Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-02-03

TO the April term OF court at the ex-
pense of the defendants.
The next liquor case called was
ttat against Charles A. Westenhaver.
whose saloon is on North Queen
street opposite the Market House.
Howard H. Emmert appeared for the
defendant.
County Clerk f. A. Hobbs, Justice
s. 8. Felker, Constable Joseph L. Broy
and Detective T. N. Miller, of Pitts
burgh. were in turn called to the wit
ness stand after the formal statement
| of the case had been made by j. o.
Heson for the state and II. II. EN-
inert for the defense. The testimony
CT the witnesses was practically the
same as in the Baker aad Creque
ca SEES. Mr.. Hobbs testified that he
| bad issued no state liquor license to
Westenhaver; Justice Of the Peace
| Felker that he held the preliminary
hearing on the night Of the raid De
cember 10; Broy that he assisted at
| the raid and Miller that he was in
charge of the detective force that
| worked up the evidence against Wes-
tenhaver and the other liquor men in
dicted by the grand jury three weeks
ago.
The feature of the trial on Mon
day happened in the cross-examinatio1
CT Constable Broy by Attorney EN-
inert. This was such as to admit in
evidence the government license held
by Westenhaver which Is prima facia
evidence that he was conducting the
business of a retail liquor dealer, as
decided by the Supreme Court of
West Virginia. This was point gain
ed for the State. This sort of evil
dence was excluded, on motion of the
defendant, in the cases OF Baker and
Creque at the trials last week.
The jury in the Westenhaver case
| is composed of the following men:
Harlan Thatcher, M r. Ruble, M. l..
Brown, Emory Wolford, J. e. French,
Robert Gold, G. w. M. Tabler Gold
Ccckrell, w. "A. Thatcher. E. H. Tab
Her, C. w. Shaull and J. e. Wolford.
Chas. A. Westenhaver Guilty.
AS the clock was striking the hour
Of IL Tuesday the jury brought in
verdict of guilty against Charles A.
Westenhaver for selling liquors in
dry Martinsburg. And thus termi-
rated the third sensational trial at
! the present term of Circuit Court.
The State finished his evidence lit
tie sooner than was expected at the
outstart of the trial. then 1t being in
timated that the trial would consume
two days, but the State evidently
thought it unnecessary to use his re-
serve force of witnesses. Another
thing FASTENED the end and that was
the defense submitted no evidence,
and after the usual written instruc-
lions by the Court the case went to
the jury.
Monday Afternoon Session.
In the Chas. A. Westenhaver liquor
case, put on trial Monday morning in
, Circuit Court, the following were the
proceedings Monday afternoon:
The first witness to testify was De
IGCIlNG w. .. iNONCi vi ANeSSNN o.
He swore that he was with the Off
GERS when they made the raid on Wes-
! tenhavers saloon on Saturday night,
December 16 last; that he made nu-
merous purchases of lager beer on
draught in the place, the last glass
being bought on the day of the raid
alluded to and he paid five cents for
] 1t.
Officer Hough was next called to the
stand. He swore that he had charge
OF the raid on Westenhaver's place;
that in his search for contraband
goods behind the bar he found an ice
l.ox filled with beer bottles, though
those on top he thought might have
been "nearbeer," and he commenced
tc haul them out of the box; that
Westenhaver then said to him FOL
Gods sake don't take those bottles al
the bottom of the box" but the Off
Ger said he did so just the same
, Questioned as to the amount of goods
, re captured that night, Officer Hougt
testified that there were four sacks
OF bottles, two barrels and four kegs
of beer and some Canada Club whis
key, but not much; also a keg Of
claret wine in the cellar, some sh Try
! and lot of cordials for mixed drinks
In order to ascertain how much
; stuff was shipped to Westenhavel
from the time the town went dry the
. first of July, 1911, down to the date
ot the raid on the 10th of last De
cember G. V. Agent Gard and B. & O.
. Freight Agent Tonry We're called tC
the stand to produce their records In
: evidence. These records of consigI
ments showed that there had been
, shipped to Chas. A. Westenhaver with
in the time specified 20 barrels,
! drums, demijohns and IL cases Of
, whiskey and $40 barrels of beer, oil
, the amazing total of 2S,S00 bottles Of
beer alone. In the language Of the
: street this was going some"
II Constable Broy was then taken VI