The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-10-21
EASE AGAINST HOTEL PRoPRIE.
TOR HEARD AFTER EIGHT
POSTPONEMENTS.
In Answer to Charge OF Conducting
S~peskeasy, Defendant Says per
sonal Use"-Drinks rs Bot
ties Daily.

After eight times OF postponement
n delay for reasons various Al Nee
ley, alleged in seven ways a bootleg
ger. stood trial before Squire J. FL
wood Hughes last evening. and is lust
as far along in the case as the day
the raid on his Water street hotel was
made. A jury OF six men. demanded
by Medley. heard the evidence and
pondered and wrangled for more than
an hour only TO give IL up and declare
themselves disagreed. the stand being
four for conviction and two for ac-
quital. The jurymen were Henry
Bayha. John McMasters. William
Stobbs. X. A. Holman. Jacob LOOMS
and George koehler. Another trial
will be held.
The trial began at 1880 last evening
with Attorney Charles NJ. Earhart for
the prosecution. and Attorney S. o.
Boyce for The defense. Deputy Sheriff
Lafayette Graner and Deputy Prihibi-
ton Commissioner Bert Phillips, the
two who made the raid last September.
were first called by the prosecution.
They told of having found about SO
empty baskets and several dozen emp
~ beer bottles in the old bar room OF
the Medley House. and OF finding an
Ice box upstairs with about % pints
OF beer in IL. besides several sacks Of
empty beer bottles in the back yard.
Both declared when questioned by
Attorney Boyce that they knew moth
ing of any sales of liquor IN the Nee
ley place.
Squire Wickham TestiHes.
Squire Walter p Wickham was next
called by the prosecution. He was
asked whether he had ever gotten a
drink of beef at the Medley place. He
answered that he and Medley drank
together in Neeley's private parlor
often. Wickham stated emphatically
that he a never paid Medley for
beer. and that to his knowledge no
one ever had. When asked about al
legged gambling rooms in the hotel.
Wickham said he knew OF none.
Attorney Boyce later made capital
Of Squire Wickham's testimony. as he
was the states, own witness. Attor-
ney Earhart e~ndeavored to prove that
Wickham had secured beer from Nee
ley outside the latter's private home.
which would prove Neeley a bootleg
ger under the Yost law. even il the
beer was given away. Wickham. how.
ever. denied that he and Neeley drank
beer together anywhere but in the
private parlor.
Pays Government Tax.
Before Medley was put on the stand
The prosecution introduced a letter
from the internal revenue Offices sta
ting that Al Neeley had taken out a
government stamp tax several months
after the closing OF the saloons In the
State.
When Neeley was put on the stand
by the defense he stated that he had
paid the government tax in order to
escape prohibition fanatics who might
prosecute him for drinking beer. Il
an a drinking man. said Neeley.
and / sometimes have friends TO
take a glass of beer with me. was
afraid someone might frame up on me
because I run a hotel" He said a
government nan advised him to pay
the tax.
All the time Neeley was on the stand
the opposing counsel tilted and close
examination was made on both sides.
Medley said that the great number
OF baskets and bottles about the place
accumulated because he neglected to
take them away. All his beer. he said.
was brought from Ohio in his car. a
barrel at a time.
How much beer Neeley himself
could drink was an important point
with the prosecution. and II was
brought out that about p bottles Of
beer per day was his average capaci-