The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-05-16

uOTtb ybIu was pldCcu vi tno -,
md fitted, perfectly. The boots aisc
tilted the tracks in both yards. Fogiei
vas NEXT visited and inspected, and
races Of burnt cork were found on MS
,ye- brews and behind his ears. He was
hen suddenly confronted with all the
Facts against him, and desired to ex'
plain them. He grew pale, and tnel
laid that q man named johnson nae
borrowed his oyercoats truwsers AND
boots on the night Of the murder, agree
ing to give fifty dollars for the nse q
them. He told bis story lamely, and
Jaw that he was not believed. linen,
after q little hesitation, he made con-
fession ofhis guilt. He stated that ne
had known MT. Dinsmore to have large
sums Of money in his possession, and
had conceived the idea Of getting por-
ton of it. He had proposed to q yoAth
named William Montgomery, son Of
Hon. William Montgomery, to visit
house and rob him. On the
night of the murder they had started
put, armed with loaded revolver and
knife, but with no intention OF com
hitting q murder. They had black
ened their faces after starting. They
were resisted by the old man as we
have described, and it was not until
the struggle for the pistol had com
that Fogler thought of firing
He said that when he fred the Two
shots he had no thought of shooting the
man, but only of frightening him. They
both had hold Of the revolver, and he
cooked and fired il, thinking that it was
pointed towards the floor. Montgomery
Fogler stated, did the cutting. When
Dinsmore started ont, after the shoot
ing, Fogler Il ought he had gene tor
gun, and they both fed. He did not for
D moment suppose that Mr.. ID. was hurt,
except by the blow with the chair. The
two men ran away, without any OF the
money they had come for, and washed
the black from their faces in tho run"
They went home, Fogler disposed OF
trowsers and boots as they were found,
and went to bed. He was greatly aston
ished and frightened the next morning
10 hear that Mr.. Dinsmore was muir
iered, but tried to brave it out. When
be heard that reward of $1,000 had
been offered for the arrest of the mar
lerers, he volunteered to fine. them. Abe
Smith and Robert Poland were released
after his confession.
MONTGOMERY.
On Thursday, 18th Of December, Dit.
Vim. Dinsmore, brother of the murdered
nan, made information before Judge
Acheson, charging Robert Fogler and
VIM. Montgomery, Jr., with murder.
Fogler had been kept in prison since
lis first arrest, but Montgomery had
promptly disappeared. AS we have
aid, he is the son of Hon. VIM. Mont
,omery, q prominent citizen of Wash.
ngton county, and an ex-member OF
Congress-. Montgomery is mere youth,
Is years of age. 1t was ascertained that
,e had gone to Wellsburg, West Va,
md also that Mr.. Robert ii. Gibson, his
,rother's law partner, had gone thither,
t was suspected at the instance OF
father, for the purpose OF
the fugitive in his flight. Mr..
ohm Baird, by order of the authorities
vent to Wellsburg, aud found VIM. or
Babe" Montgomery as he was called.
He arrested him with the aid of Deputy
Sheriff Burt, and he and Mr.. Gibson
started home with the prisoner. This
vas on the Friday after the murder.
The two prisoners had n hearing i'm
nediately after the information had
been made, and were finally committed
or trial.
THE TWO TRIALS.
On Wednesday, the Doth of February,
he grand jury of Washington county
ound true bill against both of the
prisoners, and the same evening they
we're arraigned, and plead not guilty.
The next day the trial of Fogler com
nenced. District Attorney Crumrine,
I. p. Fetterman, Esq, of Pittsburg,
md Van Kirk, Esq, appeared for the
and Messrs Ruth 4
hamilton, and l.. X. w. Little, Esqs.,
or the defense. The evidence for the
embodied the facts OF
he case as we have already given them,
he confession of Fogler being admitted
" the Court. On Saturday morning,
he fourth day of the trial, the testimo-
" for the prosecution closed. No tes-
imony was adduced for the defense,
md in the afternoon Judge Acheson
.harged the jury. At half past four
he Jury retired, and ut six o'clock
with verdict of "Guil-
v of Murder in the First Degree
The prisoner listened calmly to the
,erdict, and was remanded for sem
ence.
On the following Monday, February
5th, the trial of William Montgomery,
.lready arraigned, commenced. The
ounsel in this case consisted of Dis
riot Attorney Crumrine, N. P. Fetter-
nan, ESQ.,, and II. j. Van Kirk, Esq, for
he Commonwealth, and Messrs. w.
icKennan, David s. Wilson, Alexan-
er Wilson, Hart and Brady for the de-
ense The testimony for the Common
wealth consisted, in part, Of the same
dduced Mt Fogler's trial. On Thurs
ay, the fourth day of the trial, Fogler
ras brought into Court to testify for
he prosecution, but refused to give ev-
lence. For the defense several wit
esses gave strong testimony to estab-
sh an abb.
Martha b. Montgomery, sister-in-law
f the prisoner, testified circumstan-
tally to having seen him at home and
n bed at time that would render it
impossible for him to have been with
'opler. On Saturday, March I'd, the
ixth day Of the trial, the case closed,
nd Judge Acheson charged the jury,
nd at eight o'clock in the morning
hey retired. At 1885 in the evening,
hey returned with a verdict of "Not
utility" and Montgomery was discharg-
d by proclamation.
FOGLER, THE CRIMINAL. ...
Robert Fogler is a young man, TWEEN
Y three years of age on the I'd of April
asst. He was born in Allegheny coun-
', Pa, and his parents belonged to the
i:thodist Church Of Pittsburgh. When
bow, Robert was sent to the House of
ssfuge, but was taken, when between
leven and twelve years old, to live
Nth Mr.. William Henry, at Canton
ownship. In March, 1864, he entered
he army with the Ringgold Battalion,
nd served till the end Of the war. His
haracter in the army was not good. On
eaving the army he took mp his abode
t Washington. He lcd a dissipated
ife up to the time of the murder.
On Thursday, February 26th, after
10 had refused to testify against Mont
,omery, he was brought into Court at
he commencement of the afternoon
Ill <ha aapfanoa IF l~.kl.