The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-05-16

citizens from all parts of the count,
that reward should be offered by thu
commissioners.
On the suggestion being brought tc
the attention of the Court, his Honor
Judge Acheson, speaking for himsel
and his associates on the bench, sale
they would heartily join in the recon-
mendation, and accordingly the com
missioners promptly decided to offer 8
reward of one thousand dollars for the
apprehension and delivery of the mur.
derers.
At an early honr in the morning
the Sheriff proceeded to the residence
of Mr.. Dinsmoro and ascertained from
Mrs. Dinsmore that the offence had
been committed by two mon, ono o.
whom, she stated, was of full size and
the other n short man. While there he
was also put in possession of the heel
ofa boot, which had been picked up
near the house, and which had evident,
ly been lost by one of the gniltY parties
From this, as well AS from other facts
and circumstances given him, he was
led to fix suspicion upon Robert
EOgler, and returning to town ar.
rested him in the grocery store Ul
James Montgomery, in Phoenix Row
during the forenoon, where he was
foundquietly sitting by the stove. I'm.
mediately after taking him into custo,
dy, the house of Mrs. Widely, with
whom he boarded, was carefully
searched, and pair of muddy pants
was found hung away carefully under
some other articles of clothing in a kind
Oflumber room attached to the house
a pair of boots that had been evidently
very muddy and recently washed or
was also found thrown up in the loft
and on taking them down it was dis.
covered that one of them had lost Il
heel, and on applying the heel which
had been found at Dinsmore's, it was
found to be perfect tit, the pegs in the
heel corresponding to the holes in the
boot exactly. On being informed
that this strong evidence OF
his guilt had been ascertained,
Fogler at first endeavored to
explain them away by telling the Sher-
i'll that he had on the previous after
noon loaned or rather hired his coat,
pants, boots and pistol, to a man named
Johnson from the neighborhood OF
Claysville, from whom he was to re-
ceive fifty dollars, and who had during
the night returned the different articles
to him at McFarland's sheep shed in
the condition they were found, the
pants all muddy, and heel OFT one OF
the boots. Convinced, however, us he
was, that the story was too absurd on
its face to deceive any one he after
wards, during the same day, confessed
to the murder, giving the particulars OF
the same, and stated that Babe or Will
liam Montgomery, jr., was his accom-
plice.
Montgomery finding that Fogler
had been charged with the Of
fense, he fled during the same day,
but was overhauled and arrested in
Wellsburgh, on Friday of the same
week, and was brought back and lodg-
ed in Jail the same evening.
Atthe investigation before the Coron-
ers jury Fogler was produced us a wit
ness, and testified that the murder was
committed by himself and Montgom-
cry. But the wife of a. j. Montgomery,
"a brother of Babe, having testified that
she saw the latter in bed about nine
o'clock that night, the inquest failed to
agree upon finding, or fixing any por-
ton OF the guilt upon Montgomery.
Information, however, was made
against him by William Dlus-
more, brother of the deceased, and
he was finally committed for trinl.
At the February term of court a Joint
bill of Indictment, charging Fogler and
Montgomery with the murder, was
found by the grand jury. AT the in.
stance of Commonwealth the court or
dered the prisoners.to be tried separate
ly, and the District Attorney having
the right to elect took up the case of
Fogler first.
The trial commenced on Thursday
morning, Feb. 2lst, and lasted until
the following Saturday evening, when
the jury rendered a verdict of murder
in the first degree,
The case of Montgomery was then
taken up the next week, and Fogler
not having yet been sentenced, he was
offered as witness for the common
wealth, but he declined to testify and
Montgomery was acquitted.
J.R. Ruth and L. r. W. Little, Esqs.,
who had acted as counsel for Fogler,
applied to the Supreme Court for u writ
of error in his case, but after carefully
examining the record and giving the
counsel the full benefit of their written
arguments, on consultation among
the Judges the application was unani-
mOusly refused and thus all hope from
this source was cut OFT. The failure of
the application was followed by the
death warrant which was issued
by the Governor dnring the first
wee's in April, fixing this day for the
execution. III.
| THIRD DIsrATCH.
Special to The Wheeling Lnteuiy.nccr.
WASHINGTON, Pa, Nav Ii.
| The execution of Robert Fogler 10,
the murder of BIr. DInsmore, took
place in the Jail yard to-day. The pris-
oner was conducted to the scaffoId at
one o'clock, P. NJ. The prisoner was
/ perfectly calm and trusting in God.
About fifteen minutes before one
o'clock the Sheriff entered his cell and
announced to Fogler that the time had