The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-05-12

FOUND GUILTY
IN j. s. COURT
WHITE SLAVE CASE ENDS IN CON-
vIoTToN or CLAEKsBU1G Man
WHO WILL BE sEMTENcED
"WEDNESDAY.
GLADYS Niliott, the woman In the Case,
WIN Now 10 Tried o. Charge
OF Perjury.

GLADYS Hiliott the woman In the Case,
WIN Now 10 Tried o. Charge
or Perjury.
w. r. Hutchinson, formerly of. Clarks-
burg, w. Va, was found guilty. In the
United States district court Tuesday OF
violating the law known as lhe Whits
slave act, as found in an indictment
by the grand jury, and upon motion OF
his attorney, j. ]. p. O'Brien, sentence
was deferred until "Wednesday afternoon
TO enable Mr.. O'Bricn to file documents
In appeal.
The charge was that Hutchinson had
furnished money for the transportatiOns
Of Gladys Elliott, a recently marie"
woman, Of Clarksburg. w. Va, to Mas
ontown. Pa. on January 6, 1920 Tor
immoral purposes.
Mrs. Elliott had been called before
the grand jury to testify In the case ana
her testimony was entirely ut variance
with that Of host Of other witnesses.
She was indicted for perjury. AFTER
giving this testimony and her tr1al
will come up later on.
The case was bitterly contested from
start to finish by the assistant district
attorneys, H. H. Byrer and Charics
Campbell and the attorneys for the de-
tense, ]. J. p. OBrien and l.. a. Cole
man.
Mrs Elliott denied she had been IN
Masontown. but the testimony OF tha
fcmaIe help, Minnie Stesh, waitress.
and Kate Magda. q chambermaid, seem
ed to be the convincing wedge tnat
brought the verdict. The Stesh woman
claimed that Gladys Elliott looked -
Young she thou Sht the girl WAS Hutch
inson's daughter, and took the trouble 10
look over the hotel register.
She was surprised to find they were
man and wife. according to the entry OIL
the register. ,,,,. -,
Mrs. J. A. Henry, of BentieyTilie' ia
called for the defense. Tuesday morning
and testified that the Elliott girl spen!
the night of January S, 1929 at hef
home. w r,o~,,,
burg, was called TO testify as 10 money
that Hutchinson was alleged to have
owed Mrs. Elliott and for which she
had brought suit in his court, Squire
Kidd stated he had never heard or any
such suit and in answer to question
about Mrs. ]. A. Henry's reputation 1oi
veracity. said 1t was bad:
Ed Elliott. the husband. was recalled
on Tuesday morning as was his wlie.
Gladys Elliott. on unimportant poihts
I and the case was closed.
Assistant District Attorney Campoeli
opened for the prosecution ana passe,,
the case In review before the jury ana
nrred them TO consider all Of the points
in the testimony infinitely. before arrlV-
inT Mt n verdict He alluded to the
money sent to Gladys Elliott TO her
mothers home by Hutchinson. under her
maiden name OF Gladys Johns anu on.u
".Nny married woman RECEIVING money
from another man, at any home othe.
than her husbands. is under suspicion
Attorney ]. j. p O'Brien made al
eloquent plea to save his Client anu
claimed that the whole case was merely
a network OF suspicion in which me
government had not one fact to SUP
stantiate It's claim that Hutchinson was
guilty. ,..,, o
charge against. his client was that OF
participating in thS transportation o.
that II the couple had met At Mason
town accidentally. while she was on her
way to visit friends in Charleroi, Pa.
the man was not guilty.
Brilliant Argument.
Assistant District Attorney II. II.
Byrcr closed the arguments and ms
speech was the rivet that finished the
building OF the verdict. -
MT. Byrer did not mincc matters in
speaking Of the charge or the crime anu
to Mrs. Elliott, his remarks were far
from complimentary In concluding he
asked that the jury ind verdict OF
guilty In order to uphold d law that was
built as a safeguard for the descent pco-
pie OF the community.
Judge Dayton's charge followed anu
was liberal. defining the charge OF trans
portation OF a female from one state
to another for immoral purposes as a
violation Of the white slave law.
lie then instructed. the jury that they
must believe beyond all reasonable
~ no defendant
fore finding a verdict Of guilty.
The evidence could be direct or cir
cumstantial or either, or partly either
The jury was 10 be the judge OF the
yeracity OF witnesses and not to be
moved by assertions Of counsel. but must
rely on it's own Judgment. guided by the
rules of the law.
IL the Jury had reasonable doubt after
going over the case, II the members
felt uncertain as TO the guilt, If they
believed any reasonable man would have
doubts. their verdict must be not
guilty.
The jury was then taken to the jury
room where they remained about one
hour when the verdict OF guilty was
brought in. ,
Attorney O'Bricn then moved TO ses
aside the verdict and asked for new
trial but Judge Dayton warned him
that he thought tho verdict In accord
ance with the evidence.
Mr.. O'Bricn then stated his grounds
for demanding new trial and Judge
Dayton overrulcd the motion saying:
THE only fact given is that Mrs.
Elliott procured two dollars from her
sister just before sho went away on
this trip. The evidence shows that she
was spending money TO carry on n liason
within 80 days after her marriage.
The two dollars may have been 4
blind or she may not have had enough
money 10 make the trip. l am satisfied
that this man sent her money more than
once to take her to Pennsylvania. There
Is not the slightest doubt but that this
man and woman carried on the most
odious relations. Motion overrulcd.'
Attorney O'Brien was then given until
Wednesday afternoon to prepare to file
his appeal
The girl. Mrs. Elliott. who had been
indicted for perjury. remained in the
hall outside of The court room door
until the verdict was brought in. X
1, nNH