The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-10-11
MEZ ON TRIAD
FORSECON.DTINE
New Jury Selected to Try Case
After First Trial Results
in Hung Jury.

.
Hugh Metz. who was indicted
by the September grand jury fo-
a second violation Of the State
Prohibition Law, was before
Judge E. NJ. showalter in the
Criminal Court today for thelsec-
ond time in this term Of court. At
the first trial a hung jury result
ed. and a new jury was picked to
try the case.
Attorney Frank Amos. who Is
handling the case for the state
called the following witnesses:
Justice Of the Peace ]. L. Blocher.
Howard Charlton, deputy sheriff,
Constable R. D, Toothman and
County Jailer Frank Reed. They
testified that this was the second
otfense of Metz.
They also stated that on the
night on which Metz Is accused of
having the moonshine whiskey in
his possession, in company With
Prosecuting Attorney Frank Amos,
they met the II o'clock street car
from Clarksburg. Metz, in com
pany with two women, Miss Minis
Powell and Cora Walk ms, got off
the street car az Twelfth street
and Falrmont avenue, they testi-
fled. Metz and the Watkins NO.
man were carrying handbags and
they got into taxicab that was
waiting there aud drove down
Fairmont avenue. The officers fol.
lowed them In a car. and they
drove to the head OF Pennsylvania
and Maple avenue. where they
were overtaken by the officers.
The taGls was told to stop b.
the officers. At the same t'ma
Metx reached for something II h's
hnud bag and threw 1t violently
to the ground. The state then
shower in evidence a broken jug
and two bottles. which were al.
legged to have been throSn out h.
Metz reachod for something In his
meonshine which was found re-
naming inrthe broken necl: Of the
At this time Attorney ]. P. P.
0'Brieu, Wheeling. former district
attorney for the northern district
of West Virginia, who is defending
Metz, asked the. witnesses how they
knew II was moonshiue. They stat
ed they. know by the smell. When
asked what the whisky smelled
Ike, they could not tell. Attorney
Amos, for the state. objected. and
after long argument the evidence
WIS excluded.
Metz, when placed on the stand.
said that he was not guilty and that
he did not have any moonshine
whisky with him.
Attorneys Charles Brandon. Phil.
ippi, L. c. Musgrave, Fairmont and
: P. P. 0'Brien, Wheeling are the
attorneys for the defense and are
nutting up strong defense for
Metz. The case will more than
likely go to, the jury late this after
noon.
Judge E. NJ. Showalter announced
that this would be the last Jury
trial for this term Of court.
Members of the jury trying the
case are:
Forest sturm, W. C. Lishtner,
Joe Myers. W. A. Lawler, Joshua
Parrish, G. H. Clayton. George
Nichols, Loman Harris. Ben Am.
mons, R. E. Kerns, /. R. Nicodemus
and T. ]. Haskins.
Richard McKelyy, who was
found guilty Of the charge of In
clmidating witnesses during a trat
held m the office Of Justice ]. NJ.
Barrick Of Warrington and sent
enced to serve one day In the
county jail and pay a fine Of $50
and costs, was released today. He
was given ninety days In which
to pay the fine and costs. ID. Z,
After securing an acqu!ttal by
the trial Jury yesterday on "a
charge Of violating the state pro-
hibition law, Denver Ice was sen:
to the county jail by Judge Show.
alter on a charge OF contributing
to the delinquency OF a minor
child. 1t developed at the trial Of
Ice that he had given the child
moonshine whiskey and that his
relations were not proper, Ice,l
was released this morning. giving
bond OF $500 to appear before the
January grand Jury.