Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-09-17
From the American Times.
1914 o-.
H,ornsrowN. september -, 1853


HAoERsrowN, September 10, 1858.
SEvESrn DAY.-The case of Robert Swami
was continued io-day-Judge Tyson presiding.
The court announced rule to govern counsel in
speaking upon preliminary and incidental matters,
allowing each side two speeches.
The sheriff having summoned forty tailsmen to
procure juror 10 supply the place of one who
was set aside on Saturday, MI. Price, for the de-
lence, asked TO be placed in the rightof challenge
where his client stood when the jurorwas sworn
Mr.. Harbine, States Attorney, suid he did not
admit the legal right, but having consulted VIII
his associates, he would consent to the PROPOSE
ton.
Judge Tyson remarked that he was pleased TO
hear the announcement, as it obpia'ed any diff
Guilty; and the defence was allowed four chailel-
gss.
There was but one challenge, when Mr.. Clag
gett w. Randall was chosen to supply the vacancy.
Mr.. Bowers, one of the juroIS' heretofore an-
nounced as sick, upon the testimony OF the veneer
able Dr. Dorsey, was excused from iurlher ser
vice. The other portion OF the tallSmen were
then called, and Thomas Boyd was choSen' thus
filing up The panel.
John Wolf was named 10y the court as foreman
OF the Jury.
The Jury was then called and regularly empan-
nelled. Mr.. Nesbitt (the able and courteous CLERK
of the cour) directed the accused to rise anu hola
up his right hand, when he lead the indictment.
The accused was placed in the custody OF the
sheriff. he having heretofofe been under BALL Out
regularly appearing from day to day III court.
| The witnesses were called, and number oil those
for the State were sworn.
Mr.. Gordon, on behalf of the State, made the
opening address 10 the jury. He spoke with much
conc;SeneSs and force OF arguments briefly sum
med up what the State expected TO prove, with n
view 10 show it n wilful and premeditated muir
der by Swann'S own declarations after the killing
&c. He referred TO various Authorities TO Sustain
his legal points.
foft left
a minute and detailed statement OF circumstances
attending the affair, from It's origin to its termna-
| tion-which he said would be fully sustained ny
the testimony. With view to show the charac-
ter of the parties to the melancholy circumstance
he declared the deceased deSperadoj and his
CLIENT brave, generous, magnanimouS, kind-heart-
ed, The circumstances which tie defence eX-
pected to prove may be summedup as follows:
| On the Odd of January, 1852, there was ball
at the Revere House, CGumberland,) where the
parties were in attendance. During the closing
dance, when number OF the ladies' had left the
floor Swami turned lady who was dancing with
Sprigg, and when he was attempting 1t agnln
SpIigg seized him by the arm, violently flung nm
aside saying TO him, what IN The nell are you 10
ling here Swami acknowledged he had done
wrong and apoligized. Sprigg then went into the
refreshment room, where he was violent in his
abuse of Swami, in the utterance OF loud oaths.
Swami was asked to go and speak with Sprlgg;
and said he would, if he did not apprehend
Sprgg'S insulting him, causing him to resent 1t by
a blow, and thereby disgracing themselves. SprIgg
was told in speaking of the ball room affair, that
Swami having apoogized, he ought to torbear
from denuncIatlonS, when he DENIED having re-
ceived any apology; and said he would take the
first opportunity TO spit in his face. On Saturday.,
the 9th, after passing Swami upon the street, he
| met him at The hotel, and in the presence OF sew
eral persons carried out his threat, and actually
splitting in his face. Swami was unarmed, whilst
| Sprigg had Bowie knife, some fifteen inches IN
length, and said Il Swami had crooked his finger
| he would huve cut his id heart out. Swami
asked friends TO take challenge to Sptlgg, but
they declined, in consequence OF mourning, by
doing so, diSGrunchiSement under the new Con-
StiIuliou. Swami carried q revolver; went IN
search of Sprigg, who escaping him by going INTO
doctor shop, and locking the door; iroln whence
he afterwards came, gotinto sleigh, and went oil
into the country. On the same day, Swami went
to consult a relative. Judge Perry,) about the
matter; inthe meantime suffering in feeling from
the indignity; and the Judge, alter talking with
him freely about the ALTAR, placed him upon his
word OF honor that he would rot commit 4 breach
of the peace. When,they next met, Swami pro-
posed 10 Sprigg 10 go INTO the stable, ana night II
out, with whatever weapons he might choose
alledgIng that he could not exist under pending
circumstances. This was on the day OF the lndig-
nifty. Swami then asked him to go up into No.
of the Hotel, and settle it by fight, whatever
mode lie might think fit. In going up stairs SprgG
asked him to so before, fearing an asSault-whlcL
Swami did. At the top of the stairs, they sal
down, and Sprlgg talked in terms OF kindess OF
Swann's brother and others; and san he would
apologize, if Swami would say that he didnot in
tend the turning of his lady at the bail as an in
suit. Sprigg repeatedly said that Swami was a
coward, or else he would have shot him, or other
wise resented the insult, wien spit upon; and that
he had made Swami go up stairs before him, least
he should cowardly assault him IN the rear
Swami next went 10 the office of. Philip Rowan,
and solicited INN TO bear challenge. lIr. Row.
an reasoned with him; told him of the impEopLiety
OF the thing that if he should dos so, he would lay
himself liable to be told by Sprgg, that lie
(Swann) was no genlleman-declne accepting,
and involve him (l&owan) in difficulty with
Sprgg. The case of Richie and Peasants was
talked cf at this interview, and Swami concluded
10 adopt the same course. This was after the III
terview between Swami and Sprgg, on Saturday,
on Sunday, the 25th, wrote challenge, proposing
to Sprigg to meet in Virginia, ON the 18th, the
next day, alone, and dropped 1t in The box at the
Hotel for him. Next day, Swami went 10 DR..
ScoIay's Office; loaded double barrel gun, and
borrowed pair of pistols of him, intending to &c
to Virginia. Swami said he did not want to kill
Sprgg, and if his (Sprigg's) fire should miss, he
would fire in the air. Swami went 10 Virgin a,
but Spriggs did not go, alledging that he wanted q
regular challenge, when he would use knife and
quarter the S-n of b-h. Swami was Sorely
distressed, and said he could not exist unless tie
matter was settled. On Tuesday, the 9th, DR..
Scalay undertook reconciliation, and Sprigg agree
ing wrote an apology, but Swami objected 10 some
portion Oft Swami then wrote an apology, which
he waited Sprgg to sign; he refused to do So Mr.. s.
NJ. SimmS, upon special request, wrote an apollo
gy, which Swami agreed to, but which Sprigg also
refused to sign. Swami said he must sign II, and
that he would give him honr TO do land if de-
clined he would shoot him. 1t was again taken tc
him, and spr.gg signed it. Swami expressed him
self highly grItfetI, and was writing an acknowl-
edgment of that fact to Sprgg, when seeing him
pass the door, he ran out, and cordially shook him
~ the hand. After remaining in Cumberland
aGouta week, he went 10 Hagerstown. On the
Sd of February, the apology was published, with
note appended by Swami, 10 which Sprigg took
exceptions, and branded him as coward and a
liar in repeated conversations with different per-
sons. In coming 10 Hagerstown, frienG in the
cars refused to speak 10 him, (Swann) because
SrPigg had told him Swami had made the apology
10 him after the insult On the 9Th of February,
he returned TO Cumberland; he sent SpGigg let
terabout tbs publication of the apology, offering
HI. Eaasnr, .Inil,n