matter. Wit
ness said the mar told him the name of
the woman who had the alleged forged
note was Maisy Taylor. who was an
| inmate of Maude Smiths house OF III
fame, on Twenty-first street. and thu
man said she was married woman.
| The court here asked counsel for the
defense TO have their client answer the
questions directly, without giving such
| detailed explanations in connection
with his answers. Question was here
asked why he hadn't told the name OF
! the woman yesterday. Witness replied
that he would have done so had he not
been obliged to give. way to witnesses
for the prosecution. who testified as to
| his character,
a warm controversy here took place
between witness and MIR. Boyce in re-
gard to some business transactions be-
tween them in connection with trouble
over some property OF witness while
Mr.. Boyce was city solicitor. Consld-
cradle time was taken up with this, but
1t would take an expert to see what
connection 1t had with the case on
trial.
Witness stated that from descriptions
given him OF the man with whom he ne
gotiated for the possession OF the alieg-
ed forged note, Mr.. Dryden had told
him the mans name was Enos a. Ber-
trand, brother of Maude Smith Told
OF Habertleld going 20 Naude Smiths
house and calling on the Taylor wo-
man. This information had been OBJ
tained by Colonel Arnett, OF one of the
inmates OF the house named Ella Fra
zier. Said Haberilcld had often want
cd him to so over the creek with him,
but witness had declined.
Questioned by ColonelArnett as to how
he came TO believe the story of the
mar who said woman over the creek
had the note. witness said he knew Mr..
1faberi!cld had been in the habit OF 60
Ing over the creek to call upon wo-
man and that he would frequently
boast to him OF his actions over there.
Witness said the woman was in Penn
sylvanla now, or they would have had
her summoned as Il witness. claude
Smith Ind gone TO Atlantic City, or
some other seaside resort. Witness
was asked how Mr.. Haberheld wrote
his name. and replied He sometimes
wrote II j. c. and sometimes John G.
Habertield."
Asked by Mr.. Boyce when he first
got the information OF Maisy Taylor
and Maude Smith. replied that 1t was
when Colonel Arnctt had gone to the
house TO see about the matter. Witness
here told Mr.. B6ycc that he (Boyce)
had talked with many people In Wheel
Ing about him (witness). and had done
all in his power TO Injure him. Some
more history Of witness and counsel
I was here brought n,it md nIrod ,,.i,,