Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-10-09
Frankfort. Sent. n


II Shocking EUent.--T'hat part OF
our obligation 10 ~ patrons which re-
quires US to give them some account OF
each extraordinary occurrence of the
times, now imposes upon US the unpiea
SAINT task of mentioning one ofihose sad
casastrophes, by which the repose ofour
society is too often disturbed;and which,
it is 10 be feared, will continue to scurge
this community, until the law in relation
to minor injuries TO the person, and
the feelings and customs Of %juries, shall
be so changed and altered, as to serve
more sffec;uaI!y as preventalives, while
they afford TO each injured Individual a
more speedy and certain prospect of
pie redress, for wrong suffered; and
thus remove the temptation and encour
sgemen, of taking the redress, which
the laws of society ought to give, into
his w hands. Il ci,izen of this town
a young man about 26 years Of age,
with a wife and ehlldren-Mr. Ruben
S. Gate was shot, uponthe public high
way, four miles from town, in broad
day on Wednesday last, and died OF
the wound at 8 o'clock the next NOR
ming. The account given Of it, by him,
IN the coarse ofthe evening, as commit
ted to writing by two magistrates of
the county, and publicly read in the
examining court on Thursday, was to
this effect. That he had beer with his
family To The house Of his father in:law.
hive miles from town, near the Licking
ton ROAM; and had taken with him a rifle
for the purpose of shooting squirrels.
On Wednesday morning. his wife be
ing unwel,, he started io,own, on horse
back, carrying the rifle before him, to
procure a carriage for her to return
home in. When he came opposite the
house of Thomas Major, ia respectable
farmer, living four miles from town.
ne saw John and Oliver IT. Major,
his sons, at work by the road side. He
passed within ten steps ofihem, neither
of the parties speaking. AS soon as he
passed them. he observed John Major
60 and take up a gun which stood near;
but Gale, thinking nothing ofth.t, KEEP.
on, without looking back; and had got
some thirty or forty yards, when he
heard the report ofthe gun, and felt the
smart ofthe wound. Turning bis head,
he saw John Major in the act of low
erlng the gun from his face. Gale dis,
mounted Immediately. Major fed 10.
wards his fathers house. Gale pursued
l4O or $50 yards, passing two fences;
when he found himselftoo weak to pro
coed, and returned to his horse; but
having become too weak to mount, he
proceeded on foot to Fosters tavern.
distant perhaps 900 yards, and as he APP
preached the house obtained assistance
and was helped in GATE saw nothing
in the conduct Of Oliver f. Major indi,
eating a participation on his part in the
act OF his brother. The ball was found
to have entered the small ofthe back on
the left side, passed obliqueIy through
the body, and lodged in the skin, two
inches TO the left of the navel. John Ma
.jOA hoo OCCtl oiiSoi~O bIiuCt tIIC CtidI1t
of murder, and after the usual course
OF examination, has been committed to
await a trial in the circuit court
Besides the statement of the deceas
ed, it appeared in the course ofthe ex-
animation that there had been a quarrel
between Gale and John Major, and
that the latter had said that Gale had
she'd his blood without u and be
woald have saiisfactioE-There is, we
have, observed though it did not appear
on the examination, an indictment
which has been continued once or twice,
in the circuit court, against Gale, for
a violent assault and battery upon the
person of Major; ia relation to which
public opinion was very much agains,
Gale.-Good laws, habitually well ex
ecuted, might have prevented the Of
fair Oh which the indictment is founded,
as well as The more terrible one, which