The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-11-03
CASES
ARE DISMISSED
JUDGE DIRECTS JURY TO RETURN
VERDICT or mot GUILTY"
Rules Out Part Of Evidence. Leaving
State Unable to Prove Charge
Against Attorneys.

What promised to be one OF the
most Interesting and fercely fought
legal battles ever staged in Marshall
county was brought TO an abrupt end
shortly before ? O'Clock yesterday af-
ternoon when Judge II. c. Hervey
made the following announcement TO
the jury.
Gentlemen of the jury. the State
comedies that II Is not able to make
case. You will. therefore. return a
verdict of not guilty"
These words terminated the case OF
the state against Martin Brown and
NJ. Ritz. two OF Marshall county's
most prominent attorneys. Mrs. Al
Moore. wife OF Al Moore. who is now
serving a life sentence in the prison
for murder. and Mr.. James Jackson.
Of Belmont county. charged with SUI
formation OF perjury in the trial of Al
Moore for the murder of William Arm.
When the case was called at
Moundsville shortly after o'clock the
court room was only partially filed
with people. The State was repre-
scented by Prosecuting Attorney Jas.
ID. Parriott. Judge Hervey was on
the bench. and the defendants had
lined up at their table FIVE prominent
attorneys. John Howard. of Wheeling:
d. b. Evans and ]. Howard Holt. Of
Moundsville; Judge II. A. Ritz and At
torney Russell X. Ritz. OF Bluefield.
Following the announcement of the
court, finding the defendants not
guilty Circuit Clerk Victor T.. Myers
drew up the following formal verdict.
which was signed by B. F. Sivert. as
foreman and assented to by the other
jurors We. the jury. find the defend
ants, James Jackson. Mrs. Al. Moore,
Martin Brown and J. NJ. Ritz. not
guilty as charged in said indictment.
count No. l." Following this Judge
Hervey announced that a nolle would
be entered as to the second count, OF
the indictment, and dismissed the de
PENDANTS from the custody of the
court IL will be remembered a de-
murrer To count No. 2. in the indict-
ment was sustained by Judge Hervey.
thus the nOlle.
Following the opening addresses to
the jury, by Prosecuting Attorney ]
ID. Parriott. for the state and ]. How
ard Holt for the defendants. the state
took up the case from technical
standpoint. from the evidence sub
mitted at the trial OF Al Moore for
murder. Court Stenographer Louis
Walters. OF this city. reading from the
evidence the greater part of the time.
The indictments against the de-
PENDANTS averred that James and VIII
liam O'Neil. who are now under in
dictment for perjury. IN Marshall
county circuit court. had given GER
tain evidence before the jury in the
trial OF Al Moore. Prosecutor Par
riOtt was unable 10 show clearly from
the transcript of the Al Moore trial
that they had testified as averred in
the No. count OF the Indictment. And
as Judge Hervey had previously hello
that only that part OF the O'Nei tes-
timony In the trial OF Al Moore, would
be admissible in evidence al the pres
ent subornation Of perjury trial. which
related directly and was substantially
the same as that contained in the
court records. the jury was directed
as stated above.
The following composed the fury.
u. p. Beer. J. w. West, Frank Fisher
j II. Crow. John McNinch, w. X
Mason. c. l. Howard. W. r. Fry. n
+ Sivert. John Mason. Walter Baker
and Cyrus Yoho.