Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1874-03-19
The Trial of Gary and Emery.

the IOTeLSic ulSplay; AMI important IN
i'm the tremendous results accomplish
ed. First, the long talked-of trial of
James Irwin was had, lasting nearly
three days. Messrs. Cowen and Kelly
on behalf of the county, and Danford,
Riley, Swaney and Charlesworth, for
Irwin. Mr.. Danford came from Wash
ington City to try this case alone, and
surely Mr.. Irwin or his friends cannot
complain of his effort, which was a
mastery appeal for his client. Mr..
Swaney made oue of his best efforts.
1t is needless to say the counsel for the
county ELECTED praise on every hand
for their able and exhaustive efforts.
The result of this trial is known to our
readers.
On Tuesday afternoon, at 8 o'clock,
James Gary, indicted last tall for mur-
der in the second degree, for killing
Gotlieb Paul, at West Wheeling, on
the 18th of June last, was put on trial.
Messrs. Wit. and Ell. Kennon appeared
for the State, Judge Cowen and P. and
VIM. Tallman for the defense. But
little trouble was experienced in en-
panneling jury, and the trial at once
went forward. Carey looks anything
but vicious man; and when brought
into Court favorably impressed all;
his anxious fitful gianceS evidencing
ings. AS the trial advanced new in
terests developed beside the prisoners
guilt, and which took precedence of
that question-one of which was the
question of Court jurisdiction. The
crime was committed on the ferry
boat, and the law is that the line be-
tween Ohio and West Va. is, 'sat low
water mark" The evidence went to
show that the river was above this line,
and all things told, the murder occur
red in Ohio, though only by few feet.
In all about ninety witnesses were
equal number on both
sides; nearly all OF whom were exam
ined. The killing was conceded, and
after the question of right to try was
decided in the Jury's mind, conviction
followed. The case lasted two full
days, including night sessions. At l
P. NJ. Thursday, the Court began its
charge, which lasted just an hour. The
Jury then retired, and in an hour more
the verdict, "GUILTY IN MANNER
AND FORM AS INDICTED" was render
ed in the midst rf solemn silence. In
a few moments more poor Gary
was ensconced within the Jail again,
whence he will soon be removed-un-
less some stay in proceedings is effect
ed. During the long struggle for Ga
ry, his able counsel never relaxed a
determined effort to save him. Eve
rything that legal ingenuity and lore
could do was done for him. P. Tall
man and Judge Cowen made an earn
est appeal for the prisoner, while the
MeSsrs. Kennon certainly did exhibit
ability as effective as it was creditable
and honorable, on behalf of the State;
and we compliment the Court On its
manifest disposition 10 have "equal
and exact justice" meted out to all, and
to have it done promptly. We under
stand the penalty for Gary is ''con-
finement in the penitentiary at hard
labor during his life." His case excl
ted much pity, as his character for
peace, sObriety and good conduct was
unimpeached before the sad affair for
which he is now suffering. He was
a faithful and brave soldier, "a kind hus-
band and an affectionate father. He
received his doom with heroic compo-
sure, only adding, "I'll stand up to my
fate like man." During the progress
of the trial three of his sisters from a
distance were constantly by him, their
deep sobs reaching every ear; and, we
believe, every heart in the Court room.
The case of VIM. Emery, indicted
for ''aiding and abetting in the muir
DER" was Immediately put on trial.
The prisoner, rather clever, generous
faced man, was defended by 0. j. Swa-
ney and J. w. Shannon, ESqs. The
Kenyon Bros. again appearing for the
State. The ground so gallantly fought
over in Gary's case, was again tra-
versed, in order, first, to establish the
and by whom, and that Eme-
ry aided in it. A spirited contest en-
sued again on the question of jurisdic-
old and prominent stran-
gers being called on this phase of the
case. The defence made a gallant eff
fort for their man; get out all there was
in the case-if there was anything-for
Slowly and inevitably as
the fatal coil of tho Boa Constructor, the
web of evidence fastened itself in the
hands of the expert Kennons, in fatal
folds about him, and as silently crush
ed out one by one the fast receding rays
of hope that at first seemed to environ
the case; and on Friday evening, the
" II hi n
and VIM. Emery was pronounced
GUILTY. Thepenalty in this case is
''hard servitude in the penitentiary for
not more than ten nor less than one
year." He was remanded for sentence.
Thus ends a scene beginning in a drunk
--and terminating in crushed hearts,
blighted anticipations, sorrow and be-
agony.
Temperance in Bellaire.
From our own Correspondent.l
The ladies of Bellaire seem determ-
ined to accomplish something in the
reformation. They seem
also to comprehend the magnitude of
the work in this place, consequently
they have not started out yet to visit
the public places of iniquty, but are
daily meetings for prayer and
They are certainly acting
the part of wisdom and discretion in so
doing. They see the necessity of a
thorough preparation of mind and a
of public sentiment to sup
port them in their arduous work. 1t
would be folly for them to start out
against the hordes of Goths and Van
d@ls of this place until they have mar
shaled an army Of Christian women
fortified hV thn pracn of God and Sup