The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-10-02


cinsky had asked permission to store
his liquor on the boat: that he had
not paid a penny toward the purchase
OF the liquor: that he had no interest
In ~; that p bottles of beer had been
ordered by him from Mingo. He de-
MED knowledge of sale of liquor to
Harry Voitle; that since July he
had been operating a ferry boat. He
said he had no knowledge of any one
drinking beer on his boat. although
some OF his friends may have done
so. that the empty bottles found in
his possession had been picked up by
him and given 10 his little nephew to
sell to a rag man.
cross-Exsnnination.
Kindelberger was then grilled by AS,
sistant Prosecuting Attorney Mckee
in merciless way. He asked the
witness II he had not told Judge New
man the same story when he was en-
Joined by the Circuit Court. Mr..
Boyce's objection was sustained by the
court. Mr.. Mckee. however, scored
his point when he compelled the wit
ness to admit that he had been en-
Joined by the Circuit Court. He also
admitted that he had kept beer on the
ooathouse since the injunction. Mr..
Mckee then asked him TO explain the
many different kinds OF bottles that
were found in his collection.
The defendant said the bottles were
similar to those in which the alleged
liquor purchased by Harry Voitle was
In Attorney Boyce seeing another
client In the room. FASTENED to leave,
but the court refused to grant a stay
OF proceedings.
Philip Lavowitz. detective en-
ployed by the Fidelity Detective Agen-
cy. was placed on the stand in rebuff
tai by the State He said be and a
friend purchased liquor on the boat on
Sunday. August % He also stated
that he had returned to the boat on
August 20, and saw Beaver. the ex-
pressman. deliver beer on the boat.
although Beaver had denied Il. Attor-
ney Boyce tried to shake his story. but
was unsuccessful. Court took an ad-
journment at 1920 o'clock.
Afternoon Session.
Court reconvened at o'clock ana
Judge Robinson read his instructions
to the jury. Calling attention to the
Jurisdiction Of this county over the
Ohio River. the presence Of a prima
facia case. that should the jury feel
that witness was lying. that Il must
not consider the testimony given. and
further that they were not TO allow
personal prejudices to influence them
In the verdict
Attorney Charles Earhart opened
for the state. Beginning in an easy
way he spoke OF the jurors duty a.
regarded the oath taken. He said that
the question at stake was law en-
forcement. that the Yost law had
been placed on the statute books by
men regularly elected 10 the state !
legislature and that Il was a. bind !
ing a. any law that had been there 1
for years. lie spoke OF the record OF
Henry Kindelberger which he SAID
would not bear inspection. He re- |
viewed the evidence submitted He /
also brought out the variation in the !
bottles
Harry Voitle. he said Il come here
with no excuse for a law breaker /
Possibly he has broken a law. but yet
there IL enough good In any man not (
20 be held down on that account after ]
rs years Of right living" lie spoke /
Of the number Of Witnesses that had I
wi NRAN'A fNfA NANAMN MNUNN the MuuuT ]
on the boat In concluding he said
Gentlemen Of tho jury. I believe you /
VIII return a verdict and the scales /
from the eyes of Justice will not have 4
20 be renewed"
MI. Boyce then summed up the case 1
for the defense
We went into tho details Of the case.
bringing out the nucleus Of the evil
nj Nmn1 a. -.
the testimony submitted By Harry
Noiile lie ended By saying that he /
believed In the integrity Of the jury.
Mr. Mckee closed tho argument for
the state In a spicy talk Of about ten
minutes duration lie called attention
TO Henry KindeiberEer being a former
violator. and asked the question why
he moved his boat across the river i'm
mediately following the advent OF the
prohibition Law. lie also asked whyl