Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-06-29


ytstteA the pretAtses.
The hearing 81 the evidence in the
trial 0f G. w. Lutes was continued in
I'LL Mafsh1ll county Circuit Court yes
terday.
]. w. McGary was the first witness
examined. Saw Lutes on the Sunday
and bought a pint OF whiskey for him
1stWeen Z and o'clock in the morn
ING. The witness was 10th to tell where
De purchased the liquor. but at the di-
rectfon OF the court he told at what
saloon he purchased it.
Charles walton, jeweler' in business
n Moundsville. testified that the bull
let found IN diamonds head was %
ealfbre.
James Gamble stated that Lutes paid
him bill Of $1.10 on the 10th of May.
Lloyd Nuzum stated that early on
the morning Of May goth, Lutes came
ID Tom higgins saloon and bought a
drink and gave him SO bill to change
II was new bill. He could net change
It and gave 1t back to Lutes, saying,
You can pay me again
Squire Selby. who gardens the lot adj
Joining Snyder's property, was put on
the stand. Told Of going down to his
lot on Monday morning and finding two
boards knocked of the fence at the
north end Of the lot He saw trail
where some object had been dragged
across the lot and through the hole in
the fence. The trail was plainly WIS.,
ible to within sixty or seventy feet Of
the back Of Lutes' house. From that
point to the house the grass was very
short. Teh boards were on the fence
on Sunday. Where the object had been
dragged across the ploughed ground
there were two marks side by side.
John Nightler lives on Western ave-
nue.. Between and o'clock on Mon
day morning he was on the B. & 0.
road northwest of Snyder's lot. He
saw trail where something had been
dragged over the B. G 0. road across
the Ohio River Railroad and over the
river bank There was wide track
and two smaller marks within it. They
were about six or eight inches apart.
On cross-examination he said that he
had gotten a revolver about that time.
The body had been dragged toward the
river because the grass was broken
over in that direction This track cross
ed the railroad at the foot of Seventh
street.
Mrs. Amelia Snyder was recalled.
Thought she heard a gun fired on Sun
day night, but did not know whether
she really heard it or dreamed that she
heard it.
III. w. Hunter, cashier of the Mar
shall County Bank. Lutes owed a note
in the bank. On Friday, May oath, S.
was paid on the note by Mrs. Lutes
The State rested its case at 11:4O a.
m, and it was decided to take the jury
to view the premises of Lutes and Sny-
der. where the murder is supposed to
have occurred
At 1880 the jury and court adjourned
to the premises. The prisoner in charge
of the sheriff, accompanied the party.
Some time was spent in viewing the
house and the route over which some
object had been dragged as related in
the testimony of Squire Selby and John
Nightler.
After the jury returned to the court
room, Col. Hooton moved to exclude
the evidence and direct the jury to re-
turn a verdict of not guilty The mo-
ton was overruled
T. B. Mcfarland was the first witness
for the defense. He had been at the
window by which Mrs Snyder sat, and
said it was impossible to see anyone
enter the front door of Lutes' house.
On characterization he said that it
was possible that one could determine