The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-09-27
lURY EXPECTED
.'F0.Gl !!
..THISAFFERN0DN
Case Against Peg Gray Goes
to Jury at 2:30 Follow.
lng-Trial Today =.

O'Clock this, afternoon and a yer.
dict is EXPECTED in a short time.
Gray is charged.in a Joint. indict.
ment with George Lilly with enter.
Ing a box car on the siding near
the Monongahela Railway Cos
freight station ,fnd stealing there
from a carton OF Beechnut chewing
tobacco and a bag of beans, val.
ucd at $1,000.
The case was called when court
opened this morning and after
Gray,Eho was to be tried first. had
ortered'a plea Of not guilty; jury
was selected to hear the evidence
In the else. Those placed on the
jury were F. E. Boice, W. L. Bal.
lab, u. A. Carpenter, w. J.. Moore,
A. K. Ghestney. George. Fleming,
G. NJ. Bowman, C. H. Clayton, Bert
Rice, L. W. Clelland, Allison .Mer.
ritield and H. c. Brumage.
Prosecuting Attorney. Frank R.
Amos represented the state In the
case and Attorney G. w. Bran.
don represented Gray. D. AS
Richie was named court steno:
grapher to take the evidence in
the case.
In opening the case Prosecuting
Attorney Amos told the Jury that
he would endeavor to prove that
Gray and Lilly met at Lllly's
home early in the evening before
the robbery took place, and after
drinking a considerable amount OF
gin, left the Lilly home at mid.
night and went to the river where
they obtained a boat. rowed up
the river and landed at the city
wharf, near the Monongahcla
freight station, The two men then
stole the goods and started to
take 1t home with them, recross-
ing the river in the boat. As
they were making the landing on
the. city side OF the river, a.
Baltimore and Ohio policeman
saw them and started TO make al
investigation. He caught and ar
rested Lilly with sack Of beans,
and Gray, who had not landed
from the boat pushed out into the
river and escaped. The city off,
GERS were notified and Gray was
apprehended a short time later by
Policeman Porter.
Attorney Brandon announced
that he would produce violence
that his client was innocent and
the case was started.
Mrs. George Lilly was the first
witness. She told OF the meeting
between Gray and her husband at
their home early in the evening
and Of drinking the gin and leaY-
ing the house about midnight.
Fred Hawkins, the next witness,
testified that he had seen a boat
going up the river between / and
2 o'clock and as he went by the
landing place he met Lilly and
Gray. He spoke to both of them
and Gray spoke to him. The next
witness, Policeman Wilson Of the!
Baltimore and Ohio force, testified
of meeting the men on the city
bank Of the river, OF arresting
Lilly and selling. the tobacco and
beans and Of Gray escaping.
Policeman Porter told of ar
resting Gray on the new river
bridge about an hour later. Lilly.
when placed on the stand, told
the whole story OF the evening.
Saying that Gray had told him he
had something over in the yard
that he wanted him (Lilly) to
help bring home. He told Of the
trip up the river in the boat, Of
meeting Hawkins and of Gray en-
tering the car and handing out
the sack Of beans to him, saying
that 1t was sack Of sugar. He
also told of Gray following him
with the carton Of tobacco.
Gray took the stand In his own
behalf at 1:45 o'clock and testi-
fed that he had met Lilly in the
evening and had gone to his home
and drank the gin, but from that
point on his story was different.
He said he left the Lilly home at
1880 and came to the city and
wandered around the streets from
that time on until the time he was
arrested. He denied having any
part In the entering of the box
car or Of stealing the beans and
tobacco.
The case OF the state vs.. Frank
Cisco is scheduled for trial next,
and a jury will probably be called
in this case late this afternoon.
Metz Jury. Dismissed.
The jury in the case Of the state
VS.. Hugh Metz was dismissed by
Judge Showalter at 10 o'clock last
night when It announced that It
was hopelessly divided and could
not reach a verdict. Seven OF the
jurors were for conviction and five
for acquital. Metz will face an.
other jury Friday when his case will
be tried aFain.
Cora Watkins, who Is also facing
trial In connection with the same
case, was the only witness used by
the counsel for defense with the ex.
ception Of the defendant himself.
The defense tried to show that the
whisky was the property Of the
Watkins girl. Mary Powell, the
third member OF the party, who ties.
titled for the state, told that the
whisky was Metz's and recounted
the manner in which the whisky
was purchased, the amount paid
for It and the fact that Metz sole
one quart Of whisky before he was
arrested by the officers.
r,,r nra-aovo ,,