The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-10-01

&so s""H g. A. cArsnbsusr
All questions concerning the juris-
diction OF the State OF West Virginia
over the Ohio river. were conclusive
iy settled yesterday afternoon by
Judge Alan II. Robinson in criminal
court. in the case OF the State VS..
Henry kindelberger. now on trial
when he ruled that this state has the
power TO arrest any offender within
the natural banks OF the Ohio river
or upon the water OF said river. The
ruling came after a super human ef-
fort of Attorney S. o. Boyce. for the
defense. trying TO show that the Of
ncials OF Ohio county overstepped
their authority when they made a raid
upon the houseboat OF the defendant
subsequent to the advent Of the Yosi
law.
A legal battle, was experienced by
the attorneys for both the state and
the defense. in which citations from
some Of the most prominent judges in
the land were quoted. These rulings
were quoted back to the original
grant of land to the State of Virginia
and her Relationship with her kindred
states. The argument lasted for over
half and hour during which time per.
feet quiet invaded the court room.
Attorney Boyce put on a witness,
William Smith. and asked concerning
the position OF the boat in the water.
Assistant Prosecuting Attorney ID. A.
Mckee objected and the Judge sus.
tanned the objection. Mr.. Boyce asked
for a ruling on the question after il
had been argued. The jury was .ex.
cluded and the arguments begun.
The assistant States attorney quoted
the constitution as his principal au-
thority. The defendant attorney took
exception to the ruling
Owing to a slight illness OF Prose
cutting Attorney r. NJ. Addleman, his
assistants. ID. A. Mckee and George
Beneke. assisted by Attorney Charles
Earhart. OF the AntiSaloon League. are
conducting the case for the State All
realize that this is the hardest case
OF the term. and legal battle after lie.
Eal battle features the hearing.
Harry Voitle. a dry detective. came
in for his share of trouble at the
hands OF the attorneys yesterday. and
made several very discriminating con-
LESSONS concerning his past life.
Much Liquor In Court.
Kindelberger is charged with oper-
ating speakeasy on a boathouse
which he had moored near the Ohio
shore. and from which he dispensed
his liquors. A raid was made upon
his place some time ago by county
deputy sheriffs and A. H Curry. and a
quantity of liquor taken. This. total
ing about a wagon load. was brought
into court yesterday morning when
the trial started. to be used as evil
dence against the man.
The court room was packed to its
capacity when court opened, and re-
NAMED that way during both sessions
yesterday. With a possible chance of
the case being finished this forenoon,
additional interest is expected to-day.
Thomas Kindelberger. twentieth Jury
man called. was excused owing to re-
lationship with the defendant.
Leading States Attorney ID. A. Nc
kee read the indictment TO the Jury,
railing attention TO the points at stake.
He explained the States Jurisdiction
over the waters OF the Ohio river. At
torney :. o. Boyce then made the
charge TO the jury from the defend
ants standpoint. saying that the State
must-prove beyond a reasonable doubt
that the liquor was stored on the boat
for Illegal purposes. He denied that
Kindelberger owned the boat and said
that Y was owned by a party Of mill
men. who owned the liquor at the time
OF the raid. Attorney Boyce announced
the vote on the prohibition amend
ment. and Mr.. Mckee objected. the
court sustaining the objection and in
structing the jury that II was not 10
consider the remark.
First Witness.
Captain Henry Fro ne was the first
witness called. and d Of the raid
Of the boathOuse. He said that in
searching the boat they found the
liquors that were then exhibited in
the court room. that Kindelberger was
sitting on the deck in n chair and that
several men were drinking: that the
boat was raised up out of the water
considerable distance and that the
liquor was suspended on cords from
the boat into the river He was asked
II this was in Ohio county and answered
that IL was. alter the Judge overruled
Attorney Boyce's objection.
Following Captain Frohme was De.
putty Lafayette Grainer. one OF the men
who constituted the rsiding party
His story was the same as Captain
frOhme's with the exception that he
testified that bottle beer was found
on ice. Mr.. Grainer also said the boat
was IN Ohio county over Mr.. Boyce's
objection Deputy sheriff Tom Smith
was the third witness called BY the
State yesterday morning. but would
not say that the boat was in Ohio
county as he was not familiar with the
river boundary.
Clerk Of the Circuit Court John l..
Kingdom was the next witness called.
but before placing him on the stand
Mr.. Mckee asked for a continuance Of
the case until afternoon AZ he wished
20 hold a conference. This was al
lowed. Court adjourned until 9 o clock
Afternoon Session
The afternoon session opened with
Harry NOitle. q dry Deceive employed
By the Anti-Saioon League on The
stand lie told Of aiding in the raid
Voitle was a former justice Of the
peace and BY the time Attorney s. O.
Boyce had finished cross examining
him. he had the appearance % a much
bedra gEicd piece Of humanity. He did
not aid the State any He was the
last witness called BY the state
Defense Begins
The defense opened &C. case BY call.
ing Carter Norman. a mill man. and