The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-11-19
FOUND GUILTY OF
CRIMINAL ASSAULT
ELI HARVEY CHARGED WITH MIS-
TREATING TEPDAUGHTER
And jury Votes TO Send Him 20 Peni.
tentisry-Young Girl. Appears
in Court Room With Baby.

After careful consideration. the Jury
III the case OF the State vs. Eli Har-
Vey. charged with having committed
criminal assault upon his li-year-old
stepdaughter. returned a verdict OF
guilty as charged in the Indictment
and recommended that he be confined
Vile
Attorney J. J. Z. O'Brien made the
usual motion that the verdict be set
aside ana a new trial granted. Argu-
ments on the motion we're heard. and
Judge Alan II. Robinson reserved his
decision on the motion until Saturday
when he will decide whether or not
the case merits consideration.
Attorney O'Brien based his motion
Tor new trial upon the testimony OF
the girl. who admitted uuon the wit
ness stand thai she was not telling
the truth concerning the time OF the
alleged assault.
Following their decision. Attorney
OBrien asked that the jury be polled
and when this was done Il showed
that the jury had voted guilty without
dissenting vote.
During the morning a sensation
was sprung By the defense when they
wrung from the girl. Lucy Thomas.
that she had been prompted by her
mother to tell an untruth To make
the conviction Of the father more Ger.
tain. Attorney O'Brien detected a Sc.
ries OF signs floating between the
mother and daughter and questioned
the girl very closely when she
resumed her testimony after a recess.
During this time she was sitting
along side OF her mother who seemed
TO be giving her lengthy instructions.
There were number OF sensations
sprung In the triaI throughout the
day.
Only Two witnesses.
Only two witnesses were called dur.
ing the whole trial and Il was a oues.
ton or the father against the testl-
mouy Of the young girl She an
pcared In the court room mere girl.
carrying young BABY said 10 be The
offspring OF the accused man and this
iact was one OF the strongest points
against the man. lie. I'm his testf.
mony stated that he had caught the
girl in q very compromising position
with another man when he resided al
Glen White, ". Va. and further stat
ed that he had never mad any criminal
relations with the girl and that he
never was alone with her at any time
lie also said that IL was her habit 10
roam around town with men after
night" and that her actions were
never IN a "ladyliko way"
Harvey and his family removed to
this city from the lower part OF the
state some time ago and since that
time have been living 81 his home
quietly and peacefully. Nothing WAS
known ~ the family previous TO
their coming here until he was &c.
cuscd by MS 1fyear-old daughter OF
committing criminal assault upon
h"r. llo was arrested and lodcoi
On the county jail last June and has
been confined there since that time.
and was reuanded back yesterday
evening probably fo 20 90 the penal
institution for several years
lie claimed yesterday that bis
wife had one time given the girl an
awful beating because she would
not toll her the name of a man who
eho had almost caught IN sugges-
live position with the plrl The
husband testified that only for his
interference that tho mother would
have beaten tho girl 90 death Tor no.
disclosing be name The xiii was
placed back ON thcs tnnd foliowia .
Dor FIRST t' .fImuny Co tho fact that
Harvey bad done aIl tho deeds VITA
which ir was charged and then 90,
c'HrDl fu fle Prosecuting Attorney
fitf ehn wra prompted by Dor
mother fu fni che a'uflor that Iha
t.H IhH outcome ~ fHn rl .e is De-.
.aF watched wI'h interest