davidaulloa/AmericanStories huggingface dataset:
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08
aSa!ns, the accused and . general bslisf

dbSAAs az NSe"S
In his guilt"
State V. weisengor. IS W. Va. I'll.
tSyllabus).
Judge Williams. who wrote the opin-
ion in the case. on page 27s. uses tho
following language:
w know that influences, even
though silent. may so permeate a COM
munity as To make their Impressions
upon the jury. and thus e~ndanger the
chances of a fair and impartial trial.
Few jurics can be found who are will
ing To defy public sentiment by rem
dcring IN unpopular verdict. especially
in a doubtful case. and a fair trial en-
titles the accused to the benefit of all
doubt. Notwithstanding the burden was
on defendant to show TO the satisfac-
tiun Of the court good cause for a
change Of venue. and was required 10
do to by evidence" of facts. and not
by the mere opinions Of witnesses UNI
supported by facts, still defendant has
fully met and discharged these require
mentS. He has proved such q state or
facts. circumstances and conditions as
: entitled him To have his case remove
TO another ounty for trial"
: The facts and circumstances shown
in the case under consideration make
out a stronger case than the one just
referred to. am Of the opinion that
,Sc court erred in refusing to grant the
defendant a change Of venue.
: can see no error In the court hold
Ing that G. Guild. VIM. q. Hannah and
G.. l.. ogden were incompetent jurors.
or in the rejection Of Charles r. Null
doom. Joseph f.. Rogers and Frank
Row.
can see no error in the ruling ot the
, court permitting the ballots. poll books.
: tally-sheets and testimony Of witnesses
Z as 10 how they voted in precinct No. J
at said election.
; can see no error inv the courts
ruling on instructions eXccDt the one
! prepared b.: the court at the request
of the defendant. This instruction wass
I objected to nv counsel for defendant.
and ! am inclined To think pronerly so.
3 The instruction does not clearly define
! what a return" is. and ! fear had a
tendency 20 mislead and confuse the
jury.
am inclined TO think. therefore. the
B court erred IN refusing 10 set aside the
verdict and grant a new trial.
] For the reasons herein Indicated. I
am Of opinion shat the judgment OF the
, Criminal Court should be set aside and
. reversed. The demurrer to the indict-
men; sustained and the case remanded.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08
DASHED TO DEATH
Continued From 7age one.)

cred from the shock and thrill Of TINS
tragedy when the second accident came.
Parachute Fails to Open
smith. a professional acr"naui ma"
,lready made two successful para
chute leans al various attitudes dnrImt
h,e afternoon. on the third attempt
tho parachute was seen 10 "pc slightly.
Their close up tightly. Then the acrn-
laut dropped like q piummcl. taIlins
lust outside the fence OF the" grounds
Smith. who'll years Of age, had been
giving parachute exhibitions at falrS
throughout the east for the past ten
wears and was regarded as on" or IN"
hest In his line. TWO years K while
attempting Il paraChu;" drop from an
,~eronlant at Lynn. Mass. h" fell 500
feet and was severely injured.
Plano Goes n Nose Dive
Lieutenant Maynard and his tw" COM
panions crashed 70 almost in-tan, dea'h
when their plane went into a nose dive
., an attitude Of two thousand feet ana
fell to earth.
Lieutenant Wod aud Charles Mion"ttc.
yho with Lieutenant Maynard. COM
Drieed IN" personnel of a "flytnG circus.
wen, M today As passengers. R"th
were instantly killed. Lieutenant May
nard, who pilo;cd tn" plane. was breath
ing when spectators rushed {" the
wreck. hut died on The way TO the hos
pital.
Mail Pilot In Nose Dive.
Indianapr Ills. Sept : w alter j.
Smith. of OAK Park. Ill. air mail pilot,
VAS probably fatally injured al the
Indiana state fair grounds this after
noon when his plane fell into II nose
dive. shortly after taking off with NAL
for Cleveland. ohio. Smith was rushed
to the Methodist hospital. whore Is was
said his Chau," to live was slender
Thousands Of far visitors witnessed
the accident.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08
WILL GET
LARGER QUARTERS
Present Housings Are Too Small To
Take Care OF Cases At
state Fair.

