The democrat. [volume] (Weston, W. Va.) 1868-1874, 1871-11-20
PROCEEDINGS OF TaE CIRCUIT
COURT.

Tue MoSrdonERy GAsr.-Ths tria
of Henry Montgomery, as accossor
before the fact to the murder of Ed
mund N. West, closed on Saturda.
last, by q verdict by the jury of guilty
Our readers will remember that Mr.
West was murdered in May, 1870
and that Ezra N. Overs was inflicted
in connection with Montgomery for th'
murder Of West, as principali aud q
tue May term, 1871, Of the Upshul
County Court, Overs was con victed o
murder in the first degree, and sen
fenced to the peuitentiary for life. Al
the September term, 1871, of the Up
'hur Court, the trial of this cause, a,
to Montgomery, was remanded to thi.
county. The case came up for tria'
on the first day of the late term of The
Circuit Court Of this county-Messrs.
Edmistou, COzud and Bailey appear.
ing for the prosecution. aud Messrs
G. j. Arnold aud JShn aud Henry
Brannon for the defence. The trial
commenced on Friday, the 81 inst.
and was closed on Saturday, by the
verdict of the jury. having occupied
nine days, and excited great degree
Of interest among our people. The
jury having rendered their verdict in
the following words-"We, the jury,
find the prisoner, Henry Montgomery,
guilty as accessory before tue fact to
the murder Of Edmund NJ. West, in
manner aud form as charged in the
within indictment; and We further End
that be DO confined in the penetentiary
for liro"-werc discharged whcreup-
on the prisoner, by his counsel, moved
the Court to set aside the verdict upon
the grounds that it was contrary to ev-
idcnce, and upon the further ground
that the verdict did uot find that the
prisoner vas accessory to murder in the
first degree, upon which motion the
Court took time TO consider. On
Tuesday morning, the Court having
considered the grounds Of error as.
signed, 'oyer.ruled the motion upon tue
first ground, but sustained the same
upon the second, and ordered new
trial. The prisoner was then remand
ed to Jail.
TnE LEWIS" CASE --Tu the case Of
George "Lcwis," who is confined in
Jail upon the charge of horse.stealiug.
on motion of the prisoner, aud for
reasons appearing to tho Court, the
trial of the cause was continued until
the next tcrm--D, N. Bailey for the
proseculion-GeO. Cozal for tho de-
fence.
The three indictments for misde.
meanor, assault aud battery, &C.,
found at a former term Of Court,
against Edwin Smith, G G. Yoke, Y.
B Morrison and ". Hinzman-fa.
military known ms "tho Plant cases."
were dismissed BY order Of the Court
John Braunon and Geo. Cozad for
dcfcudants-D. NJ. Bailey for the
State. No other State cases of any
Importance were tried or disposed Of.
There were but two jury trials
during the whole Of the late term.
Tue CouSTY JAtL.-Slessrs. John
Brannou, F. NJ. Chalfant and B. 10.
don, Commissioners appointed by the
Court to report as to the condition Of
the Jail, make voluniuous return,
from which we gather the facts that
the Jail needs some repairs, and is de-
c dcdly insecure. Its sanitary condi.
ton they condemn in warm terms. It
appears that by an order Of tho Super
visors, a cess-poel was dug il the rear
Of the Jail, and large pipe was made
to connect in the cells. As this pool
had no drainage, it has been filed up,
and tho filth now crowds the pipe full,
so that the nauseous matter covers the
floors of tho cells-rsndering them uu.
fit for occupation The pool they re-
gard as an emphatic nuisance-liable
to cause disease. Taking into consid-
GRAFTON these facts, and the almost Ut
tor impossibiliiy Of keeping the jail
clean, the Commissioners compliment
the Jailor, Mr.. Annawalt, upon the
care evidently bestowed upon the place
by him, and commend generally bis
care Of the prisoners and public prop.
eriy.