The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-08-17
LETTER FROM MARTINSBURG.
Full and Explicit Account of the
Lynching of the Negro TaliaferO,
and His Fiendish Crime.
HARRISBURG, August Is.
Editors of the Register.

| Editors OF the Register.
This community has been in high
state of excitement during the past two
days, in consequence Of the lynching OF
Taliafero, or us it is commonly pro-
nOunced, and as prefer to spell 1t, "Tol-
ivcr," last Thursday night. The fcvcred
condition of the public mind is, however,
abating somewhat, and sober reason Is
rapidly resuming sway. The circum-
stances attending the crime and It's pun
ishment were, in brief, these:
Some time in last October the body of
u little girl aged about twelve years, and
named Annie Butler, was found lying
dead in piece Of woods not far from her
fathers house, in Falling Waters dis
trct, in this county. An examination
showed that the crime Of rape had been
added to that of murder. Suspicion I'M
mcdiately fell upon John Tolivcr, dark
mulattO about "a years of age, who had
been seen entering the woods on one side
| about the time that Annie Butler, who
was in search Of her fathers COWS, entered
| it from the other. He was arrested and
committed to Jail. The evidence tend
ing to establish his guilt was entirely cir
cumstantial 1t was shown that he had
been two or three hours longer in going
| from one house to another in the neigh
borhood passing through the woods on
his wav) than he should have been, and
he could not account for the delay. In
addition to this, blood stains We're found
upon the boots he wore that evening,
and microscopic examination showed
that it was mammalian blood. These
stains he could not account for in any
reasonable manner. Beside these there
were other circumstances, trivial in them
selves, but all tending to fix upon Tolivcr
the guilt of the horrible crime.
When the trial came on, Toliver was
ably defended by Mcssrs. Blackburn and
Lamon, who sitted the evidence thor
oughlv and, ms their duty was, laborcd to
give the prisoner the benefit Of every
doubt that could arise as to his completely
in the affair. Near the close of the trial,
which had been protractcd and arduouS
one, one of the jurors became violently
i'll. His condition was such rs to totally
disQualifv him for further service, and
accordingly the Court WAS compelled to
dismiss the jury and continue the case.
Another trial was had at the next term
of court, the prisoner was convicted, and,
with amazing stolidity he listened to the
sentence of the court appointing the
3lst day of July as the day of his cXccu-
ton.
His attorneys then feeling that they
had not yet done tor their client all
that their duty required, applied to the
Supreme Court Of Appeals for suSpen-
sion of the sentence until decision could
be had touching certain points of law
involved in the case. There were mum
Der of exceptions taken to various rul-
ingS of the Circuit Court of Berkeley
county, among which was one which re-
lated to the composition of the jury.
The constitution and laws of West Nlr-
ginia prohibit negroes from serving on
iures. 1t was alleged that this was in
violation of the constitution of the United
States and to the dctriment of the rights
of the prisoner, himself Il colored
man. Another alleged error was
that the testimony of the expert
who analvzcd the blood was merely read
at the second trial, the witness not being
present in person confronting the prison.
er. The Judges dceming that the errors
assigned were sutficicntto justify thcm in
hearing argument upon the matter,
granted an appeal and ordered suspen-
sion of the execution of the sentence.
This was not done however, until few
DAVIS before the time fixed for the hang
inc and was not sufficiently known to
prevent quite throng of people from
assembling in MartinSburg on the 3lSt,
in expectation of seeing Tolivcr hung,
When the news of the action OF the
Supreme Court was circulated and the
fact became known that the execution
could not be legally had until
some time next spring, Inc
people began TO chate ut "thc law
! DELAY" Ignorant or malicious persons
endcavorcd to excite Indignation against
Tolivcrs attorneys, and to attribute M
proper motives to the Court OF Appeals.
| The crime had been so brutal and ticnd-
| ish in its character, aud the conviction OF
! Tolivcrs guilt was SO strong, that 1t was
urged that it was shame to permit such
n monster to live another day. Mystic
riouS hints about resort To lynch law
were heard. and there seemed To be an
attempt TO ascertain, in private way,
! the sentiment of the community IN fcla-
ton to the matter, and to find OUT, II
possible. whether, if Toliver were iorcl-
! blv taken from the Jail and hung. the
act would be approved by the popuLaCe.
The intense but quiet excitement IN the
community in relation to Tolivcr case,
was heightened by another instance OF
outrage upon the person of a little girl in
| the neighborhOod, which occurred last
| Wednesday. The victim in this instance
was Mary L. Barrett, a mere child not
vet eight years old, and she accused
Henry johnson, an old negro man nearly
seventy years of age, wrinkled and StooP-
ed and GRAY headed. He was arrested,
but was admitted to bail in the sum OF
one thousand dolrars, the security being
promptly furnished by one OF the most
respectable white citizens in the county.
! Notwithstanding there are many doubts
| felt and expressed rs to Johnson guilt,
| it is a fact that the crime of rape was per-
petrated upon the child, and the circum-
stances tended to intensity the popular
feeling in regard to Toliver.
About II o'clock last Thursday night,
the town being very quiet and but few
persons upon the streets, squads of masked
horSemen suddenly made their appear
ance rs though coming from every direc-
ton toward the Jail. They extinguiShed
the gas as they rode along and drew up
in line in front of the Jail. Their num-
bers are variously estimated at from sew
enty-tive 10 one hundred, and they APP
peared to be under the command of one