The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-10-01
JURISDICTION OF STATE Line
UP In KINDELBERGER TRIAL

which his testimony was broken down
to a certain extent. although he stuck
to his former story insofar ~ the
main facts were concerned. He told
of the liquor being on the boat. A
motion was made by Mr.. Earhart TO
exclude the testimony of the witness
regarding the liquor on the boat be-
longing TO a party OF men This mo-
ton was overruled.
William Smith was the second Wit
ness called BY the defense. He told
of having been on the houseboat, and
having helped TO patch II up. He was
asked II he remembered the time OF
the raid. and answered In the affirm
alive He was then asked by Mr..
Boyce how long he had worked there
and answered about a day" He said
he cleaned out the boat and drilled
holes TO fix up some damaged places
in IL.
Mr.. Boyce asked: when you work
ed on this boat. you say II was lacked
up to permit you to get under IT, How
Tar was the boat on the water al that
tirnef"
4 object" called assistant prose-
cutting attorneys. all in one voice.
Then started a long argument. the
jury having been excluded In the
meantime. Mr.. Boyce explained that,
ne wished to show by the wftness,
that the boat was above the low water
mark. and that the state of West V,r-,
ginia had no Jurisdiction over the rfv-l
er. only to low water mark.
Authorities Cited.
re quoted several authorities. Cit.
ing the case of Parry VS.. Fleming. Su.
preme court. holding that the bound
airy was low water mark. Also In case
Vi havenswood vs.. Fleming. that the
jurisdiction OF the state was ar low
water mark, Judge Brannen being th.,j
authority. Mr.. Mckee answered bvi
quoting the constitution, Article ? ana
Cnapter i. Section 2. OF the code Az
the decision in the case OF the s,.,s
VS.. Plants. in what he said was a s,,,,.
iar case. this ruling holding that W.,
tlrginia's Jurisdiction extends 20 a..
lar thest boundary OF the Ohio rtv.,-
"hen II is confined within its ba,t.
Astorney Boyce then cited the case
1l tne state VS.. Porterey. Judge nant,
hoiding that the Jurisdiction EXTENDED
20 low water mark. Mr.. Mckee thas
salu mat the question sbouId hava
oeen raised in a plea OF abater,sn,
ana that IL the Judge ruled th., ar
witness should answer the oues,,a,'
thai he admitted that his court haS
no jurisdiction. Judge Robinson tho,,
made his ruling that the wi,nss.i
should not answer.
On another line the witness said NJ.
WE had threatened to suicide ana he
NAG 10 nave liquor to settle his nerves
ana that he, with others, had hosn
boat. Ni"ueioerger
Fat Quilligan was the next wi,nas.
cailed' saying that he had stored Hono-
YIN tne boat. and that the liouor fhen
MItnIn the court room belonged 10 a
party OF mill men. He was subiactad
20 a. gruelliug cross-examipation hx
MT Earhart. which had not flnisbad
"hen court adjourned for the dav
The case win be finished TO-DAY
surprise is in store for the defense ~
Is animated. when the State starts az
reouttai evidence. Several forthwith
suminonses were issued YESTERDAY
evening, but TO whom. or what bearing
they VIII have on the case. was not
disclosed "oe
Federal officers attended the tr,s,
yesterday. and will likely bring the
defendant before the Federal Commits.
sioner. SOiAiiiis'