Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-10-29
MORNING oeT. 90 .l859.7
Il M q TEE RS.

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s59-1he =Ste,Oart C'tss-Trial 4gaiin Posi-.
fo2eas-H Yesterday being the day appointed lor
he5trial. William Stewart for the nnr,lsr s,
his brother James Stewart, on the 1911, of Sc,s
tG!haer last, the court room was cro,,,Ja,, a
run,or that a new witness lad been found who
yEts:expeeted to make fresh tlevclon,no q,
.heissl.tened@the interest Of the people. aud +
was with difficulty that tlc deputy sheriff a(tcr
li'e llnglng thebell, could kcepthc bar5c,e,r
The court having bees, opened in the us,,,i
5torm AIR Russell, one OF the counsel. FIR tn,
prisoner, arose and asked for continuaucc.-
Inc prisoner and his counsel on tic day previ.
soaSy appointed, were really and insisted UPON n
triai:5 At TINT time the only difficulty seemed
10 DC TO establish the death of James Stewart.
upon any other theory thun at the hands of the
prisoner Now, he felt confident, even IF =nres>
sed lnto=a trial. of being able, not onlvzto=f,li,
establish the innocence of the prisoner INF n
ax the deed upon the very hand that executed
it. Ilc read from the 1i,t6lligenc6q. a rcnort of
the testimony OF Jumcs Mercer, given on. The
previous trial, and which differed widely from
the other witnesses. This testimony Stood
acne ana Tor that reason was not deemed s,lffi
cent, though 1t involved the matter in mystery
That mystery had been followed IN with re-
snits which inspire confidence ia lhoro,,ob
and complete verdict of acqu!ttal. Mercer
though seen in tho city last night, had abruptly
disappeared. "A summons lad been issue3i= for
hiil but he could MT be found. and Was NOT
present. court. On the ground OF the absence
==ot=1hls witness he asked for a continuancc, in
order to ascertain what had become OF him
NJ Russell then produced tho affidavit of
aslnes Marks, Of We!lSbuggh, who is nov living
very III With consumption. The affidavit con
s hriES, IN al measure, the testimony Of Mercer.
aud differs from the rest of the witnessrS Il,
TINT deponent saw, =on=the. evening in question.
S tyo men standing under one Of the =archw:vs
s et the Aarket House; one was Il very tall man,
MID struck the other and ran away; the man
assaulted staggered a few feet into the street
and tel. lie wassso surrounded by a num-.
berzol=pefsons, and deponent walked down.
the streetzand shortly afterwards learned that
William Ste@art had murdered his brother
Mr. Russell hoped ts.ut the u itness would be
;.6le to attend in the event. Of short delay.
Major Good, for the Commonwealth, said he
dlsineiined to oppose any reasonable motion
that seemsdto favor tic prisoners case. lie
would 6e=Yery glad If the defence could zeStab-
s stl=his.innocence, rs hey hoped to. do
BY general consent, the court then ordered
the case to be continued until the 18th day
OF next month, and the witnesses were recor-
nzed to appear on that day The prisoner
maintained the sarncunobtrusive and rather be-
wildered dcneanor that has characterized him
throughout tile whole aiIair, though ne fancied.
thathe looked little more confident yesterday.
~ Prisoner Esc0ped.-One day last week
\ man named Peppers was committed. to the
WaodSfeld, Ohio, Jail on the charge Of aidin.
in tearing down house. On.Sunlay afternoon.
says the SPIRIT, the time having expired during
which he could legally nc detained in Jail with.
out q trial, Esquire Patton despatched :. Consta.
he=to bring the prisoner before him. While
81 Constable was conveying him to the Sauircs
he became pnglstic and let drive with his fivcs
at the Goustable's mob. The Constable adFoitlv
w&gded of the blow with the but his ear, and
l}ti himself in q defensive position By sprawng
on atl#lours. This novel =manocuvrcso alarmed
Peppers that he tlisgsacefnliy and preciptatcly
rsiired from the conflict lie was last seen
waving his palm leaf and bidding an afFectionatc
farewell to the scene of his triumph.
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81 There are t:lreo feet Eve inches water
i, the chsnnel.of. the=river and falling. Every
thug a6optthe# tanding looks dull and sombre
and dreary. Thcrisw or the river is bieak
9ad wintry and highly suggestive Of desperate
determinations. Where tut short time ago
there We're giant oaks with outrageous shades
upon the hill sides, nothing isto be seen butt
dead leaves and bare limbs. The beautiful TO-
ilse of the Island has become brown, criSpedI
and Scar, aud the wind that comes down the
Elser sings doleful song as lit rustles among
tue !siten leaves and penetratcs the ventilated
#='Fossers of=the enterprising youths who gather
pee6les on the bars and hide stolen goods in
tie Island Tickets
~ Hare Iou Seer Broom e"=-Some
months ago, after a little hotel contrstenlps, in
=1ae city, q question of the above import was
pssyslent, aud even the words Of this heading
Were Fiacarded in the streets. morning CO: