The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-21
Court In Evening Session Yes
terday-States Case Rested
AT zoo in Afternoon
Attorney Lewis IN Attempt 10
Show Conflicting Testimony
Witnesses Absent

"
The ra>c ~ Dan AguSta, on 'rjal :or
murder III Belmont County Common
ll"aS cour; 1T st Cla'-Svillc, jw con-
acccion with tho shooting Of John I.
Major at New Jatferty on Jun" -. viii
probably so 10 the jury tomorrow after
noon.
Examination Of dctcuSe witnesses is
expected 10 Ice completed by 10 O'Clock
tomorrow morning. after which the ar
SumeU.S by tho state and the iCtcUss
will be heard.
Tho states ease rested ut 20 o'clock
yesterday afternoon. immediately after
tho announcements hy Prosecuting NJ
torney ". Z. niN"n. Attorney Earl l..
Lewis. chief counsel t'"r d"tcU,c recalled
Joseph oral IF, - at Joseph oral
Sr., tor cross examination.
On recall Attorney Lewis attempted
{" show that Ia the trial Of NrUturLto.
Young Oral testified that he saw from
y tp 81 men IN IA" weeds aud on the
road just in front &c hts hnm" 1T New
i.aftcrty On the morning at the fIttt
shooting. The young man testified yes
tcrday afternoon that he SAW from 10
10 Is armed men in front ~ his fathers
residence Oh the same morning. lie also
declared that lie had noticed two cars
IN particular. an Overland. said 10 TO-
long 10 Dan Agusta and I Dodge belong
!rS to another party. The ~" cars, 10
testified. contained about - incu wh.G
they moved away directly after the
shooting.
The Overland" ha told the court"
seemed 20 have all OF it's seats taken
up while the Dodge carried men on tie
running boards
When the cars pulled away Young
Oral said he Immediately went in TIE
house.
Older Oral resttfes
Following the cross examination Of
Joe Oral, IT,. the senior Oral was re-
called by the. defense and he testified
that Dan AgoSta at the time OF the
shooting was standing about 400 feet
away from the scene OF the tragedy.
lie explained. however. that the ac-
Cused man WAS in plain view Of every
thing going on despite the fact that a
two@story building. known as the min
Grs' hall interviewed.
The roll call o. witnesses for defense
at $50 O'Clock disclosed that only IS
out OF SO were present. The men wore
sworn in by Clerk Imhon and court
again went in session after a ten min
utes recess. The first witness for the
defense. Ben Shepherd. sr.. took the
stand at 2:i0 o'clock and the trial wa !
Shepherd declared that he was a res-
tdent OF New Latferty and at the time
of the shooting was an official In the
miners local at that place. AT the
Instance OF the treasurer OF the local.
he said he called n meeting OF the
miners for the morning Of June q.
on tho superstition that benefits were
to be distributed among thu miners
Just prior TO the shooting ne said
~ Gle Ia, 90
tho school house several hundred feet
away and saw men moving to and fro
on the roadway and near the school
building and ,muers' hall. These lie
thought were coagreSatiug for the
meeting.
Saw zoo Mon.
Lloyd Shepherd Of New LafEerty.
e neat nn the stand. told the court he
attended tho local meeting and had
seen about 700 mcu scattered through
out the immediate" ucighborhood OF tho
miners hall. He testified that ne saw
three machines come down the road
shortly after which 100 ren started
moving across tho cement bridge where
tho trouble later occurred. About IS
men remained sitting around the school
house and miners hall Shepherd said
he saw un guns in evidences anywhere.
John NaliSpva. New LaffcrtT, Ohio.
grocer. whose business IS located on
the first floor Gt the miners hal,
said h. was on the front porch OF his
store when the shooting occurred. He
said No saw several machines come
down the road and about out % mon
soon afterwards crossed ;hc bridge
leading 10 the scene OF the trouble.
Henry Friend miner explained that
nc had come 70 Tho miners hall 70 at
Tend the 'o+al meeting. After having
set around IN The Immediate vicinity
cr the miners hall for some ton or 10
minutes he started 20 return home. In
his testimony. ou questioning by the
defense. he made u" mention OF hav-
Ing seen any Of II" automobiles drive
MP.
on cross examination by Prosecutor
Dixon. Friend d,"'a-cd he saw two
cars cone up The road. Only one MAN.
no went on I" say. got "Ut of a ma
chine. This person emerged from the
second ear which was going in q west
crly direction, towards Joe Orars
home
The last witness 20 take tho stand at
the afternoon session Of court was Alex
hoffman. New I.aiierty garage man and
local deputy sheriff.
Some Of tRe men working AT the strip
mine had told he and Robert Farmer.
1t
that they were not loading coal. but
eNcavatins dirt.
Didn't Hcar Major Statement.
Asked by counsel roc defense II he
had heard Farmer say The red flag IS
hoisted up there" or Major say I'm not
living under the red flag. but under the
Stars and stripes Deputy Hoffman an
Sweryd in ia" negative.
On the morning OF the trouble !ioH-
man and Frazier went up 10 the mine III
tho formers car. Meeting some Ut the
men. Hoffman said several asserted they
wcr" not looking tor trouhl,, and expect
I'd 20 aDd none.
Ipon returning {" rear IN" mine
Hoffman discovered that john I. Major
and clyde Major had taken leave. cvi
IDENTITY 20 return homo. Coming back m
tuc road. Hoffman said. they overlook
~ nj