The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-11-24

tive. Here he referred TO Underhill
on Criminal Evidence. page 159. Con-
timing he said: THE state claims IL
has the right to show that he was
present at all of these fires. or imme-
diatcly prior to the fires"
Air. Boyce replied: My contention
is that in this court the defendant is
innocent until evidence has been
properly adduced to the contrary. You
are trying this man to-day on one IN
dictment, and bringing in four indict-
ments. The whole effect is TO preju-
dice the jury in this particular case"
Following the discussion the court
oyerruled Mr.. Boyces motion.
When the jury was brought back.
Young Snyder was asked IL he saw
Kraft enter the Keiner building. He
answered that he did and that later he
saw fire in the building. He also said
that he saw no one there but Kraft
cross-Esamination.
The cross-examination by Attorney
Boyce was careful. and showed that
the attorney was trying to treat the
little child with due consideration and
{ take no advantage OF his tender years.
He asked his questions clearly and
carefully and the tones OF the little
fellow were straight to the point
He detracted not particle from his
first story. He told Mr.. Boyce that he
was sitting in an automobile with two
other boys and saw Kraft go up the
alley. but did not notice where else
he went He said he remembered
Kraft as a fireman. he used to seen
/ him on the wagons. but didn't know his
name. He said ne didn't know what
his name was on that Sunday. and
didn't know him from other fremen.
I He said he talked. with Detective
Kelly. who had overheard him telling
some other boys that he had seen the
man go into the basket works
/ Assistant Mckee said. You knew
this was the man before you saw him
here?"
A. Yes. sir
q. Is that the man there? Cpolnting
to KrafD.
: A. Yes. sir
q. Is this the same man you saw go
in there?
I A. Yes. sir.
Mr.. Boyce asked: You didn't know
who the man was2"
A. No. sir (objected to by statei.
Mr.. Boyce again asked Your
honor. a child Is the most dangerous
witness to deal with. owing to its sus.
ceptibility to change by questioning.
He says he knew him. and again he
says he don't"
Mr.. Mckee: You know the mans
face. don't you"
/ a. Yes. sir. I know his face. but
] didn't know his name"
q But this IL the same man you
saw there"
/ A. Yes. sir"
George Sells Called.
] George Sells. an expressman. vas
the next witness called. and told OF
seeing Kraft coming over the bridge
from the direction 81 the Iacovetty
: FIRE about fifteen minutes after the
alarm was turned IN. ON cross exam
Z nation nothing was brought O,a to
change the first impression.
3 Thayer Miller was the next called.
and sGid he saw Kraft going down
/ Twentieth street near the Y NJ g. a.
! about twenty minutes before the nre
broke out On cross examination he
I said he did not know the man person
ally but the man M the table was the
man he saw EOing down street
Court then adjourned until this
morning at 30 O'Clock. when % BE-
respected the state viii Try and prove
that Kraft was IN the vicinity Of the
I Books shoe store National Cash Reg.
. lister tHiiding and other 81 the fires
before he finally brought up az the
) Warwick China Company's plant and
later arrested
To expedite matters. "a is expected