The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1918-03-21
State Uses West Vnginian
and Merchants Records
to Establish Date.

q 6LdICU SA&4I AaS4AAA 80 1890
uo the night before was offered into
Evidence by The state, but Judge Hay
mond admitted the newspaper into
evidence only to place the date OF the
robbery.
The testimony tends to show that
three or four difference dates have
been introduced into the case by vari-
Gus sides until a "sea OF dates" had
developed and picnic was at hand en-
deaYoring to straighten matters OUT
It appears that at the Preliminary hear
ing there was some doubt as to the
date, but testimony was given to show
II was December II. This dates here
after was carried by tie press. 1t now
deeylopS that the witnesses have have
got the date OF the arrest OF one OF the
Jones boys confused with the date
OF the robbery
no records were kept Of the robbery
because the perpetrators OF the deeds
had escaped apprehension for probably
a month or two after which time the
Jones brothers were accused and their
arrest followed. The state this morn
Ing. however, submitted the records OF
Joe Cantor, who positively testified
that by the entries OF sales on his books
that he can tell that November &c is
the correct date, which is verified by
the original account of the robbery in
The West Virginian. twill be remem-
bered that the officers got their tip
on the Jones brothers through the in
formation conveyed by James Camp
bell, who was then confined in the
Richie county jail at Harrisville.
Prosecuting Attorney Walter r.
Haggerty opened the case at 1880
O'Clock by addressing the jury. He
stated that the state would be able TO
show that Jones and his brother, Man
ueI, had held up Zaslaf and robbed
him.
Attorney L. C. z:assrave then adj
dressed the jury. He explained that
an indictment was only an accusation
and that the defense had no opportu-
nifty TO testify before the grand jury.
He dwelt on the fact that Prosecuting
Attorney Haggerty was endeavorinG to
eYade the testimony OF one Of the
states witnesses, who swore at a pre-
liminary hearing that it was "a moon
light night" The defense would prove
conclusively, Attorney Musgrave con-
tended, that Harry Jones was at Rives-
vile on the night in question. Up TO
this time Prosecuting Attorney HaS-
gerty had not mentioned the shift in
dates.
Isidore Zaslaff, the complaining wit
ness, who resides at go ogden avenue,
Fairmont, testified that he was held
up by Manuel and Harry Jones and
robbed of Sis and a 20 ieweled Walt
ham open faced watch. Zaslaf said
the highwaymen left him 80 cents in
change. He swore Harry Jones yelled
.dT. hA I1{O6UaIyTT0eAY1 IffnTs
they had robbed him departed toward
Four States according to the witness.
It was light night according to Zas-
Iaff due to the fact that there was
snow on the ground.
At this trial Zasiar testified that
the offense occurred on November &c.
He testified In the trial OF Manuel
Jones that it was on December IA. He
went to The West Virginian newspaper
office since the first trial and found
that the offense was committed on No
vember &c. A copy OF The West Vir-
gtn1an OF November q was introduced
as evidence. Judge Raymond did not
permit the item In regard to the rob
berry to be entered as evidence but only
the newspaper as means OF fixing
the date. ZaslaH gave details OF the
robbery. He testified that Harry
Jones had a handkerchief over his
face. Attorney Musgrave c7deavored
to confuse the witness as to the de-
scription OF Jones. zaslaff testified
that the revolver vas loaded. He said
that he recognized Harry Jones by his
voice.
Joe Cantor. n merchant Of Fairmont,
submitted his record book. which
shows he had been in Annabelle on
November &c, which is the night OF the
hold up. He testified that it was
Eight night" and there was almost
an inch OF snow on the ground on the
night IN question. Attorney Bell cross
examined Cantor who admitted that
occurred on Dec. 10, but when told It
was Sunday said It must have been on
the 10th OF 18th. Cantor denied he testi-
fled that the offense occurred on Fri
day. December q. Attorney Bell
spEauG q number OF QUESTIONS upon
Cantor In the way Of showing q lack OF
agreement between the testimony Civ
en- at the preliminary hearing before
the Justice and that given in the trials
Of the JonseS.
Cantor positively set the date as No
vember &c, but said he did not recall
that he testified before the Justice
that cit was December q" because OF
= particularly order" he had secured
that day. He would not deny that he
testified ut the preliminary cit was a
real moonlight night" Cantor on
cross-examination said that a man
could be recognized 100 feet away. The
departed toward Anna
belle.
Cantor was asked by Attorney Ben
Il he had been talking to anyone about
the case. He said he had not. He was
book with you then2'' Cantor then
explained that there were 30 many con-
ficttng dates submitted on previous
occasions that he brought It along in
order to secure tie correct date OF the
robbery.