The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-10-10
UTCHER WAS HELD
FOR The GRAND JURY
SQUIRE Amos FAILED 10 BE
CONVINCED OF Young MAa's
INNOCENCE.
WITNESS TESTIFIED THAT BAR
TENDER SAID II s WOULD "puT
MCMILLAN TO TIE CLEAR

pery Saturday morning. was held for
the grand jury In the sum OF $1,000 at
the conclusion Of a two hours hear.
ing before Magistrate Amos this
morning. BY some process of occult
reasoning Attorney Howard n, or.
den got the Idea that he could make
the Justice think he hnd a case, and
decided not to do the thing usual IN
such cases--waive d hearing and let
tie case go toathe grand jury. So an
attempt at a defense was made, and
y was about as much Of a defense as
the paper hoop makes to the circus
lady's stepping through.
Butcher took the stand and told d
weird tale. He gave his age as 20
and said he was married. He had
worked for the B. and D., for the
Cherry River Lumber Co, for the.
Dickerson Lumber Co. or Fairmont.
and for the Fairmont Coal Company
at Monongah. While In Tairmont Ee
had lived On Spring street. Last
Thursday he came 10 Fairmont sell.
Ing chances on q Winchester rine ana
looking for a job. on Friday after.
noon he came to town again for>the
same purpose. Thnt afternoon an old
soldier In the Marietta barroom &C.
cnsod Mcmillan Of stealing SIG that
he had lost. The two were talking
fight and he (Butchery dissuadod
tEem. He came to Fairmont again
Saturday morning to see Hamilton OF
the HamiltonIryln Company. who
had promised him work. He fell In
with Mcmillan at the Marietta again
and Mcmillan set up the drinks. Nc.
MILAN was in a liberal mood and was
buying good drinks. After a while
Mcmillan began crying because The
Confederate soldiers didn't get pen.
sions. Mcmillan wns very drunk. The
bartender and Butcher tried to get
him to 80 into the back room. Nc.
MILAN said he didn't have to.s The
bartender said. LET him alone! r'lI
put him into clear. the next
drink. said 1t twice; said also to
colored porter standing near, Get
ready, Joker, am going to knock
him out Mcmillan gave him
(Butcher) check but he gave ii
back and told Mcmillan to take care
Of It. Mcmillan gave the bartender a
$40 bill to pay for drinks and got
$3.50 back. Butcher didn't see where
he got the money didn't see anything
about the transaction. Mcmillan
huns. on him and cried and asked him
to take care Of him. Mcmillan put
n roll of bills into Ills hand. He
didn't stop to count II. Just showed II
into the lining Of his coat. He
thought that was the safest place. He
often carried money there. When he
told the officers he didn't have the
money he thought they meant the
old soldiers SIG.
Butchers story sounded shaky all
the way through but Attorney Morris
who was conducting the case for the
State contented himself with refuting
the last statement Of the prisoner by
recalling Chief Morgan and proving
by him that the prisoner had talked
on the way to the jail about carrying
Mcmillan upstairs, and after he knew
that it was Mcmillan who was robbed
he had denied emphatically having
the money.
Mcmillan made a pathetic figure on
the stand and was evidently overcome
with shame and distress. He said
that he had, been too badly intoxi-
Gated to know anything about what
was going on. He said he never saw
Butcher till this occurrence.
The State put on several witnesses
to prove that Butcher was with NC
MILAN all the morning until he was
carried up stairs. and the two
police officers who found the St6O on
Butcher.
William Shriyer, Of Watson, testi-
fled to hearing the bartender say he
would PUT him into clear on the :
next drink. He said on cross-exarni.
nation that he had gone around to the
Jail and volunteered to testify in
Butchers behalf. He said he was not
personally acquainted with Butcher
but had volunteered Through kind
ness. y
The attorneys did not argue the case
after the evidence was all In. Attor.
ney Ogden professed himself greatly
surprised at the Magistrates decision.
The lawyer and Butchers father
went on Butchers bond, both swear
ing to owning real estate Of more