The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-07-17
VERDICT RETURNED AFTER
TWO BALLOTS HAD
BEEN TAKEN.
case TO DIR. Asbury is Immediate
ly Taken Up, and After Jury
is Secured Court
Adjourns.
Special Dispatch to The Intelligence.

~ II o 5 E, WEBSTER
SPRINGS. W. Va. July lG.-"Guilty
as charged in the within indictment 9
Ihis was the verdict OF the II men
who tried Rath Dun. the Jackson
county legislator, for having demand.
ed and received bribes from Detec.
tive Guy Biddlnger, and using his in.
' nuence 10 secure votes for Colonel w.
- Edwards for a consideration.
The case was handed to the Jury
shortly after $50 o'clock this morn.
Ing. and by 1890 the 10 men walked
INTO the court room and each declared
the verdict TO be their verdict. Two
ballots we're necessary. the first show
ing IL Tor conviction and one for ac.
quittal
IL also required two ballots in the
nrst' or Senator Smith. case. but II re.
qulTed much more time TO arrive at a
verdict. While the jury was in its
ROOM The defendant and his wife sat
sIohe' except for few moments be-
iure me Jury returned its verdict
When ;. I. G. Rhodes and his wife
joined the stricken defendant and his
Wlte' who showed plainly the effects
Of the strain she has been undergoing
Tor some time.
no additional tears. In fact a grin
came over their faces. When tho
sheriff beckoned DUFF 10 follow him
to jail the wife-tol!owed and while
passing the judges bench pointed her
slender finger to him and declared
well get justice sometime" The ex-
preston was ignored by the court.
Asbury Case Up.
Little time WAS iost foda, -, 81.
ing up the next bribery case. The de-
tense selected that OF Or. H. r. As
bury. the Putnam county legislator.
After making a motion for a continu-
ance Judge S G. Burdette announced
that II the case was tried al this time
he would have 10 withdraw from il
because his physical condition would
not allow him 10 undertake another
trial without a rest His motion was
denied and twenty men called. II was
necessary 10 add seven more before
a jury was selected
When called upon 10 plead guilty
or not guilty Asbury said no sir am
not by any means sir" No evidence
was taken and adjournment was taken
until Thursday morning. the attorneys
believing they had performed a fair
days work in seeing a jury return one
verdict OF guilty and empannelling an
other TO try another case
Defense Unknown.
Asbury r. the third OF the seven
legislators indicted for bribery TO be
placed on trial and in the opinion Of
the states attorneys their strongest
case has not yet been called No in
timation has been given what As
bury's defense will be. II Is even
rumored that ne has not discussed
MS case with any of the attorneys
row appearing for him His attor-
nCyr had TO ask him in the court this
afternoon II he wanted a continuance
aL1 what efforts he had made 10 So.
cure witnesses He. az that time. in
formed his attorneys whom he want
eC. he replied that he had Just writ
ten several telegrams for witnesses
he desired. II was ascertained. how
ever. that they had been summoned
some time ago
or the twelve men selected to-day
TO try Asbury eight are farmers. one
clerk. one a labOrer and two lumber
mon. They are. T. &. Casio and i
W. w. Clevlnger. umbermen. 4. W.
Dobbins. laborer W r Meridith
clerk. W. l.. Bullion W l. FerreI. G.
Gardner. l. VI Green. 4 y Snider.
} 4. Brown. l. v Clifton. ana ". VI.
Anderson. farmers.
Neither Senator y a. smith nor
Delegate Rath DUFF have becn son
terced and following the usual GUS
tom Of the circuit courts of the state
will not likely be sentenced until the
end ~ the present term ~ court.