The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1904-02-17
DEFENDANTS CONFESS.
All Whiskey Indictments Stand
Except One.
Vim. r. Gallagher Feund Not Guilty.
Testimony cfLlals Weia-Big t'romd
Fills Court Revm to Hear Detectives
Evidence-Fsar Of Those Indicted
Missing.

l.
attracted a great crewd TO the court
room this morning. The part OF the
room reserved Tor spectators was
PACKED. Nearly all the lawyers of
the city, officers of the court, and
others directly or indirectly inter
ested iu the liquor question, for or
against we're present Intense in
terest, suppressed excitement and
great curiosity were plainly in eyi
dence
A few civil cases were speedily
disposed of, and the revenue cases
were called Eleven indictments
against VIM. II. Conley we're called
first Van A. Baryiekman appeared
for him, aud entered a plea of not
guilty. He asked an hour to pre-
pare for trial. AT the end of that
time, he returned and withdrew the
plea OF not guilty, confessing to all
the indictments
Joe Kaszer appeared by his attor-
icy. l. A. Yeager and confessed in
six indictments.
c. w. Wight appeared by Col.
Jas. {. Frazer, and confessed to the
six against him.
John 6. Lantz and VIM. b. Bow
man appeared by Frank Cox and
confessed to nine indictments.
George c. Baker appeared for Jas.
Lantz in IL cases; for Mrs. l. j.
Peabody in 3 cases; for Walter and
b ii. MADEIRA in 10 cases; for J c.
McVicker, in one case To all of
these indictments, the defendants
confessed.
The attorneys for the def adants
desire to be heard by the court be-
fore sentence is passed. Judge
Mason also desires this, and it may
be day or two before sentence is
passed. The time Tor hearing the
lawyers was not fixed. Attorney
Frank Cox asked that Lewis Wien,
the detective ON whose evidence
practically all the indictments were
found, be not allowed to leave town
until after the defendants are sen
fenced.
L. V. Keek appeared for VIM. f
Gallaher, and entered plea of not
guilty. He was indicted six times
as a memper of the firm of Gallaher
and Fisher, proprietors of the Pleas
ant Corner restaurant. Mr.. keck
appeared for him separately.
A jury was empanneled and the
trial began.
The prosecuting attorney called
Lewis Wien, the first witness. He
is the detective and hundreds OF
people who have been hearing about
the my storieus person whose inves-
legations have raised such rumpus
craned their necks to see him, and
| bent their ears to hear.
Wien had been in the county sur
vey ors office, and entered with the
sheriff. He is German, well adj
yanced in years, and speaks English
brokenly. He is six feet OF over in
height, large in shoulders and chest,
wears black mustache and his hair
is stleaked with gray. His eyes
ser IN nearly closed all the time.
In response to the prosecuting
attorneys questions he said his
home is now in Parkersburg. Is
detective. Has worked as Pinker-
ton man and the other agencies.
Has no license in West Virginia
Came here from Maryland. Arrived
here December l9 and worked for
three weeks or more Had rooms
with a family on Front street. Was
sent here when the National Anti.
Saloon League met in Washington
Knew no one in town except j. A.
Martin, DR.. Buchanan and VIM. Z.
Glassco k.
When asked about buying
whiskey at the Pleasant Corner
Restau sant he pulled a note book.
and after looking over it said: "At
eleven o'clock on the morning of
December 10 1903 l went into the
restaurant and bought enc drink of
whiskey for which | paid Is cents
/ drank it." Vein said it was bad
whiskey and told the jury he knew
the difference between good whiskey
and bad whiskey.
The defense introduced evidence
to show that the defendant was not
member OF the firm when the
whiskey was sold. On the 10th of
September he became member of
the firm. On November IL, he sold
his interest to Lohry Johns. On
February 8, he bought it back, and
is now member of the firm.
The bill of sale and checks for
the payment of the price were intro
duced. The restaurant license issued |
to Gallaher and Holmes and trans
ferred to Gallaher, Gallaher and |
Fisher, was never transferred to Gal |
laher and John. Attorney Goodwin |
moved to exclude all the evidence on
the question of sale, but the molten |
was overruled.
The evidence showed plainly that
VIM. F. Gallaher was not a member |
of the firm, and Mr.. Goodwin told |
the jury that verdict of not guilty |
was the only one that could be found. |
He refused to ask the jury to convict |
a man who was clearly innocent of
the specific charge in the Indictment.
The jury returned verdict without
leaving their seats, and the prisoner
was discharged.
Frank Gallaher and George Fisher
have not been found since the indict |
ments were returned. August Leist-
man and William Smith are also out
of town. Capiases are out for them.
Wien says he was furnished list
Of all the places in town which hold
government license for the sale OF
whiskev. He was furnished this by
VIM. E. Glasscock.
WALLACE HOUSE CLOSES.
The Wallace House closed its doors
to guests at noon today 1t is nc
longer open to the travelling or local
public, and the proprietor, James B.
Lantz, states that it will not be
opened for hotel purposes again
The proprietor was indicted fer sell
ing whiskey in ten instances by the
grand jury and this is the direct
cause of the hotel being closed.
"JONES PAYS THE FREIGHT"