The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-10-16
NOTED TRIAL W EST VIRGINIA.
The Killing Of Mail Carrier-The
Conviction and Sentence-A Curt
Gus Question About IA Pistol, dc.

PETERSBURG, w. Va, Oct. 8. 1877.
The trial of VIM. Seymour Douglass
for the murder OF David Hlser was con-
cluded in the Circuit Court .oI
Grant county last week, as advised YOU
by telegraph heretofore. The prisoner
was convicted OF murder in the first de-
gree, and sentenced TO confinement IN
the States prison tor life. Hiser was y
mali carrier, and, II is charged, tina.
Douglass followed and shot him dead il
u lonely place, as is supposed, tor the
purpose OF robbery The trial lasted Tor
fourteen days and attracted great crowds
OF people from this and the adjoining
counties. During the last four or five
days OF the trial there were present be.
tween twelve hundred and thirteen hun
bred people. The judge had the win
dOws taken out, so that those on the out
side could hear rs well as those on the
inside. Large numbers OF ladies were II
attendance. They came from this
county and from Moorefeld and even
Franklin, thirty miles distant The pri-
soner WAS defended by able and eloquent
counsel, amCIg them eX-Attorney Gen
eraI Jos. Sprigg, of Moorefeld, who en-
tered the case ut the entreaty OF the poor
old broken hearted mother OF the prison
er; Mr.. Sam'l l.. Flournoy OF Romney,
and A. b. Pugh aid Major Norment, OF
this place The prosecution was conduct
ed by f. NJ. Renolds, E:q., of Keyser,
prosecuting attorney tor this county,
assisted by w. f. Dyer, OF this county.
The first effort made by the defense
was Tor q change OF the venue upon the
ground OF prejudice on the part Of the
people of this county against the prison
ef and his cause. This question was
ably argued pro and con, but Judge
Armstrong ruled that he would first
make the effort TO obtain the jury, and
if he found much difficulty he would
thea send the case to another county tor
trial, and il ne could get jury with d
reasonable effort he would then overrule
the motion for change of venue. To
this ruling the prisoners counsel eX-
cepted. The sheriff was sent out into
the county for forty additional jurymeu,
the regular panel having been exhaust
ed. Out of this forty the jury was COM
pleted on the third day, and the trlal
commenced, and about two days spent
IN taking evidence without much inter.
rup.ion, when one of the most important
and in many respects novel questions
arose. 1t was this; Some time after the
prisoner was committed TO jail u servant
irl at Gums Hotel, in this place, dis
covered IN the trunk of Major Norment,
one OF the prisoners counsel, pistol.
The girl reported this fact to Gum, ard
ne informed Dyer of the same, and took
Dyer to Norments room during Nor
ment's absence, opened his trunk and
showed him the pistol. About week
alter this MIR. Dyer, in company with
two other citizens OF the town, went TO
the room Of Norment between 9 ana 10
o'clock at night, found Norment in bed
and complaining OF being quite unwe!L
MIR. Dyer said to him that they had
come TO see pistol he had in MS trunk
and that he believed it was the pistO.
with which Douglass had killed Hiser in
"the gap" Dyer told him he had seen
the pistol IN his trunk. Norment re-
fused TO give up the pistol; said he had u
Il-IL " Inv IlGkOA lAA II ~ 49, "''NA Va :
had nc right to see or demand 1t IN this
way. Dyer then told him he mad better
1--WE it up; that 1t might seriously lm-
l'licate him in the murder; that he would
DC looked upon Ms particeps crimlnls or
accessory after the fact; that If he did not
give 1t up pescesbly he would be forced
To- take it from him by legal process.
Norment then became very much excited
and got out of bed, remsrking that he
did 10. wish TO conceal anythingi that he
had no objection to the parties then
present seeing the pistol, that they might
mark it and he would pledge himself TO
produce the pistol st court. lie took
the pistol out of his trunk. II
WAS examined by Mr.. Dyer and those
with HIM, marked and handed back u
Norment with the understanding that
they coull see it any time they
wished to. About week or ten days
after this Mr. Dyer met Geo. ). Lee on
the street one afternoon and told him he
wanted him to 60 with him again TO
Norment to see that pistol. Lee was
one OF th,se who WAS with Nm. Dyer
on the former OCCASION saying he was
satisfied 1t WAS the pistol with which the
murder had been committed; that he
WAS satisfied NO-ment would let th"m
| see it. Dyer and Lee went to Gum :
| Hotel, found Normcnt and told him
they wanted TO see that pistol again.
| Norment very readily showed 1t to them.
! Over took it, looked at it and said to
| NOrment that be was satisfied 1t was the
4 pistol Dou lass used in killing HIser;
| that he hsd il now and he meant to keep
it MIR. Norment protested against tins;
ne contended that this pistol was a priv
| LEGGED and confidential communication
| from his client to him. They finally
/ agreed that the pistol should be placed in
| the hands OF safe, trusty gentleman,
/ to hold until court 1t WAS placed in the
| possession of Mr. Davis. When Mr..
Davis wss placed upon the stand the
prisoners counsel objected TO any tcstl
/ money whatever in regard to the pistol
he had IN his possession, because II was
entrusted by prisoner to his counsel rs y
confidential and privileged COmmunl-
cation, and because of the manner IN
which it was obtained by the assistant
prosecutor from the prisoner counsel.
The question WAS elsborately discussed
by Messrs. Sprigg and FlournOy for the
defense, and Dyer and Renolds for the
prosecution. Many authorities were
cited pro and con.
The court ruled that Mr.. Norment
could OF be made to divulge anything
the prisoner SAID 10 him, but that he
could be forced to say where he got the
pistol and wnen be got 1t.
The prisoners counsel excepted to this
ruling OF the court.
The State then proved by Norment
that he found the pistol on the road lead,
ing from here to where the body % Hlser
was found under gplsnk near the fence
IL WAS also sh WI hy one Rigg ,emnH
that ne sold this pistol several years a.,