Realizing the Inconvenience expert
sn"ed b., the nurses in charge OF the
Red Cross First Aid tent owing TO lack
Of room. officials OF The West Virginia
State Fatr association are planning to
move the nurses into larger quarters
during the fair Of 1923.
During the present state fair the
nurses have done exceptionally good
work. Three ladies' are on duty from
morning until night and more than
several scores of cases are attended
daily.
The quarters this year consist Of a
smoil tent and II Is who'll yinSutticient
10 take care Of mothcrs and their babies
and sick cases.
The fair officials plan 20 move the
nurses to the exhibition building. whore
the first floor can be devoted to trSt aid
work and the second floor for the moth
crS to take care OF their babies.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08
SLAYER SUSPECTS TELL.
ABOUT FATAL SHOOTING

Toledo. Sept flames Roberts. one
~ the suspects held in connection with
the killing OF Detective Dick Martin
and the shooting OF Detective George
Bach Wednesday afternoon. admitted
firing two shots IN a local garage Will.
he and his two partners were making
,thetr getaway. Thu statement was made
a. the inquest held by Coroner {. j.
Hensler.
Frank Mandle. the other suspect. told
the coroner he was the driver of I'll"
automobile used by the fuGttires. and
that neither ne nor Joe, IN" unid"ntit"d
dead man found in the machine after It
was abandoned. aud VIII" wai Killed 10y
Detective Bach. had fred any shots.
Both Roberts and Mandl" wcr"
charged with first degree murder when
arraigncd in police court today.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08

early afternoon crowd was Swcl'"d per-
ceNtihly.
lao O'Clock. So great was the thr"nGs
of humanity SurEirG through the lair
gat>s nj north bound traffic on Front
and Penn streets was practically suS-
pended
II was only through the efforts OF
more than n score Of policemen that II
was possible to keen the thronGs NOV
ing. The congestion At tn" gates de-
vsloped despite The most elaborate pre-
cautions on the part OF tn" police 70
prevent II.
\ dozen or more special ticket sellers
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08
ILLINOIS Il / Al
RAILROAD WANTS

Experienced NJ a c inists.
Boilerrakers, BlackSmiths
and Car Inspectors to take
the place OF men on strike.
Permanent positions. wages
as authorized by the Cnlted
States Labor Board.
Applications II ; dereo
from Bo!lc-maSers accus-
toned to high pressure
work. Also high class Mach
lnists without Railroad ex-
perIence. Free transporta-
ton. board and lodging.
Shipments daily.
Apply direct 10 Company
Representative at room ii.
McLain Building. 40 18th
Street. Wheeling. W. Va.
or 5l26-2T Jenkins Arcade
Building. Pittsburgh. Ia.
Aug25-m
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08
o S~ALE-FAENS.

LAND SEEKERS! ATTENTION!
SO 10 $50 down starts you on 20. 10.
or 50 acres near thriving city in Lower
Michigan. Balance on long time. Learn
how We help you get a farm home.
Write today for FREE illustrated book
IL, giving full Information. SWlGART
LAMP co. S-l@45 First National Bank
building. Chicago.
Aug24-25-26-3O Sept 1859
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08
NOTICE

The Public Health Council will conduct
it's next examination for licrnSurs OF
physicians at Huntington on October
10th, beginning at 500 ~ NJ.
For further information address ". Z.
Henshaw. NJ. D. State Health Com
missioner Charleston. Sep;s-g
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08
LOST AND FOUND

LOST-On Thursday afternoon at Fair
Grounds. black wallet containing $40.
Finder pl ase return to John J. Camp
bell. .Ir.. "T"5 Wood Street and receive
reward. ScptS-h
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08
DlE1|

