The democrat. [volume] (Weston, W. Va.) 1868-1874, 1871-06-05
TIE WEST MURDER.
TRIAL OF EZRA ". OVERS FOR TIE MURDER
OF EDNUSD NJ. WEST.

trial Of this case was, on motion OF the
prisoners, removed to the equity OF
Upshur.
On the 18th of May. the Prisoners
were sent to the bar Of the Court OF that
county, Judge Edmis.on and Geo. Co.
Fad, Esq. of this plsce, appearing for
the State, with Captain POundstone,
Prosecuting Attorney, aud MessrS.
John B.annon, G. j. Arnold and Hen
ry Braunon, of this ? CO, and B. F.
Martin. of Taylor, appearing for the
prisoners.
The prisoners, Ezra NJ. Overs, who
was charged as principal. aud Henry
Montgomery, who was charged as ac-
cessOry before the fact, elected to be
tried separately, aud the State decided
to proceed-with the trial Of Overs
first
We have notIspace to giro even q
summary of the evidence, which was
very voluminous, over fifty witnesses
being examined, aud must coutent our,
selves by saying that. in the opinion Of
almost all ofthOSe who heard the tcsti
mony, the guilt of the prisoner was fully
and clearly made out.
The Court House was densely packed
by an excited crowd of people during
the whole trial, not less than from five
to seven hundred people being present
at any time; aud during the entire
time occupi ed By the argument, nearly
two hundred ladies were among tho
crowd.
The argument Of the case was opened
on Wednesday morning by Captain
PouNpsroSE, on behalf of the State
whom an argument Of two hours dura
ton, more than sustained his fair rcputa
ton Is an able prosecutor. 1t was con
sidercd by his friends the best effort Q
his life, and was a clear, logical e1posi
ton Of the facts and law of the case.
He was followed in behalf Of the Stat,
by Gro. CozAD. ESQ, who distinguished
himself greatly by his argument. Il
was pronounced by all who heard it tc
have been a mastery effort, clear, clo'
qucn. and logical; and even his old
enemies of the Republican persuasion
complimentcd him highly upon his sue.
cess. Ho occupied two hours. and
closed at II o'clock.
At 9 o'clock, HENRY BRAxyoN. ESQ
opened for the defence in an argument
which occupied the entire afternoon,
and which displayed not only thor
ough knowledge of law. and patient
research seldom equalcd, bu, great abil
ity in handling bis case.
On Thursday morning he was fol
lowed, on tho same side, by B. +
MARTIN. ESQ.,, in an argumcL
occupying about four hours, which I'D
ded much 10 his reputation as an els
quent and astute advocate.
At two o'clock. JOHN BRANYoS, ESQ.
opened the closing argument for thu
defence, Mr.. Arnold being too unwel
to take part in the discussion OF thu
case. Mr.. Braunon occupied the entire
afternoon, and two hours on Friday
morning, and made one Of the fines
efforts Of his life, covering the entire
ground set up by the defence, pre-
senting his views in his usual forcible
and effective manner.
At haif.past 10 o'clock, Judge Ed
Nlsroy commenced the closing argu'
ment in behalf of the State, and occu'
pied the remainder ofthe evening, and
two hours on Saturday morning. AL
though suffering from i'll health and ar
enfeabled frame, his mind was never
more active, his logic never more ap.
parent. Cody. deliberately and calm
iy he reviewed all the spcciOus argu
ments advanced by the defence; ano
before the power Of his irresistible ar
gument and cutting sarcasm, they
melted awy as frost before the rising
sun. Making no prctensions to elo
quencc, but dealing in stubborn facts
and hard arguments, long ere he hae
finished the verdict was foregone con
clusion. The Jury retired at 10!
O'clock, and were adjourned until after
dinner. And at 8 returned into Cour'
with their verdict finding the prisoner
guilty of murderin the first degree, and
that he be confined in the Pcnitcntiary
for life.
The verdict met the appreciation o.
almost all Of those who hac heard the
testimony, with the exception Of those
who thought the prisoner should have
been hung.
The trial Of Montgomery, as access
DRY, will take place at the next term
of tho Circuit Court Of Upshur county
-O