The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-21
Fate of Agosta May
Be Decided Tomorrow

" xVI1lOA WV
wc,.id rather have n""n TN" v'i'"
than N1Ior'
At IN" 'th2, - al junr,""" "> "'-
rrusc. Prosecutor p.NoN, produces" 'N'-
dcnrc given H. Hoffman ~ the ""',
nick N.uiur.,,n trial wh"r" tn" deputy
sad "rarrrr laughed and ~ 1t h't-
testing manner told Maj"r ""r"ryinnS
WAS alright" when h. htd stopped ~
the read with h.S son In ia" t"'"
roadster hcfn-" vumlrS M IL tue r'''c
Of tho shooting.
,t,urt was adjourned Yesterday alter
noon at i.2u o'clock 10y lu"~" w y"
Cowan and Il recess was Gu"" ""''!
$50 O'clock FOR Night session"
Sheriff on Stand.
\, the opening: nt court last evening
"A, $50 o'rlvck. Th"rnhurE. al IL" ne
Tense. called Sheriff K. I. lNn'h. ="
the chair and cross questioned 'ih' ~"
the actions If Deputy Shor'tt Alex
Hoffman, the night before the '''a'
shooting. When called 10y IN" state
Yesterday m"ruiug Hoffman declare"
,ha: he accompanied Robert Farmer I"
the strip miro purely on orders from
tho >h.rift'S office.
The sheriff. hnW"N"r. "u 'r''S~ ~
miua;iun s,;d h- knew nothing ii ii"ti-
mans visit ~ the strip ml"" 1" $50
John |. Major untI tho evening III Mon
dav June Goth. the day prior |" the
shooting.
Then" tpr sheriff said, "F"rn"'
called nv" an an the t,lcplr"r" an" m
formed me- that he and Hoffman "er"
."ins M tn see MaJ"r At his n"m" on
The pike"
The state did no, rr-CNaminc sheriff
LYNCH and after his dismissal the de-
rens. introduced several bin" prints
and pho,ccraphir charts showing the
location al the various buIld'uSs and
o,bcr structures IN IN" Immediate
reighhorho"d % the shooting. The
latter set was composed "r Il small
photographs and Il large panoramic
view OF the place where the shouting
occurred. These were made tnd print
ed by Lawrence l'erren. ST. tlatraHilIe,
photographer.
The blue prints were made 10y W. l..
Herbert, civil engineer. employed by
Belmont county. They were marked
exhibit ~" and tended Ia SHOW the
exact outlay OF the land for the Ncneff
of the jury. Both the blue prints and
photographs were accepted 10y Judge
W. W. Cowan, as part at the evidence,
Of the defense.
Character witnesses
Following tho introduction ~ the
exhibits the defense brought in fiNo
character witnesses, all OF whom s"ore
70 the defendant having good char;tc-
ter. These included; Frank Stranses.
merchant.Ncw Lafserty. o; james
Azallion. postmaster. New Latterty';
Oliver Taylor. paymast.r. of the Elm
Grove Mining company. Geo. o., Larry
Moore, outside foreman, Elm Grove
Mining company. Geo. and r. X. Powell.
manager OF Uco supply company store.
at Geo.
Due to the fact that a large number
OF the defense witnesses were not I"
be accounted for Judge w. W. Cowan.
adjourned court at o'clock last even
ing. until o'clock this morning.
Both counsel for defense aud the pro
secu,ion expressed the belief last night
that the evidence would be all IN by
noon today and the case in the hands
of the jury by o'clock this afternoon.
Major First Witness.
CINde Major, who. was In The Ford
roadster ut the time ot the shooting at
john /. Major on the morning "t June
18th was the first witness called b.
the state In the presentation OF test
mony yesterday morning. Although On
the stand the day before. Clyde Major
repeated some Of tho testimony he gave
which proved to be similar I" THAI given
in the Ncntauratu trial The Younger
Major failed to mention the name Of
Dan AguTta. tho defendant.
Scott story, who was IN the Acton
car on tho morning OF the shooting. was
then called 70 the stand by the state.
lie related his having met Farmer and
Venturato coming up and being waved
back by Farmer. He also told Of hnv-
Ing mot Mike Muscillo at the bridge and
OF having been ordered 20 turn his ma
chine around and go back. He promised
To turn back and then The shooting be-
gan. Oa croSs-cxam!nation by Attorney
Shert2cr. for the defense, story said
Nentura;o VAS IN his shirt sleeves and
wore 4 straw hat. lie also told OF
STANLEY Kubiak jumping Of The left run.
ming board OF n" car. standing there
for shor; while and tiCa throwing
the magnet" switch on his car
Lindsey Arnold who rode ~ work
every morning on 4 gray horse. was
also ordered 20 turn hack by some man
by the name of Mike. presumably Mus
clio. He did as nc was hadc /" 10 and
rode back until he met tho three ma
chimes. There he stopped until the
shooting occurred aud bullets began 20
get TOO close ard he rantcrcd of home
Describes Shooting.
Wayne Bell. Lafferty miner. who came
10 work that morning in FrIzzeli's auto
said that he SAW AgoSta and NCuturato
get out OF automobiles on the hill. Tacv
came a part "t tn" way down and then
turned around and seemed 10 run back.
Bell stated that Mt the bridge he hear
someone say. You mon have been cut
ting our threats long enough. Here's
whore the fun ends" Sell stated he
was 100 feet away from tho scene when
the shooting occurred. lie returned t.
the top az ,ha hill in tn" Fr'zzell car.
picked mp Clyde Major. who was slight
y Injured. and brought him "a 4 Wheel
ing hospital Bell disclosed on CROSSE
examination, that he saw u slOcA!ly