The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-02-13
COMEDY: AND
PATHOS DURING
BRACEY TRIAL
COUNSEL FOR DEFENSE MAKE AL
LEGATIONS IN TRIAL LAST
NIGHT WHICH FRovE A
BOOMERANG.
ACCUSE WOMAN OF MAKING NOTES
WHICH MATE1LIALIZE TO AD-
VANTAGE OF PROSECUTION
WHEN REVEALED.
TRIAL MAY COME TO SUDDEN CLOSE
R COURT IS CONVINCED DE-
PENDANT Is BEING TRIED
ON ORIGINAL CHARGES.

The scenes enacted during the trial OF
the case OF the State VS.. Smith FL
Braccy in the criminal court last night
bcEgared description. II was melo-
drama in which comedy prcdominated.
with a touch of Ioathos now and then
introduced unconsciously BY tho prose-
cutting witness, David McGary. an &c
centric bachelor.
While Attorney J. +. Handlan was
cross-examining Mctiary.Attorney Frank
O'Brien. one Of the array OF counsel rep
rcsenting Bracey. dramatically an
nounced that there was lady In the
audience taking notes of the testimony
for the purpose OF furnishing same to
her husband. who was witness Tor
the state. At the suggestion Of the
prosecuting attorney the jury was e1-
cused that tho matter might be investi-
gated.
Mr.. O'Rrien then pointed to Mrs. W.
R Covert, who was seated in the rear
Of the room with wo other ladies. Mrs
Covert when asked by the court II sne
had been taking notes OF the testimony.
rcnlied that she had not. She had a
pencil in her hand and when MI
O'Brien asked to see tho piece of paper
she had in her handbag she started 10
produce the paper, but was prevented
by Mr.. Mckee, who said she did not
have to show it.
The jury was returned.
Mr.. Mckee then took the paper from
the handbag and started to read what
Mrs. Covert had written. Counsel for
the defense objected. "Inasmuch as
you have started this horse play for
the benefit Of the jury" insisted Mr..
Mckee we insist that the jury know
the facts" Mr.. Mckee then read from
the paper taken from the woman's
handbag the words. 'Maligncr murder
Gus assassin Of character" Mr.. OBr1en
in his opening statement to the jury had
warned the jury against w. r Covert
one OF the important witnesses for the
state, whome he described as brilliant
but "maligner and character assas-
sim"
Many times during the trial McGarE
was on his feet proolaimlng with all the
earnestncss of Billy Sunday. with Attor-
| ney Handlan shouting for him to an
swer the question yes" or no" and the
| court rapping loudly for order. The
spectators did everything but applaud.
The defendant, Smith II. Bracey. ls
| charged with false pretense- 1t Is ~
legged that he induced McGary to invest
! several thousands Of dollars IN the
Howe Mining Company, Of which ne
(Bracey) Is president through false
REPRESENTATIONS. Tho first time Bracey
vas brought to trial the jury found hin,
guilty. Later on in O habeas corpus
proceeding the court held that the for
mer trial was without warrant of law.
| irasmuch as three terms Of court had
passed, through no fault OF the defend
| ant. before the case was tried The
verdict Of the jury was annuled and
| Bracey ordered discharged from the Gus
| tody Of the court
The defendant now maintains that
Bracey is being tried on the same
charge as Before and is therefore he'nS
! twice placed in Jeopardy for the same
offense. If. after hearing the states
case, tho court decides the present
| charge is based on the same set OF facts
| or in other words, that the defendant IS
being second time placed In JEOPARDY
! for the same offense, the action Will he
dismissed. If it appears to the court
| however, that the defendant is not being
| tried ON the same charge as before, thc
| case win be allowed to SO to the jury.
! The real thrills arc anticipated when
w r Covert takes the stand for the
state, which will probably be some time
to-day. At the former trial Govern
proved a remarkable witness and his
| frequent tits with counsel for the D.
tense kept the court room in ar
roar. The trial promises TO last Il
! several days. Representing the defend
ant are Attorneys J. Il. Handlan ano
Frank 4. O'Brier, Of this city; -. Is
Evans. Of Moundsville. and Attorney
| Dolph. of Baltimore. Representing tho
| state are Prosecuting Attorney d. n
Mckee and his assistant. Carl Bachmau