The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-01-11

after the shooting.
Fred Debold sn0rn II was going up
First street on the Monday evening pre-
vious to the shooting; Mrs. Kennedy
and lady were standing in front OF
Mrs. Smiths boarding house; as pass
sd, the door opened, and McNash came
out; heard Miss Batham telling him
that he must keep his promise or take
the consequences.
Mrs. McNash sworn-I received let
ter few days before the shooting. 1t
was signed "An Injured Friend" The
letter is burned. am the widow OF
VIM. j. McNash, the deceased. Fur
Their testimony ruled QUIT
The prosecution here rested their
case. The examination of the wit
nesses for the defense was commenced.
Darid Kennedy arorn-Miss Batham
is my granddaughter. She is between
eighteen and nineteen years old. her
mother died in childbed about six weeks
after Mattie's birth. Miss Batham's
health is very poor. Her homo 10 with
me, or my son. She was raised by me.
hOuoO 10 hNA hOhtO'
DR.. Bates sworn-The probable effect
of keeping young girl of eighteen or
nineteen years of age, and In poor
health, and in Miss Batham's condition,
in the common Jail, would be to bring
about premature labor. This would
jeopardize her life. To highly sensi-
tive woman the first confinement would
be dangerous. The nervous excitement
and extreme agitation attendant on the
confinement of woman in a Jail, with
out any of the usual surroundings OF o
woman at such time, might be ex-
tremely dangerous. Commissions might
ensue.
Cross Eraminsd-I do not mean that
this would only happen IN q cell. Ex-
ercise is very necessary to women IN
Miss Batham's condition in the open
air. There are predispositions Inherit
ed; I do not know what disease Miss
Batham's mother died of.
The defense here closed their testi-
mony.
Mr.. Richardson then made applics,
ton to the Judge to admit Miss Batham
to bail. Her home is here aud she has
no other. As he understood the law it
had no intention of Furnishing prior to
conviction. Security is what is aimed
at. l feel confident that, were she set
free to-day, without o cents bail, she
would appear to answer any charge the
State might bring against her. We
have shown your Honor that to confine
her in the Jail might endanger her life,
certainly would do her great harm. AS
to the amount of bail your Honor might
require, it is we'll to say that she has no
fortune Of her own, and is entirely de-
pendent upon her relatives He moved
the Court to admit her to bail, and
place the sum at as low figure as pos
STOLE.
For the State, Prosecuting Attorney
Good resisted the application Of the de
Tense. The law presumes that the of.
tense is murder in the second degree,
but from the evidence addHced we have
it into murder in the first de-
gree. 1t was a cool, deliberate, pre-
meditated murder. He reviewed the
testimony. The old common law recog
nizes this fact, that no amount of bail is
sufficient to secure the presence of a
prisoner charged with a capital offense.
In giving his decision, Judge Melvin
said:
The application is under the statute
the Court to take bail in
certain cases. The defense has not at
to refute the evidence present
ed by the prosecution, but has shown
that further confinement to q woman in
her delicate health would be dangerous.
In this view l fully concur. Miss
Batham may be set at liberty on giving
bail in the sum of $4,000 for her ap
pearance at the March term of the Cir
cult Court.
The following is the order of the
Court:
Ohio county, to rit:
In the matter of the application Of
Batham, charged with murder,
to be admitted to bail:
This day came, by consent, the State
by her attorney, and the prisoner by
her attorneys, and the evidence being
heard and considered, and the Judge OF
the Circuit Court of this county being
of opinion that good cause has been
shown for such admission, it is ordered
that the prisoner be discharged from the
custody of the jailor of this county upon
bond being given before the Clerk IN
his Office, with approved security, in
the penal sum of ten thousand dollars
conditioned for her appearance before
the Circuit Court of this county on the
first day of the next term thereof, to
answer such indictment as may at said
term be preferred against her for the
felony aforesaid. T. MELVIN,
Judge Circuit Court Ohio County.
WHEELING, January 10, 1879.
The required security was immediate
ly given, Nicodemus Reister and Jesse
antz hsinu her snretips