The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-09-26
HUGHMETZCASE
BEING HEARD IN
CRIMINAL COURT
Attorney for Defense Makes
Hard Fight to Have
Case Dropped.

The case Of the state VS. c. H.
Metz is occupying the time and at.
tention OF Judge E. NJ. Showalter
and a petit jury in the Marion
County Criminal Court today.
Metz Is being tried on {. felony
Indictment and II proven guilty
will be sentenced to serve from
one to five years in the state
penitentiary at Moundsville. Metz
Is charged with a second offense
against the State Prohibition Law.
Judge Showalter called the casa
at the opening of court this mora
ing. Attorneys Musgroye and
Brandon appeared for Metz, While
prosecuting Attorney Frank r..
Amos and John w. Mason, his as
sistant are looking fter Nhe
states interests in the action.
Attorney Musgrove moved to
'Quash the Indictment when the
case was called. He cited that tho,
Wording Of the indictment as re-
turned by the grand jury was, not
right and that the higher court
would not sustain a verdict found
upoh. the Indictment. Prosecute
ing Attorney Amos cited several
cases where the appellate court
had sustained similar indictments
and Assistant Prosecutor MRsou
annblnecd that 5lhe Indictment
was copied from an Indictment
that had been. appealed to the
higher court and sustained. y,
During his argument Attorlss
Musgroye quoted the following
section OF chapter lis, beginning
at line seventeen: "And u~Nn con-
victlon OF the same person for the
second offense under this act, he
shall be guilty OF a felony, and be
confined in the pcnitenttary not
less than one nor more than five
years" According to this Mus
grove contended that.it was not q
felony until his client had been
convicted for the second time.
At the close of the arguments
by counsel for both sides, Judge
Showalter overruled tho motion
to quash the indictment and Metz
entered q plea Of not guilty. It
was stated during the day that II
the jury found Metz guilty the
case would be taken to the appel
ate court for a test case on that
section OF the prohibition law
quoted by Attorney MuSgroYe,
A panel Of twenty jurors was
drawn and the following jurors
selected to hear the evidence in
the case:
George Fleming, P. B, Henry, L..
w. Clelland. II. F. Berry, J. D.
Ahern, C. NJ. Bowman, G. B.
Beatty. j. NJ. Cunningham, Bert
Rice and D. A. Carpenter.
D. A. Richie was selected as
stenographer in the case.
Prosecuting Attorney Amos
made the opening remarks for the
state. He cited the State Prohibl-
10 puo0ss o. pIBssI NJ AB1 uon
lenses and then read the indict'
ment to the jury. Attorney. MUS
grove made the opening remarks
for the defense.
The first evidence presented by
the state was the proof OF the
first conviction under the law.
Metz was tried and found guilty
on similar charge on March %.
1919, in Magistrate w. w. Coma
ways Court. Mayor Conaway7was
one OF the first witnesses. He
read from his docket the evidence
and conviction OF Metz in the
case tried before him when he
was a magistrate.
Other witnesses who testified in
the case at the morning session
were T. V. Buckley and ]. L.
Blocher. At the afternoon session
Howard Charlton, William Tooth
man and Frank Reed testified as
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