MCKEEN-On Thursday. september 1th
at 2:2O p. m. at the Wheeling Hos
pltal. MRS. LtCYARELLE Nc
KEEN. in the 5Sth year OF her age.
services al her late residence
40 Twelfth Street. on Saturday. Sep
TENDER 9th a, - o'clock noon. Friends
Of the family invited |" attend. In
,ermcnt at WarroCk. Ohio.
IySN-On Wednesday,, September t
1872. a, mao =. m. at her late resi-
dence. No. 100 North Huron street.
ETA LYNN. vii" Of William 6.
LYNN. in the iith wear of her age.
E'uneral from the residence, Satn' y
afternoon at %" O'Clock. intcrmcnt
Greenwood cemetery.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08


q canvass!ng board, must hrst determine
that the ballots. poll books and certih-
Gates before them are ee-.!hr. and mai
they ar" certified In form and manner
substantially according t" the require,
mcnts uf tn" statutes. to correct an"
have them put in form II they ar"
no So. and that they are. IN '"c'' an"
in law. IN" returns Of the "'''''""'
Rlzi.' y. Commissioners. - w. Va,
o,o o., ,,,L,r,
"r, =. ,hc du,, Of tho hoard of can
- ,v,Tri,o tho ballots. poll
va ~ han ,,d" ccr,irr, laid
"ot "',, ~. hating thcm in
~ ,,.r ordcr as shall
49, - "r,r,rc ,,rrer, returns
onI ,nar,, ,Lc ,r,o result Of the
-
r - ~ y, ao2-
~ tOuinion1.
csr,.,r h,r. h.or ur,h,. ,o find any
d,roc, ,u.ror;,, ar decision nv our court
hearing directly upon what constitutes
n 'rcturn". and | nave found none. hut
from an examination of tn" authorities
above cited. | have reached the con-
clusion that the returns" of The cleo
ton are the ballots. poll books, tally
sheets and the certificates.
That being true. is 1t necessary for
the Indictment to ~ NOR" specific |
am inclined to HIM So. I am Of the
opinion that the Indictment should
specify in what particular tn" return
Is false. True II is not necessary Ter
N" stat" I" aI'cE' an 81 IN" ets,.v,
tncy expect !" PIeN'", ""' s.5
iaSts must u" aIIrec" !" '""!. n
riain'F INFORM inc "'i'huf"' " -.
charges against him' =" 'ha' W. ma!
nave fa1r opportunity ~ P'''"'' ' "'
ucfenS".
state VS. l.fh'h, - W. Va" co.,
stat" W. N"himou'h' - " '"''
iO1.
Rurkis IS state b" ; - luz. :.
! nlt"d states W.. hr'''""' ''' i
:. b'".
Change Of Venue.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08
FOE SALE
STOLEN

sTOL.EN-Ford touring car. Ohio license
6S2.2Oc. Monday noon. Sept. 4. from
parking place 10th and Market. Wheel
ing. Reward for information or return
Of car 70 William Wren. bridgeport.
Ohio. Cali Bridgeport 7li9-Rll.
Scpt6-i
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08
ATTENDANCE RECORDS

CONTINUED from page one.)
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-08

,ion are called tomorrow in court FOR
d,.pnsi,ion Proectuor Eachmann state"
he ia no, know as yet whether n"
would p,ss the ~retrial of Nail or not
Nail. the first man brought /" IRA"
was accused Of having
knowingly and fclon!ouS'y ''u>ru u
false return to he made Of ia" results
of the vote cas-, for = =. 'i'l.iH"n IN
Precinct; 2 in the second ward les,
,imony Of the stat" was that Ha'I ,nu
{ W. Rr,lyillc. a fellow clerk at the
precinct with Nal. aided Rnrl"N IA"m'i
son in substituting for actually VOC"
ballots. a large nImbrr OF ballots M''"-
ed for a particular slate. "h''A '"'N ~
poll clerks had previously signed. h'"-
villc turned states evidenr"
Pueblo chieftain., 1922-01-24
IMPROVED METHODS
IN P. 0. SERVICE

