The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-11-28
JURY Acquitted
DAISY DEAN OF !.
ROBBERY CHARGE.
Ignored Positive Identifca-
tion Of the Prisoner by
Man Robbed
GHAs.. POWELL ATTORNEY
One Witness for the State
and Flock for the De-
tense.
CHAS. POWELL ATTORNEY

The case Of the Stale vs. Daisy
Dean, alias Daisy Jackson, alias
Daisy Meade. alias Daisy Major,
charged with robbinE ]. o. Fetty. took
up the time of circuit court on Friday
afternoon with Judge Raymond on
the bench. Prosecuting Attorney
II. r. Haggerty asked that the wit
nesses Of the defense he excluded
from the court room during the trial.
This was done.
The case was given to the jury at
5:45 O'clock aud the court said it
would remain twenty minutes 1t was
about 6:10 when the jury agreed and
It returned a verdict of not guilty.
Attorneys Charles Powell, and L. c.
Musgrave managed to throw enough
doubt into the jury box as to the
Identity Of the person who committed
the robbery to acquit the defendant
The accused received the verdict very
brilliantly and wanted to Jump right
out of court without awaiting formal.
tiles. A group of colored people were
on hand to greet her. Daisy Dean
had been in Jail since last June. Court
then recessed until this morning.
This was the first acquittal Of the
present term Of circuit court, having
been the third case tried. All of the
other cases involved confessions.
The case was outlined to the Jury
by the Prosecuting Attorney. He sta
ted that the charge was really that of
highway robbery. On the morning
Of June IA, Fetty sent to Connellsville
Do -Na11nak n
firm that owed him for coal. Fetty
received check for approximately
$20S and had 800 in cash and then
left on the return trip to Fairmont,
arriving Here at 10 o'clock that night.
After leaving the station he started
for his home on Maple avenue. When
he reached the Catholic church on
Madison street woman accosted
him and two were hiding in the off
set ct the edifice. The prosecuting
witness claimed that he was attacked
by the men and in the mixup Daisy
Dean thrust her hand into Fetty's in.
side coat pocket and stole his pocket
book. She then escaped through an
alley between Madison and Jefferson
streets. Fetty later identified the wo.
man as the guilty party. Fetty did
not miss his pocket book until he had
proceeded almost square
Fetty was called and his testimony
correspondent with the foregoing. He
swore that Daisy Dean was the guilty
party because she dived at him near
an arc light and he was certain that
she pulled the pocket book out of his
pocket. The empty pocket book was
found about fifty feet away from the
scene OF the robbery. Attorney Pow.
ell endeavored to confuse the witness
over the identification. 1t appears
that two women were arrested for
the same offense. Attorney Powell
tried to get Fetty to admit that he
was not certain OF her Identification.
Attorney Powell asked him OF anoth.
er negroes from CIarksburg had not
been detained for the theft. Fetty
said he first had look at the woman
from Clarksburg in the prosecuting
attorneys office and said that It was
a negress OF lighter color who had
robbed him. Then, he claimed, he
saw Daisy Dean and positively identi
fed her as the woman who had rob.
bed him. He was asked il the pros.
ecuting attorney had not threatened
to leave both women so IL he did not
Identity one or tho other within
short time. He said he did not recall
the incident. Fetty was the only wit
ness for the State.
The defense opened its case by
calling Attorney Il. ]. Abbatjcchio,
who had been counsel for Sister Da.
Wis, OF Clarksburg, who. was first sus.
pected OF the theft. He testified tina.
Fetty was not positively sure at first
which negress robbed him. Fetty
said, Il would like to see the woman"
according to Abhsticcino. Fetty had
the two women to sit down side by
side. At that time the witness said
In substance that 1t was hard to iden.
tify the woman. 1t was his recollec.
ton that Fetty had referred to the
night being dark. Later Mr.. Abba.
ticchto admitted that Fetty had posi-.
lively identified Iaisy Dean as the
woman.
Ruth Love said that she had been
with Daisy Dean at the time she was
supposed to have robbed Fetty. She
claimed that they had been visiting
Mrs. William Goodlow that evening.
Mrs. Goodlow and a number of her
children and others testified that
Daisy Dean was at the Goodlow home
on the night in question. A social
was had there and they placed the
night and the time by that event.
Velna Worthington was called and
testified that she knew a light haired
girl when she called Marie" AT
tcrney Powell endeavored to draw
the similarity between Marie and
Daisy Dean in appearance through
the witness. velna at the present
time is in Jail to answer charge OF
illegal selling OF whiskey. She said
Marie had burned the check and pa
pers belonging to Fetty.
Policeman Kip Fleming was the
next witness. He testified that Fetty
shortly after the robbery came up to
him at jackson and Jefferson streets