The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1921-09-30
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u SBSfore tiGchar ng the Jury tTy-
Ing the case q tl1st claude y etz,
M Criminal Court this morning.
Judge b. N. showaIter took accaE
ION to express the classification
cf the court With their failure 70
agree on 3 verdict.
The evidence that Rf&z had
yIolated the prohibition laws, ne
declared, was conclusive. that he
,gas surprised that they had failed
to come TO an agreement and he
further said, that II he knew posi-
lively that a ms1ority OF the jury
were for conviction, he would feel
impelIed to discharge them from
any further service at this term Of
court. The evidence offered By the
state, he said. established the guilt
IL the defendant beyond rason-
able doubt. in which case, It Is
the sworn duty OF the Jury to as
sjst the officers OF the law in puu.
ishing those who are guilty &ot
such crimes with which the defend
ant stands accused.
Metz will he plAesd en- trial again
next Monday.
} The case was gwen to the jury
yesterday afternoon. and after do.
lIberatEnE for several hours, they
were excused for supper. After
supper the Jury again failed to
sgree and At ten o'clock were lock
ed up for the night.
The first case to come Ur TOR
trial this morning, was that OF
Mort Lemley, who with three other
young men indicted by the grand
Jury. on charge OF robbing. the
store room Of the Fairmont Mining
snd Machinery Co. last August and
securin ga lot OF tools valued at
S67.33.
Five witnesses have been ex.
amined by the state and number
are to be heard for the defense.
Lemley's defense will be that he
was with the young men who rob
I'D the store room, but that he did
not know that that was the object
Of their to visit to the place. 10
claimed that Lemley stayed in the
automobile, and waited for !, thu
others who told HlEA shat they were
simply going into tie store room
for some tools that belonged to
them.
Assistant Prosecuting Attorney
John W. Mason. Jr.. is conduct
ing the prosecution and Lemley is
defended by Attorney L. c. Mus
grave. The trial jury is composed
Of. H. C. Pitzer, j. G. Hall. CLAIR
ence B. Atha, c. D. Arnett, D. G.
Barr. Frank Harris. n. L. Bell,
John Fleming, John De Bolt. F. a.
Williams. William T. Bell and D.
T. Britton.
Yesterday afternoon the trial Of
Willie Burgess on a charge Of
stealing a Colt revolver from the
R. L. Burgess rooming house In
Hull alley was held before Judge
S:lowalter ana a ;ury and resulted
Ina hung jury. Prosecuting Attor-
ney Frank R. Amos conducted the
prosecution and Attorney Harry
Cronin represented the defendant.
Burgess was charged with hav-
ing stolen a gun that was left with.
the proprietor OF the rooming
house for safe-keeptnS. Several
witnesses were examined and much
conflicting testimony introduced.
AtterSdeliberating for about three
hours the jury were unable to
agree and we're discharged.
While the jury we're oct, Blanche
Plat, one OF the inmates OF the
house, told the officers that the
gun was in possession OF Annie
peck, the housekeeper, and a gun
that it was claimed was the one
stolen was received from the WON
an. Meanwhile Annie Deck. the
Platt woman and Nettie Ross were
locked UP for an investigation OF
the nnixup.
Following are the names of the
jurors: Ralph Pepper. S, NJ. Fer
rell, D. t. Brttton. Andrew Prickett
T. A. Williams, Frank Harris, p. E.,
Anderson, Jerse Kennedy, ]. G,
Hall. Ray Hall. James Fast, H. G,
Pitzer,