The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-11-09

nothing to prevent his gratifying II In
lne other. Howeverno extrAvAgant prl>
Ses Iot the Keeping Of thoag cattle has
Dcen shown. Considerable difference OF
OPlnlohias 10 the cost per year OF keeping
oAsp, mas oeen expressed In tho testi i,
mony. but the majority Of those wits
neaaea, among whom are Mr.. Slsaon.
Mr.. lllggs and Mr.. MuldoOu, who hive
mad lifelong experience I'M the man.
aRement Of olttle, have clearly demon.
slraled that Mr.. FsrTel'S ayeraee eost
| OF keeping those oxen Ia not eXtrRva-
giant. Corn during the years these cal.
tie have been In Mr.. FerrelS posi- slon
has ranged In price from ninety cents
TO one dollar and twenty-five cents,
i has been provenby Mr., yefodes and
Mr.. Hervey, that the oxen were ems
plpyed on tho road tWosthirds of the
time. A bushel OF corn IL considered o
proper feed. fEE rgnErI' 8lA sl..If
Now allowing that they have worked
Two hundred days per year and they
are given ono bushel per day, at 90
cents per bushel, and You have $50,
which the grain alone comes to, as 10
the aHowanoe OF hay, no difference Of
oplnlon exists The testimony on both
sldes show that q pair Of oxen kept con.
hneu work or no,work, will eAt Ave tons
othay year. Hay has sold within these
years a. twenty t0'thlrty dollars ton,
| we WIZ average II At eighteen dollars,
ana It makes ninety dollars Here Won
nave, exclusive Of Btabllng or necessary
ettention, two hundred and seventy
uoIlara, which It Will cost 10 keep these
| oxen per yenr. BY Mr.. rs vouchers,
tneI[ yearly average keeping Is two
hundred anu slxty-six dollars. Where
~ tle speculation In this, which hauntB
tue creams OF those hiEh.minded, coun.
IMyIioVlnG Prosecutors, like hldeous
nlRnt mares? The truth Of these facts
SHOWS how baBelesB Is their auspIcIon,
AS 70 thelr habits OF the oxen, Mr.. IIIrpB
sWore alphabetically that he knew them
70 Dc breaehy, before MIR. +, pur.
chased them. From the proofs con.
corning the fencing about TrIadel.
phia. It appears that every Geld,
| grain or pasture, hangs out an Invita-
tlOu TO all running stock 10 enter, By
the testimony | should suppose there
are many cattle III better condition,
But they have been greatly abused,
Ennity against Mr.. Ferrel has been
gratiHed upon the backs or these poor
1oxsn. They have only begun to de-
cline in flesh and valuer since thew
have been SO maltreatetl, more
dose OF misunderstanding tnt and INNS.
tatd;" one more dose bt cold lead would
have placed them beyond tho mower
70 DO injury. l trust Mr.. s, will survive
MS sympaLhies for tho famished con
dillon Of the oxen. IL they arc az moor
as Mr.. s. alleges the Lord pity him If
he Is compelled to rest hts whole case
upon the backs OF them. There Is but
q single fact left to which i will for A
moment advert before leaving Mr.. &. "a
argument. II Is concerning tho meas
urement OF stone by Mr.. Smith, Mr..
y. says that II fell shortl6 per cent, He
ID honest enough here TO give parL
Of our testimony showing the non.
delivery OF the stous 10 Mr., R. He
thinks, however, II this stono Ia left for
o ume some one must bs tho loser,
and as characteristic with him In his
whole speech, imputes The loss to Mr..
Ferret. This iS unreasonable. II loss
there be 1t must be 10 the breaker of the
stone. II is Mr.. Ferrel's duty simply
10 pay for tho broken stone when de-
ltvered, and II the strings don't meet
his guage when they are delivered
the loss ~ ID shown by Mr.. McKeown
aud others Ii visited ON tho break
ers OF the stone. It IL When the stone
are delivered they are measu red and re-
qulred TO meet the requirements OF the
guage. II they IRE mashed or scattered
the fault Ia upon the breaker, as the
string must meet the GuaHp, Now.
gentlemen, leave Mr.. Staflton's argu
ment-indulge me a. moment longer.
You have been asked 10 convict this
man upon the charges before you, Will
the evidence justify 1t? Has there been
single fact dragged 10 light which
would impair in the slightest degree
the integrity or the competency OF Mr..
Ferrel? No, sir. You can bring none,
For twenty years he has been engaged
in business in the same community
with These menWhO are prosecuting him,
and they have not dared 10 insinuate
anything derOgatary to hiS character
during that period. Never n breath OF
suspicion 10. my knowledge, aud l have
known Mr.. Fsrfel for eighteen years,
has been raised against him before this
trial 10 impair his credit or HIS honor,
either In his business or private relA.
tons. Strs, there Is much at stake In
this trial. Convict this man upon
the charges before you, destitute OF
proof rs Il shadow Ia or substance, and
you viii fasten upon him disgrace
which will curse his grave and Shame
his family forever. Try him then by
| the facts alone. '.vfs ny ~
II the character OF my c!Ient Ia To be
forfeited, let 1t be, | beg you, as the
penalty Of an undOubted, we'll uttested
guilt. Tho tree that is cut down may
| unFIUu IN aO0In. lilo ihnrnh
\ withered, may re.appear; itB branches
may regain their beauty and vitality;
but u reputation once blackened, how.
ever unjustly, Ia gone forever. To re.
trieve ones character from u Sklllfully
Devised Islander 10 q burden under
which many an innocent man has
sunken. Then, 10 view OF the sad cons
sequences which may follow your 40.
ton, l desire you to seriously consider
the steps you must take. Examine
with uncommon care the law and the
evidence which bear upon this case.
You cannot conVictmy client upou the
facts before you, and yOu will not do
It. You are the cuSlOdlans Of Justice.
You will. know, execute your trust
faithfully. You win Judge this man
lmpartially.' You, too, will Judge the
AAShlNNp VI AACoO lAONNGukOlnK
minister the rebuke which lhosa mo.
tiVes aud the men deserve. Sirs, l
only ask an acquiltal OF Mr.. Ferrel, =
his honorable exoneratlon from all
these charges, because from the facts
he deserves II; because Justice and
law Justify It. Sits, ask that your
decree 60 forth to the world that no
malice can find q Judgment with you;
that no SANDER can be nourlshed under
the smiles OF your Court. Aud that
those who would with IMMUNITY sacri.
fee the reputation, The liberty and the
happiness OF fellow. creature, simply
to build up .thelr own fortune or 10
aVenHe an enmity or personal hatred,
cannot receive other than the condem.
nation OF this tribunal. ] only ask
you TO try this case upon It's just and
lawful merits, and not measure your
convictions by my ability 10 defend a
Just cause. l am done. cheeriully
submit my client to your judgment,
confidently assured that In obedience
even to the stricIest duty you will lit
my friend out OF his tTIbula,lons I'M
suspected, untalnted, unframed.
BROWN & HIGGINS
rromrr1A