The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-01-18
Many Leading Citizens Of His
Home City Attend as Char
acter Witnesses.

At 2:30 o'clock this afternoon the
state was offering testimony In re-
buttal In tile William Nusbaum case,
which will probaly go to the jury late
this afternoon.
Tuesday mornings Morgantown New
Dominion gave the following account
Of the William Nusbaun trial in the
circuit court at Morgantown:
The first state case of the present
term OF court to attract public atten-
ton was called for trial yesterday,
The defendant is William Nusbaum,
a we'll known Clarksburg merchant,
who has been engaged in business
there for the last thirty years. He Is
charged with violating the Yost pro-
hibition law, as amended by the Nc
Alloy bill, in that he transported
through this county quantity OF al
coholic liquor in excess ow one-half
OF one gallon. without having the
container or containers properly label
ed. There are three counts in the
Indictment, the language Of which Is.
in some degree, an expansion OF the
statute.
MIR. Nusbaum and his chauffeur
were arrested by Sheriff h. Z. White
and Deputy Sheriff Z. G.. Hunter on
the fourteenth day of last September.
The defendant and his chauffeur had
crossed the state line from Pennsyl-
yania, when the officers, acting on In
formation telephoned by mall car
rier, stopped them, and placed them
under arrest. The Nusbaum car con-
tanned five or six gallons OF whiskey.
quantity of beer and wine. all OF
which, with the possible exception OF
one pasteboard box, containing beer,
was labeled in some manner.
The defendant and his chauffeur
were brought to Morgantown and ar
raigned before Justice Barker. They
gave bond for their appearance to an
swer any Indictment returned by the
grand Jury. No Indictment was found
at the October term Of court, but the
grand jury at the present term. re-
turned an indictment against Nus
BAUM
The defendant is represented in the
trial OF the case by Attorneys George
NJ. Hoftfeimer, Lafayette C. Grille. E.
D. Lewis and William E. Norris, Of
Clarksburg, and Frank p. Corbin. of
aiorgantown. Prosecutor Charles A.
Goodwin is handling the case for the
state.
The Jurors are Warren Markley,
Daniel ]. Wotring, Frank w. Formaii.
Clarence Gapen. claud Davis. Reese
Baker. Lawrence z. Tucker. Jesse W.
Stevenson, w. G. Donaldson. George
]. Herriss. A. Frank Weltner and Fred
Hastings.
In the opening Of the case Monday
morning, counsel for the. defendant
offered a motion asking that special
Judge be selected to try the case. of
fering in support Of the motion an
affidavit in which II is stated that
Judge Sturgiss prepared and submit
ted to the prosecuting attorney the
form Of Indictment to be used In the
Nusbanm case. and that this form,
after being amended and revised
slightly, was used by the prosecuting
attorney and by the grand Jury in
making It's return Of a true bill. It
was stated in the affidavit by the de-
PENDANT that for this reason he did
mt believe that Judge Sturglss would
be able to accord him fair and I'M
partial trial.
The court was Of different cpin-
ion and overruled the motion. the
record showing both the fling Of the
aiidayit and the motion, and the de-
fContInued on page 81