The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-10-03
STRONG DEFENSE
IS MADE IN The.
ELECTION CASES.
SHERIFF HATFIELD
CLEARS UP POM
Arguments to Be Deliver
This Morning Case to
Jury by Tonight. :.

HUNTINGTON, w. Va, Oct. 2.-At
GAO O'Clock tonight the prosecution in :
the case of the government Of the
United States vs.. r. L. Simpkins ana
others charged with conspiracy in con-
nection with the conduct Of the gen.
eral election at War Eagle prectnct IN
Mingo county on November 4, Sl9l4,
rested its case in re0uttal; AL eyt .
dence is, now in the record with the
exception of an agreement between
counsel, to be made at the request CT;
Judge C. A. Woods, as to an authority
fixing the hour for sunrise at war
Eagle on the day of the election. &s,s
1t is expected that the arguments
before the jury will be made Tuesday
morning and that the court will de-
liver its charge to the jury before
nightfall, by which time, it is hoped,
the case will be in the hands Of the
Jury before which it has been on trial
since one week ago Monday. Accord,
ing TO present plans the case or the
United States VS.. Greenway Hatfield
and others. indicated on s1mitaE
charge in connection with the conduct
Of the same election in Rock House
precinct in Mingo county will be call
ed as soon as the War Eagle case Is
out of the way. :.
Strongest Showing. Z
The defense made what many con-.
slider its strongest showing today
when Robert L. Simpkins, the first
named defendant under the indict-
ment; Greenway Hatfield. sheriff of,
Mingo county and brother OF Gov.
Henry D. Hatfield and Mrs. Robert L.
Simpkins, wife Of the defendant, were
placed on the stand. Sheriff Hatfield
testified among other things that the: !:
release of Harrison Toler from the Z
Mingo county Jail took place On Sept.
26, and that the appointment Of NIL
lard Browning as an election officer
at War Eagle precinct was not made
by the county court until some time In J,
October. He frankly admitted that he Z
asked Tom Hatfield 10 go on the bond
of Toler, explaining that he did
because he was sorry for Mrs. Told
felt that the man would not run awa9yN
and was presented from going on the
bond himself by an order Of the court. j;
He said that Toler's second release,
subsequent to his having been sur
result of the failure of the grand jury
to return an indictment against him.
Mr.. Hatfield explained the appoint:
ment of so called pistol deputies as
being usual in Mingo, Mcdowell, Mer.
Ger, Logan and per h'aps Fayette5
county, where the caare---7ofk.:f9 r: ~
heavy and the absence of municipal
governments places much of the bur-
den of law enforcemnt on the office OF
the sheriff The sheriff denied az q
whole and in detail the charge Of col.
spiracy brought against him in the in.
dictment.
Not Competent Witness.
District Attorney William G. Barn.
hart, though stating that he had no.
objection to her being allowed to tes-
tify, raised the point that under the
law Mrs. Robert l.. Sim pkins was NOT
a competent witness in case In
which her husband was defndant.
The court ruled that in any event her.
evidence was competent as to the
other defendants. Mrs. Simpkinsf
denied generally the stories related byf
government witnesses concerning fnci-
dents in the alleged conspiracy IN
which she was supposed to have ,dg.
ured She was not cross examined. tg
In rebuttal the government brought
in a number of witnesses for the pur-:
pose of proving the reputation Of Noah !.
Lester, Belle Lester and Linko BIan.
kenship for truth and veracity. ALL
of these witnesses, some OF whom
stated they were relatives OF the Deo- :
pie in question, stated that the reputa. !
ton of the men and the woman, for I
the truth and veracity was good and
that they would credit their state.
mentS made on oath. -