The decentralization plan OF the
postal service greatly lessons the minor
matters that in the past had to go be-
fore the Washington office, according
to local post office officials.
Minor questions such as complaints
OF the service, and questions which
arise in the second, third and fourth
class post offices, are now referred to
the central accounting office for Colo
decision rendered from that office is
final. and the findings sent to the in
qutring party.
Central accounting offices are usually
distributed only one to a state, but in
the east they are sometimes more than
that number of each state. Denver ia
the cenral accounting office for Colo
rado. The minor matters from first
class cities are not handled thru the
Denver office.
The plan was installed in Novem Der.
and improvements have been added at
regular intervals, until now much OF
the red tape, delay and duplication in
CURED by tho old method OF handling
the minor matters all thru the Wash
!ngton office. Is avoided.
Pueblo chieftain., 1922-01-24
Critcher Theater Tonight

Norma Talmadge will he the star at
the Critchcr theater. on Northern ave-
nue., this evening in n Russian story.
"Panthea". Tho plot is that of a
young Russian pianist. who. suspected
OF Nihilism, escapes to England, where
she falls in love with struggling
composer. They arc married and sct-
tied in Paris, where Panthea's hus-
band tries In vain to got hearing for
his opera. The many disappuintments
Impair his health and the physicians
declare that he will die unless his ann
bitiuu 10 hHvo his opera produced is
realized. For the sake OF h"r hu--
band Pauthca makes % compact with
an elderly admircr who has great in
flucnce in musical circles. Her sac
riricc brings about the triumphant
production Of her husbands opera. but
AZ tho moment Of his great success he
discovers tho manner In which PAN
thea induced her friend. the Baron. TO
exert his influence.
This situation leads TO ono or tho
strongest dramatic climaxcs over seen
on the screen and I'm the end panthca
and her husband arc rcconciled just
as tho long arm Of the Russian secret
police stretches out from Pctrograd to
seize its prey in Paris.
Pueblo chieftain., 1922-01-24
INVOICING STOCK

Austin Gavin, sdmnistator ~ the
estate OF tho late T. II. Foley. has
taken charge OF the lumber yards on
Elm street in Bessemer. and now has
!. force OF men engaged in invoicing
stock. Mr.. Gavin announces that he
Will continue the business policy in
augurated and so successfully conduct
ed by the late 7. II. Foley, and that he
VIII be ready for business Thursday
morning. January IS. Mr.. Gavin Is no
stranger in Pueblo. and will be well
remembered in pioneer business circles.
Nearly thirty years ago he and tho late
Mr.. Foley started the present lumber
business at the corner OF Arroyo and
Pine street, and after Mr.. Gavin's re-
tircment the lumber yards were con-
tinued up to the present time by Mr..
Foley. Mr.. Gavin has the reputation
OF being snappy, live wire business
man, and he declares it his purpose TO
push. the Foley Lumber company TO
the front in Puoblo's business circles.
Pueblo chieftain., 1922-01-24
PEN1ER DENIES ALLEGED STATEMENT

