Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-12-23
sTnUBESvIELE LETTER
"Occasional" tiives an Interest
Ing Account of o Court Case.
rience of the Register

STEI BENNlllE, DeCclnDtT -.
Sometime since REGISTER CORE
spondent visited this city and in a news
letter, written from here, paid IL glowing
tribute to our beautiful city, her manu-.
facturies, business houses, hotels and
the intelligence of our people, for all ot
which we are duly thankful. Ii struck
me this morning that ! might take up
where he lett off, and dota few lines for
the purusal of your numerous readers
and lift received fay yorahleconsidoraiion
at the hands OF the city editor,
might do it some more My first
thought will be on the certainty of
death and taxes, and the uncertainty OF
petit Jury yerdicts. The northern
portion OF the city is being built up
rapidly, and that too, with handsome
dwellings. North Fourth street and
Elm Avenue is to this city what Euclid
is to the Forest City. For years the
residents have been trying to bcautiiy
their premises by planting shade and
ornamental trees, aud after years OF toll
aud nxiety the property owners have
succeeded A continuous line OF thrifty
Young trees from Ross street to the end
oi the avenue had been, after careful
nursing, pronounced by experts to be
growing beautifully and the denizens of
that locality were happy, but their hap
piness was but OF short duration. On
the night of the 9TH inst, iorty-nine oi
these trees were girdled, broken, .
twisted and destroyed by vandals, who
were at the time unknown. Loud and
deep were the expressions hurled upon
the heads of the unknown miscreants
who would he guilty oi such general
unadulterated cussedness. Ii was
gcurrallv voted that the man or men
Who could be guilty oi such an act was
unfit for heaven and the devil wouldn't
have him, and mean enough to pasture
goat on his grandiather's grave and sell
the head stones Tor door steps. \ re-
ward was offered \ cry like unto
that OF the Macedonians went forth.
Police, police, where Was the policeman
OF that ward? lie wasn't there but was
some place else, aud il he was not there,
the great l Am, only knew where he WAS,
and if Ire knew hc wouldn't tell. But
murder will out \ Mike Kelly and Il
boon companion named John Carroll
were out on lark. On arriving ut their
boarding house at Bustord's shaft, they
told of the destruction OF the trees and
zsad tbs part they had taken. TheeonI
.Sersatlol wase evsrhessd end the pfiieers
'ssfesis1e the MN DAY, hRd allsr 3 pre-.
liminary hearing were sent to
Jail in default Of bail. So great
was the indignation OF the people that
W. &. Ong, ESD, Prosecuting Attorney,
asked the Court to impanel a special
grand Jury, In order that the culprits
could be indicted, tried and sent out to
Bishops parloning bureau and get III
on their terms this winter. The jury
was empanclcd and sworn, and two true
bills were returned against them for
the malicious destruction 0i the prop
rrty Of William IL. Mooney, who owns
u beautiful residences on Elm avenue,
having commanding view Of the beau-
tiiul Ohio and the goat pasture Of West
Virginia opposite. The parties were ar
raiyncd, and hcing INDECENT cusses, the
Court assigned W. \. Owesney and j.
+. Daton, Esqs:, to defend. A plea Of
not guilty was entered. \ special We
nirc ior jury of twelve men, tried and
true, Was ISSUED 10y the Court, and the
twelve apostles came into Court from
the bull knobs of Wells township.
A hook at the aforesaid special
jury vas enough TO satisfy the most
casual observer that they had been sell
ected regardless Of race, color, looks or
previous condition. II was supposed
that they would well and truly try the
ISSUES joined between the state that
gives Ia the Government men Ia fill all
the Offices that are worth having,
and render verdict according
ly. The trial commenced Thursday
afternoon and dragged its weary way
along until yesterday morning, when
the evidence was concluded, the State
having proved the declarations of
Carroll as to his participation III the
crime, the value OF the property, &c., 10y
EXPERTS. The defence produced wit
ncsses to prove that saplings Were
worth about fifteen tu twenty cents
apiece out on the hills. The Court
delivered the charge ahd the jury,
headed by Sheriff Smith, took up their
line oi march for the jury room, there
tn deliberate on the prospects "tan open
winter, and whether there was really
such thing rs Il shade or ornamental
tree in the city, and II there was,
whether there was any difference be-
tween the aforesaid trees and II wood
pcckcr pole Alter about an hours
delberatinn the bell in the jury room
rang, announcing that the Jury had
agreed. People gathered around the
bar Of the Court. Presently the tramp,
tramp. tramp of the intelligent host
broke forth on the stiffness. Slowly
and sadly Sheriff Smith filed into the
Court room, looking Is though he had
been sent iur and couldn't leave,
closely followed by the chosen twelve,
looking rs though they had just had
an animated discussion with the busi-
ness department of a mule. Taking
their seats in the box the Court in
quircd: "Gcntlemen of the jury, have
YOU agreed upon verdict
The foreman, with his right hand
on his pistol pocket, with considerable
emotion, responded, We hayest.
J What my you, gentlemen, Is the defen
darit guilty or not guilty, AZ he stands
+ charged in the Indictment. ''ile hain't
guilty. said the foreman. "Not guilty
of ANYTHING said the court. ''lle
hain't did nothin, responded the fore
man. The court was about To resume,
when a rustling noise was heard in the
further end Of the room. Stanton seized
his hat, and ramming his scroll in his
coat tail pocket, he started ior the roof,
followed by Lincoln and Washington,
with sheriff Smith and Janitor Guy in
close pursuit. The court gave one
spasmosi osiicgssp and slipped under the
heilch Clerk Coulter gave a yeli ss
deep and piercing as though he had
| come in contact with the business end
OF wasp, and Prosecutor Ong mutter-
| ing cuss words Ia himself Daton
and owesney looked serene and happy