The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-10-28
ADMISSION OF CERTAIN EVIL
peNSe BY osfENsE sTRENu-
ouSlY OBJECTED TO.
Defense VIII Try 10 Show Lack Of
Criminsiity on Part Of Martin 20
Hefute Government Claim.

Arguments between the attorneys
Tor both sides In the famous case OF
tne United States VS.. NJ. h. Summers
anc Z. ID. Martin. charged jointly with
srn,s I'll approximately $4,000
Union. featured the trial at yester-
days session of United States District
court here. Both sides raised obiec-
Tons TO the admission OF certain evil
derce. and twice the jury was exclud-
clashed and until after Judge Aston
C. Dayton had made his rulings.
Consequently but little progress was
made yesterday In the case, which has
now consumed one week of the regu-
lar October term of the court. The
only defendant fighting the charge.
VIII probably rest its case to-day.
however. The examination of its final
witness was In progress when court
adjourned yesterday afternoon at s.
o'clock until Q o'clock this morning
The defense attaches great import
ance to the testimony OF this witness,
Edwin A. Campbell. OF Clarksburg. a
public acc 1untant, who made an audit
OF the books and records of the c. ID.
Martin Company. in which Martin and
Summers were partners. The audit
was thorough one. he said. and COW
cred in detail the various transactions
OF the partnership. The report of his
audit. Consisting OF several volumes OF
records and statements, were pro
duced in court. The taking of his evil
dence will probably consume the
greater part of to-day's sessions.
To Prove Innocence.
The defense will attempt to show
through the evidence of Accountant
Campbell not only the lack of crimi-
nality on the part of Martin. and to re-
flute the claim OF the government that
- kWwN
poets 10 show that the bank is indebt-
ed to the defendant instead of his be-
iEP indebted TO the bank.
This was brought out in the clash
over whether or not the testimony of
the witness as to the volume of bust
Company would be admitted as evil
| dence. The admission of this tesu-
mony was objected to by the govern
/ ment's attorneys on the grounds that
J the accountant was employed by the
defendant. and implied that the re-
port might have been made TO suit the
occasion. while the government. they
| contended. would not have access to
| the books OF the company, since II was
| a partnership firm.
Capt. NJ. q. Sperry. senior counsel for
the defendant quoted several authori-
ties and recited several cases in which
| such evidence had been accepted BY
courts. The court asked for time 20
more than a half-hour was taken. In
the meantime the jury was taken from
the room. and attorneys for the two
sides argued the point.
| Judge Dayton asked the defense on
what grounds A. wished 20 produce the
| evidence. and Capt Sperry replied that.
| first. IL wished 10 establish that Martin
- innocent OF any criminality In con-
| nection with the overdraft. and In the
| second place. 10 show that the bank -
| indie ted TO the defendant.
Objection Overruled-
| Judge Dayton oNerruled the ob1ec-
i ton Of United states Attorney Walker.
by ruling that the evidence might be
4 produced to establish the innocence OF
/ Martin. but not for the purpose of show
ing an Indebtedness OF the bank To him.
| At this point court was adjourned for
| the day.
When court convened at the morning
| session the examination OF Martin was
! resumed BY Capt Spcrry. lie was Sc
/ vcrely grilled by Assistant District At
| torney Harry Byrer under cross-eXani-
\ nation. but he stuck 60 his original
| story. which contradicted the testimony
l OF the governments witnesses.
Martin was stu on the stand when
court recessed at the noon hour. but his
i cross-eNamination was concluded about
! two minutes after a. had reconvened.
Martin was followed ON the stand BY
| Attorney Willard r. snyder OF Clarks-
| burg. who was counsel for the defend
| ant at the time Of the expose. He was
questioned regarding visits which n
/