creating and taxing our own districts
and making flood prevention posi-
BILE" / added that we were asking
nothing else and could see no reason
why We should have any opposition. \
member of tho Denver delegation was
standing by and said to me That's fair
enough ard I'VE are for you, BUT
that's juss what We are after-that is
the right to bond ourselves in the
northeast part OF tho state to bond
ourselves and tax ourselves for the
building of the Moffett tunnel" ! then
answered II the tunnel bill is presented
at the legislature in the way he said
and not taxing or bonding tho entire
state but creating their own districts
1 could see no possible reason why We
should oppose II.
DID NOT SAT- THAT THEY
WOULD, BUT DID SAY I WOULD
AND I SAY RIGHT NOW THAT
WILL vote for the bill II It is present
cd in that way. As stated before l
AN FOR FLOOD PREVENTION
do not want to sec another disaster
come that viii again wipe out the mar
chants OF Pueblo like the terrible hap
pening OF last June. The flood hit
home with our family. 1t Ia needless
to say that the stores OF our family
numbering seven individual businesses
We're entirely destroyed over night
lNhN IL idu ltheN years pl nara NpT n
TO accumulate.
WE WANT TO AVOID THIS-YES
WE MUST AVOID anything like It
again. And II It becomes necessary to
PLAY POLITICS for the very life
blood OF our community perhaps we
had better yield-fF HOWEVER the
bill f. to be presented as stated above
to bond and tax themselves
NOW FOR FIGURES
I am told that when the extra se--
sion is called we will have little over
n Negsl quorum present REMEMBER.
TO pass q bin on third and final read
ing we must have constitutional ma
iority lor in plain words 81 votes. This
Is no easy task. We must have the %
ayes"
My idea is tc lot nothing stand in
our way for immediate prevention Of
future floods and I sincerely hope that
my many friends will look at this in
the right light.
Sincerely,
MORRIS A. PESTER.
Pueblo chieftain., 1922-01-24
ATTEND STATE MEET
OF B. AND P. WOMEN

The following representatives from
the Pueblo Business and Professional
Women.s club attended a meeting of
the state executive board of the Or
ganization held in Colorado Springs
sunday: Miss Florence Crawford, Colo
RADIO national vice president; Mrs.
Edna DeLons. second vice-president of
the state; Mrs. Essie benson, director
and Miss Alouise Gaynor, chairman Of
publicity The other four clubs in the
state represented We're, Denver, La
Junta and two from Colorado Springs.
Plans were made for the visit of
Miss Lena Phillips. national executive
secretary, who will be in Colorado in
March. The matter Of raising the an
nuaI state dues from ten to twenty
five cents was discussed at the meet
Ing as was the place of tho next an
nual state convention which is TO be
held IN May but no decision WAS made
regarding it. Changes in the constitu-
tiou We're made.
Several other cities In the state have
plans made for forming clubs and will
probably be organized by carly sum
mcr.
Pueblo chieftain., 1922-01-24
FIN AND FEATHER
CLUB TO BANQUET

Or. Benjamin Mathews. OF Denver.
viii lecture Thursday night at the an
nual meeting of the Fin and Feather
club. in the banquet room OF the Steel
Works Y. NJ C. A
Members OF the various clubs Of the
city are Invited to attend.
\ report OF the meeting OF tho Colo
rado Game ana Fish Protective asso-
Ciation. held in Denscr on January
Is, VIII he made. G. ". Porter presi-
dent OF tho Fin and Feather club. Is
a director OF the state association.
Officers for tho coming year win ~.
elected and plans for next season will
be outlined at tho Thursday meeting.
Pueblo chieftain., 1922-01-24

To the Editor Of The Pueblo Chiettain:
Since returning from Denver my at
tention has been called to the article in
The Post N regard TO the Moffett Tun-
mel and myself being quoted as saying
that The Pueblo Delegation would hook
up with Denver in putting over the
tunnel bill.
WANT TO TAKE THIS MEANS
OF EMPiIATICALLY DENYING this
statement and for the benefit OF the
thousands OF voters who so literally
gave me their vote at the election last
fall I want you all TO know that tho
statement was as follows: 1 was ap-
preached by a newspaper reporter. a
gentleman whom ! have known for a
long time and he said Morris. how
does IL look to YOU "Well' said l.
There Is one thing we are going after
wnen the extra session is called and
that is the right 10 bond ourselves
Pueblo chieftain., 1922-01-24
Five Bids Opened
For Bridge Contract

