The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-10-14
ANorarR swEARS he saw f1hf
cHInF COME PROM CITY MAN
AeERs OFFICE ON NAY "a

E,sS o'clncI Yesterday I!'"in"'h' ~
rext OF the Afternoon AMI 'N'niHS were
consumed by Judge Man IL. t|"@'"N""
and tho al; ties 9nd d"itr>' "'t"i"'!N'
In examInins III" instructors WAY"
JudSs Rohi i-rn is asked u S'N" -
Jury ArKumru;S Ola the ms rue O. ~
will bc finished th:s n"rr'"r' ana I''
!nstr...t. ms ~, b." G;"H'' ~" Jhff N',''
Il returns e. court II %" "''"'S th's
morning. Immediately after the nF'r"'
lions are completed. th' summing uN
~ m. eyidence viii hc started. am1 Il
II expected ,hat the "aS" VIII - N tHe
hands OF the jury AXE tbs "t:'"np N
or this evCnlng.
Chief Thompson. Whose ca L."
s.sr,sd In crimina; court oh Monday Oc-
tober 5, is charged wi;h aiding, b., .nS
and couuSel.!ng L. ". Re',vi!l". i '''rh
Of election n Precinct Of tn" second
ward THE Fort Henry Hose ii'isSh L.
cause a false return TO he made or the
vote cast il: that precinct In u" SeatT'l'
city election held May -. this year.
Thompson's vcupScl asks Iu':o Zoo
tnson to instruct the jury I" return a
verdict finding the accused ire 'hirt
not guilty. claiming that the ste i'i"-
dueed no evidence sufficient {" 81 Nv
that n return Of the vote IN lie pre-
according TO the contention q Attorney
T. II. RitS, Of Thoarr<on'S counsel, Nh"
rrots this Instructors. claims tlat the
htate did not produce any ccrt,t'at' n
thu trial showing that tho ColnUiSS,"n'
Ars made a lCtrrn OF the election. that
Il vas testItsG THAI no r"rttfra how
inR hat tho commissioners did ~.Ea ant
make q retuI" could br tour", AMI mat
I.ty Manager ,ipmrr 4. CraGH. WIN WAS
city ciork at tho time "t the election.
Gays that o certificate was hll"d out but
never signed by the commissioners.
For tho state, Prosecuting Attorney
Carl c.. Sachfnann. Assistant ProSs'u'
tor Austin V. Wood and Special states
Counsel John :. CnniE make the claim
that the presentation BY the state OF the
tally sheet from which tha vote WAS
rallied on 70 thu city c.crk when the bal
lot box was returned - sufficient er:-
dence TO show that r"turn or the Vote
h the preclnl: In question was made.
8sS en- instructions were presented To
Judge Robinson by the state and -
!AY tho defense judge Robinson will
Aot make public announcement OF the
Instructions he will give tho jurors un-
I'll they arc read 20 tho jury III court
this forenoon.
Rogers Takes JAN Penalty.
Appearing In court again yesterday
morning at $50 O'Clock. Claude Rogers
announced that he had decided TO stand
by HIS decision OF IN" night before when
~ WAS called TO tho stand by the e
fsnae not TO take the oath as n witness
and give testimony in the Thompson trial.
A ne announced "Wednesday night he
would os compelled to do II Rogers adj
AsrSd 20 this attitude. Judge Robinson
49, 10 ha
ana committed Rogers 10 Jail u await
the further order OF the court.
Refuses Second Time
IN the afternoon. Rogers was called
In from tho Jail al Il witness in rebuff
tai. for tho state For tho second time
during the day. he refused TO be sworn
and give testimony and was sent back
10 Jail.
with Rogers declaration at tho OPEN
tar Of tho forenoon session that he
would not take the oath and testify,
counsel for Burley Thomson announced
that the defense rested.
Tho rest OF tho forenoon and early
afternoon was taken up with hearing
PSopttal evidence OF the state. In which
the defense alibs Of Fire Chief Thorn
Ocn were coNtradicted. An hour OF the
afternoon session was taken up by the
QeIenS0 Win ohN - Wv
the last evidence was IN.
Judge Robinson At that time dismiss
ned tho jury. IN custody VI deputy
shsrtfSs, until $50 o'clock this morning,
With the customary caution no; 10 dts
cuss the case among themselves. or
with anybody else, or permit anyone to
have any conversation with them. De-
putty Sheriff Edward Minard had charge
Of the Jury during the rest OF tho after
noon and evening, and over night at
the Scamm hotel.
Fnompeon's Abb Bombardsd.
ContradictinY tho testimony given ny
Burley Thompson In his own behalf
yesterday afternoon, Walter Lelner. a
GillIEan worker at Precinct No. OF
the Second ward. yesterday morning
swrre positively that no saw Eurlcy
Thompson coming out OF ;he For,
Henry hose house in East Wheeling the
evsnInE Of the election. just a. 7in
o'clock. Thompson, tho day before had
sworn that hs was not In tho Fort
Henry hose house the evening OF the
election. and that he lei, the vicinity OF
that precinct very shorty after the
polls &ere closed at T:lI O'clnck. and
was back at tho Chemical engine house
on Eleventh street at about 80 o'clock
In view OF the fact that t. W. B",lv';i",
one OF tho poll clerks. testified tha,
rhon pson appeared In an u?-stai- room.
vhsra the ballot box ard raraphcrnalia
had been taken up to the t,rem"n's bed
room. and unlocked the ballo, box and
syitched a lot Of ballots, Loiners tes-
tInony that n. SAW chief Thompson
coming out Of thu hosa house at 40
o'clock vas ono OF tho most Staggering
blows struck by the state.
SAyN Thompson in Nose House
l.e:ner was questioned for TN" state
hy Prosecuting Attorney C"r! -. Bach
mann.
Leiner was a worker Tor Cii,.,Ean nj
the polls. ami n htS testimony u Ch"s
kafd that ~ hal spert ~ GAY working
rather hard and was preparing - go
homo at 10 when his at'cn,.p" was at
tracted - ThompS"0 coming ont =: tho
south door oS tia hose house.
-Hs walked over tn i!a edge 80 the
curb" ~. witness said. "aGd , saw him
start ,alh;a. "a J"hr l." De-; and NJ
lam Wilson. I =. Ss"d IN b.
Did you hoar any "t IL" c"n!"rsa-
tion- Attorney Buchanan asked.
None a, al"
Nov, ars you absolutely sure OF tho
time."
u had looked at M watch only a few
seconds before"
We'll what happened them"
There wa - an argument started wh ey
they wouldn't let tho challenger stay In
the house while the ballots were heinz
counted. saw some "t tic h"HS walk
down TO an automobile and start out ~