The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-11-15
BITTERNESS MARKS TRIAL Of
CASE Of SE|bERT AND S|N|TH
i To The IntclliGencer:

Special To The Intclligencer:
PHILIPPI. W. Va, Nov. 14.-All
day today the federal court was occu-
pied in the trial of George Scibert. or
Wheeling. charged with a violation OF
the prohibition laws. 1t was noon be-
fore a trial jury was secured and dur
ing the afternoon three witnesses were
examined The case Will likely con-
tlnue over Sunday. Attorneys Bernie
Handlan. Joe O'Bricn and George
Senccke Of Wheeling. are defending
Seibert, while Assistant United States
Attorney Harry Byr"r and Joe Camp
bell represent the government.
PHII.IPPI, W. Va. Nov. 1.-THE
Seihert-Smith case was called in the
United States court this morning. Con-
siderable time was consumed by the at
torneys in their pre-cmptory challenge
of jurors Immediately after the
twelve who occupied the jury box were
sworn the first witness was called. he
being Salem Peters, one OF the two
brothers who, 1t is contended by some,
attempted to make their getaway yes
terday in order that they would not
have to apear In court.
In his address to the Jurors Prose
cutting Attorney ByrCr admitted that
the government would not be able to
produce direct evidence against these
men. setting forth that II was an extra
ordinary case and that both Selpcrt and
Smith were Of the high class sort and
the indirect disscminators Of the whis-
key by wholesale and that they en-
ployed the little fellows to stand on the
street corners and do the trick Of sup
plying your every want.
Attorney Handlan for the defense
assailed Prosecutor Byrer In his open
ing statement to the jury ana admitted
that It was an extraordinary case mas
much as it Is the first case with which
he had ever been in any wSy associated,
where the prosecuting attorney admit
ted that he had no direct evidence to
substantiate his contentious and when
this story Is being written ana from
what has already been gathered from
the testimony already given by Peters
a government witness. the prosecuting
attorney will have hard time to sustain
anything further than assumption and
evidence that will be subjected to rcbuka
and rebuttal.
The court sustained the defendants
counsel on all points raised and has
ordered the most imperative part Of the
written testimony stricken out. In all
likelihood the case will be long drawn
out. All morning was consumed IN di-
rect examination Of this one witness,
Salem Peters. and there Is no telling
just when both sides will get through
with him. The government have anout
twelve witnesses and the defendants as
many, including the mayor of Wheel
ing. II Is the opinion Of counsel on
both sides that the case will PROBABLY
go over until next week.
Yesterday tho two federal prItnassca
who II was reported had left in order to
evade tcstlfying for the government in
the whiskey case against George Scibcrt
and Harry Smith were apprchcndcd ut
Berryburg Junction about three miles
below here and brought back and paced
In the county Jail for safe keeping until
morning. Judge Dayton ordered an at
tachment issued for the two men, Sa-
lem and Lee Peters. and they were ar
rested. The reporter interviewed the
men in Jail and they maintain that they
had no intention Of evading the court.
but instead had gone TO Berryburg TO
meet q Greek friend. Charles Solomon,
and that when taken into CUSTODY were
on the way back to Philippi. If the
stories told by these men are correct 1t
looks very much as though some one
will get in bad. The story Of their go
ing away and their interest in this case
Is as follows. as told by these men in an
interview given today:
1--WE had no intention Of running
away. We were simply looking up an
old friend whom we understood was To-
Gated at Berryburg. The story of our
running away was animated by this
man Whaley. q sleuth for the Anti-Sa-
loon League. He Is the man who
threatened to put US in the pcnitentiary
II we did not testify against Selbert and
Smith before the grand jury at Elkins
last July. He was evidently anxious
that We should go.
Much excitement was caused in
Philippi when 1t was reported that these
witnesses had disappeared. Numerous
stories were in circulation ana diverse
opinions prevailed as TO the cause of
their disappearance. In conversation
with Attorney J. J. p. Q'Brien. counsel
for the defense. he said: IF these two
young men had not come back or been
brought back we would have moved to
have the case continued until such time
as we could have been able to procure
their testimony" Mr.. O'Brien said
that they were material witnesses Cor
them and Notwithstanding the fact that
they had been supeonaed by the govern
ment they would figure as a salient for