Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1858-10-19
4 rial OF Oscar IA yern ler she Murder of
RIuryt a nm nIantonS5 Efl

RIury ann nIentony -
The case of Oscar Myers, charged with the
murder of Mary Ann Montony,.on the l4th Of
Nay last, came up for trial yesterday in the
Circuit Court 1t is needless TO say that John
Burns was convicted Mt the last term for this
murder, aud suffered the extreme penalty Of the
law on the Sd of September last The pnblie
are already abundantly acquainted with the
facts in connection with the case. Col. Wheat
and g. L. Gran,ncr- appeared for the prisoner,
and Major Good for the Commonwealth. A
Jury was empanelled, composed Of the following
gentlemen: JOS White, John Gray. o. D..
Thompson, John Materhouse, La Vhartons
WIN. Rigby, Geo. MendcI, H. Gray, John Stew-
art, f. Smith, b. VIII flock and N, d%ards.
The Clerk ofthe Court read theindi :tmept,and
in answer tic. the question, are you guilty or rot
guilty, the prisoner responded, firmly, "Not
guilty" COL Wheat and Major Good made
brief introductory addresses, urging upon the
jury the importance Of the case about to be
presented for their decision.
Corone. Day was called, and testified TO tire
finding of the body, the nature OF wounds, &c.
His testimony was substantially the same a
that given upon the trial of Burns John W.
Smith also testified same as before, as did John
Chalk, John Farley aud John Rodenbaugh, each
detailing how Burns beat the woman, but none
of these witnesses saw Myers do anything.
Mu,y Ann Smith, Stcoym.-Was up on the
hill the night the murder was committed; Burns
struck Montony with handy-bily; took the
billy away from Burns and gave tito Myers.
Myers gave it back to Burns, and said-"Here.
goon with your work" Burns kept on striking
the woman.
John Laughnaan, StcOrn.-Was not present on
the night of the murder. Went up with Burns
and Myers next morning; Burnsand Myers told
me to go and see il the woman was there; i
went and saw the woman; when came back
Burns asked which was the whitest me or his
shirt; Burns started to where the woman was;
came away; Myers went along the fence aud
Burns joined him. & i
jus. Riddle, StOorp.-Went up on the hill at
. o'clock on the night of the murder and staid
Till 4 o'clock. Burns called to the woman Mon
tony, to come and lay down beside him, when
she moved up lipIe; he called again, when
Montony said she was near enough; Burns said
id you, WHAT'S that you say and struck her
with his fist, then he struck her with billy.
Mary Ann Smith got the billy from Burns and
handed it to Oscar, when Oscar handed it back
to Burns. | left town with Myers aud got to
steubenyie the next day,at noon; from there,
started to Pittsburgh; Oscar said to me, you
ought to have been up and seen me and Burns
knock that wonan's brains out; he SAID it was
in the morning that the brains were knocked
out.
Riddle testified in addition to the above, that
after Burns had beaten the woman severely with
billy, he (Bufns) gave Myers a knife and told
him tosopen it; Myers did as requested and
Burns took heknife and commenced cutting the
woman. In leaving the hill altcr the bloody
deed was supposed to have been accomplished,
Myers said: Hadn't ace better go and getaa
shovel and bury her." .a3
The evidence being closed, Major Good ad-
dressed the Jury, briefly stating The law and
the circumstances by which they were to be
governed il finding verdict. eIIe\was fol.
lowed by Mr., Cranmer, and Col. Wheat, both
OF whom made able efforts for the prisoner
At the conclusion, of Cob Wheats remarks the
Court adjourned for an hour 0ill. 2 o'clock.)
Myers is rather6e!O% the medium height, and
is about nineteen years Of age. lie has small,
quick restless grey eyes, lght-hair and is rather
spare than otherwise. He bears a. most,'strik
ing and remarkable resemblance in feature to
John Burns, deceased. During the exauliua-
ton Of the witnesses, the pr Toner lo5ked and
acted like an ordinary spectator, who.had no
great interest in the proceedings but was anx-
ious to hear what said. While Mr.. Gran.
mer was speaking he would slant his best Tar
up to catch every word of hope, ndsthe, least
movement Of Col. Wheat, who sat beside him
would attract his attention and he would torn
nervously about assif expecting to hear some.
thing from that gentleman Finding hun
looking quietly in another direction the prisoner
was again all attention to the speaker. iButfor
his for6idding countenance, the prisoner would
not have been selected by a stranger as the
person whose life or death was being decided.
The Court convened again. at I o'clock, when
Major Good made q closing speach Of an hour
or 50 in length and the case was submitted to
the Jury, after an able charge from Judge
Thompson. s.es
The Jury retired in charge of he:sheriff' IS
fUls i. ,