Five bids for the construction of
the Nyberg bridge across the Arkan-
ssts river were received and opened
by the board OF county commissioners
at yesterdays meeting.
No contract was let. and will not be
until the bids are carefully gone over
by the board committee to which they
were referred. and the county en-
glneer. together with the county at
torney.
No other business of importance
was transacted by the board except
the auditing and allowing OF current
bills presented IN regular form.
Pueblo chieftain., 1922-01-24
OFFER LOVING CUP
FOR HOBBY SHOW

hibitlon at the city ''Y" as the highest
award of the Hobby" show TO be
held in tho Boys department next
Saturday afternoon and evening.
Entries include animals. stamp and
coin collections. games and practically
everything the modern boy enjoys.
There viii be over 80 exhibits, It IS ex-
pected, when the day for making en-
tries closes on Wednesday.
Admission tickets were issued to the
boys Monday afternoon. each boy re-
ceiv!ng a number of tickets TO distri-
butte to his parents and friends. "a
admission will be by ticket only. The
exhibit win be open from 8 to 6 o'clock
in the afternoon and from : 10 .
o'clock in tho evening,
Pueblo chieftain., 1922-01-24
THE PUEBLO CHIEFTAIN
OBSERVATION-DISCLOSURES
TILL SUCCESSOR ARRIVES

it has always been customary. accord
ing to local officials for the post
master to continue in that capacity
until the newly appointed postmaster
takes up his duties.
The appointment reads that the
postmaster shall proceed. with the
duties until his successor is appointed
and takes up the duties, and in some
cases that is several months, as in the
case of Bellesfield's appointment,
which took place in october. after ehe
expiring of the term of Walpole in
March.
The ten applications for postmaster
We're investigated and it Is stated that
they are now in Washington for ap-
proval, and the selection of one.
Bellesfield has held the office of
postmaster for eight years.
Pueblo chieftain., 1922-01-24
Engineers Move
Back to Headquarters

Fourth district highway engineers
who for the past four week. have been
doing their office work in tho office
Of County Engineer c. A. Reccc. yes
terday moved back into the library
quarters of the Pueblo county court
housc that suite Of rooms having been
vacated by the adjournment OF tho
grand jury.
OF course tho law library, such as II
IS. IL Still there hut lawyers and
court officials coming In after books
or stopping there to read them. do not
interfere with tho craftsmen and blue
printers. m neither is noisy bunch
and there is room for both.
Pueblo chieftain., 1922-01-24
BURGLARS GET Sal
FROM A POOL HALL

Burglars entered the Perkins pool
hall at 3l9 Northern avenue some time
Sunday night and took slI from the
articles.
W. X. Perkins, proprietor. said he
had left n pair OF gold cuff links, with
other small articles in the cash regis
ter and when he opened the place he
found the glass transom over the back
door was broken indicating tho manner
in which the thief gained entrance.
Pueblo chieftain., 1922-01-24
This Is Last Day Of
''Thunderclap" Here

"Thunderclap" the fascinating
william Fox special. will receive it's
final showing tonight at the Majestic
Theatcr whore Il has drawn crowded
houses during the entire week OF its
presentation. "ThundcrClap" IS OF the
type Of pictures. with
more realistic action in It than in any
picture shown at the Majestic Thcater
for many. many weeks. II is ono Of
those oucr-secn- -ncycr-tU- forgotten
pictures iu which . horse race Is the
uf an Hlmust unhrukcu
series Of genuine thrills,
Pueblo chieftain., 1922-01-24
Weather Conditions 10
Other Cities In the West

Weather reports OF several cities IN
Colorado and adtori .ng Htatcs durins
the ~ hours ending s O'Clock vester-
lay morning, compiled frwn 'tltistics
furnished by tao weather bureau of
Pueblo chieftain., 1922-01-24

The appointment OF S. S. Bellies
field, as postmaster of the Pueblo
postoffice expired Monday night, but
Pueblo chieftain., 1922-01-24
We Write Burglary Insurance

Residence and Store Burglary Also
Auto, Fire and Theft.
THOMAS ]. DOWNEN.
s22 THATCHER BLDG.
Pueblo chieftain., 1922-01-24

Mrs. Margaret Anderson, sixty,
Of Sioux City, Iowa, has arrived in
Washington after walking much of
the way from her home to seek
President Harding's aid in obtain
ing the release of her soldier son,
W o is serving a term in the peni-
tertiary for an offcnse during the
war.