The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-04-28

Without note, he reviewed the evi
dence from beginning to end, calling the
names Of the witnesses as he went, and
contended that the Common wealth had
tailed to prove that his client had slain
the deceased. That he was found dead
IN the house Of the prisoner ut the bar,
but no man had seen the prisoner inlet
the wound. That circumstances. howev'
er conclusive they might appear, were
frequently deceptive. He read case II
the English reports, where an innocent
man had been executed on crcumstan
tial evidence even stronger than that be-
fore the jury, and took the position that
the uuscrupulous and vindictive prosecu-
tor was guilty of murder, and twelve ju-
rors were his aiders and abetters, because
they did not require that positive and
| undeniable proof which leaves no room
for reasonable doubt.
That if, IN truth, II was the hand OF
! Smothers that directed the blade, the
facts in the case warrant the conclusion
that the other was the aggressor That
the prisoner was man of sense ana u
man OF prudence, and never would have
sought IN encounter with Il giant, whose
physical force was so great that be had
never found all equal and who had Il
host of thirty comraeds who would have
rushed to his call and staked their lives
in the quarrel. That the deceased was
the aggrcssor in the beginning,
and il was fair inference that
he so continued TO the end. That
unbidden, he had invaded the sacred
precincts Of the prisoners home, and IN
return for civility and hospitality had
offered insult and injury. That his FOUL
false tongue had aimed to fix the seal OF
iniamy upon the spotless tablet OF
maiden i.er's fame. That when his com
panions, impc'.cd by repentance and re-
morse, had lett the house, like iicnd O!
darkness he fingered upon the spot.
That if Smothcrs had slain him, ne slew
him in the holy cause of religion and OF
virtue, and that tho King Of Heaven had
strengthened he arm that drove the
pointed steel to his heart.
lie paid an eloquent and glowing
tribute to the brave pioneers, who, by
their toll and sweat and blood, had won
the great valley of the Mississippi from
the Indians and cOnsccrutcd 1t to agrlcui-
ture, to commerce, and TO the arts. He
denounced in terms of hittcrcst indigna-
ton the deep ingratitudc OF the govern
ment, which suffered them to langulSh
and die in poverty and neglect, whilst at.
its favors and patronage were Inylshed
upon fawniug sycophants and crlngng
parasites and hattcrers who knc!t and
worshippcd ut the foot-stool OF power
That golden crown had been rendered
Julius Caesar for his victories in eau, and
for the addition of that province To the
Roman territory That these men had
conquered an empire thrice as great and
thrice as fertile AS Gaul and neither the
charity. nor the bounty, orthc justice Of
the government had ever induced It To
brstuw upon one OF them 80 much a an
iron skillet. That II representative o!
that government was here today. appeal
Ing to IL jury of the country for the blood
Of one OF the bravcst because he had
stood upon the threshold oi his rude hut,
which was his castle in the eye Of Tie law,
and had defended his family against the
liceutious and wantOn insults ola black
guard and ratfan. Were ne in place oil
his client he would leave his government
aud seek "Sumc bUundlcss cOnlIGWty OF
OF shade where the rumor OF oppression
and Of wrong might never reach him
more
That if Smothers had 10 die, II was
meet and appropriate that he should die
ut Hartford. Hartford had been the
theatre of his valor, and Hartford should
be the scene Of his execution. That be
came with tho party which erected the
first ratification; that his hand dug the
ditch and planted the paisadc and when
the Indians bcSicgcd, and fired upon you
from stumps, bushes and trees, whose aim
was dcadlicst and whose rifle rang clear
est in your defense? And when they
were defeated and turned their backs III
retreat who was iirrttootcd enough 10
lead the van in the pursuit;
who lowered around them like
destroying spirit until he had dyed The
waters 81 YOUR rivers in their blood?
Who trailcd them to their homes beyond
the prairies, and restored your stolen
property without ever receiving one cent
in compensation? That whatever false
hoods NAV have been invented and Cir
culatcd against his client, the forkrI
tongue of SANDER itself had never charged
that his soul had been stained by the sin
OF ayarce That with ample opportuni-
ties of securing an immense landed estate,
there was not foot upon earth that
he could call his own. That whilst
others had enriched themselves by specU-
lation, pecuution, violence, and fraud.
the poverty of Smothers was a vindicn-
ton Of the sterling integrity OF the man.
That his public services needed no re-
hearsal. That Isaac Shelby, in = con-
versation, had indorscd the heroic con-
duet of the hoy Bill Smothcr-. at
Kings Mountain. That he carried in
his pocket an honorable discharge from
Green after the great battle uf Eutaw.
That after he came to the West, the hills
and valleys had witnessed activity that
never tired, eyes that never slept and
courage that never finchcd in the hour Of
danger. That if they met the de-
mands of the government official
bN ll' sNtI lutt VI Ill' lIl' VI kiII ~ l7'ii~'
let the martyrdom occur on the mound
on which we stand; lot the last glance Of
the departing soldier rest upon the scene
where, in the vigor of manhood, he stroye
to give peace and security to your homes
and firc,ides and rs his slender form
swings in the air, take long anda last
look at the trucst and boldest man that
ever raised an arm in your defense.
In his charge to the jury Judge Broad
max approved himself the able lawyer
and the upright man. Forgetting the
many annoyances of Smothers, he eX-
horted the jury to look in mercy upon
the prisoner, and to give him the full
benefit of every reasonable doubt. The
jury. after retirement Of ten minutes,
brought in verdict Of "Not guilty.
Smothers invited his counsel to %
home with him, and Davies accepted
the invitation. lie was 80 well pleased
with the country around Yellow banks
that he settled the place now owned hy
James Rudd, and planted the orchard