The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-11-15
HORSE 8IE
CASE Is BEING
HEARD TO-DAY.
Ross Thorn Vas
Found Guilty
Saturday

LEI0leF Nay ID 5USAuS rIIISu III L19 " =
cult Court for stealing a horse. The
alleged offense was committed on July
OF this year. According to the evil
Lence Nay took morse belonging to
Hezelal.A1 Robey on East run from the
pasture field. He took the horse to
cIarkgburg and there sold him. The
horse passed. through several hands
and was at last sold, to David. GNnlt
Gault learned that the horse that he
mad purchased was the property OF his
neighbor.
There was some INJURY end 1t was
learned that Robey had a horse miss
ing. The several transactions in slts-
posing of the horse were traced back
and the arrest Of Ney followed.
The last grand Jury indicted Nay
and his nephew, Arlfe Nay, Jointly for
the larceny. When the young man
YVES asked whatne wanted to do in his
case he pleaded guilty. His uncle
pleaded not guilty. He is being tried
on the joint Indictment.
Court was detained this morning in
getting Down to business. 1t was ten
o'clock before some OF the witnesses
were present. 1t was about this time
that the jury was ernpanelel. j. b.
Fowler was excused from serving on
the jury because under the law he was
exempted. Three other men wers eS-
cussd. One was a relative OF Hsrrt-
son Robey and tite other two thongat
th.t 1t was imposs' bile for them to give
a fair and impartial verdict in the
case.
Dave Gault was the first witness eX.
amine4l He told otrthe transaction by
which me bought the horse. And then
he told of tine tracing of the property
back as far as to where Elmer Nay
was connected. He with party OF
other men went to Nays house AMI In
nuired about the horse. May claimed
that he bought the horse from
SYRIAN about nine O'Clock at night. He
pai dthirty dollars for him. giving
twenty dollars down and ten was to
he given the next day. My could not
tell the name OF the man from whom
he bought the horse. He claimed
that ne had gone to Nannington as
agreed upon but cc'uI not fad ais
man. Later according to the witness
Nay said that he did not know what
the man looked like and that he would
not know him II he were to see HIM
again. Nay claimed that,he had Il wit
ness TO all Of the Things that ne had
said. Nay told the witness that Arlis
Nav was his witness but he would not
let him talk until he had been sworn
for he expected there world be a suit
over the horse.
Felix Robey was the next Witness
He did not know much that would fix
the guilt on the defendant. He stated
that the horse was worth seventyfve
dollars.
Arl:e Nay, who wss indicted jointly
with the defendant anu confessed MS
guilt, was the next witness. He stat
cd that he was hoeIng corn for Will
liam n. Woods on July s. His Ancle
came to him in the corn fell In the
forenoon. He worked until twelve
o'clock. In the afternoon Of the same
day he and his uncle went to RoDey s.
They got there about four or hall past
four O'Clock. That night about nine
O'Clock Elmer Nay led the horse out
Of the field. They both rode the
norse over to Elmer Nays hcme. FL
mer wss in the van Of the double
wounted procession, according to the
boys evidence. The horse was Kept
at the Nay home until the next even
ing at seven O'Clock when Elmer start
ed with the horse TO C!arksburg. The
boy stated that Nay told him he was
going to Clarksburg with the horse
Iyhan the uncle came home he told
1.-THE witness that he had sold the hcrse
lfor forty dollars. He told the witness
THAT he had got drunk and lest the
price that ne tsd been paid for the
horse.
The Jury that is traversing the case
consists Of the following men: s. j.
-Isurm, w. f. shucls, Riley Davis Tia
.IH. Lake, Jacob Rodgers, James H.
bowman, Ellis Hetflin. El~F:n Good
win, A. j. Stumn, William Lanham, W.
f. steele and D, E. Hayhurst
The witnesses for the State are:
.Inavid Gaaplt, Homer D. Martin, Mer'
earet Fluharty Thomas F7luharty
henderson Robey, Ice Hess, A M
.IGloyer, William H. Wood. NJ. Wood,
Harrison F, Martin, okey Randall
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