The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-10-23

rHs scHMuLBAoH. INDICTMENT. y The
grand Jury OF the Circuit Court completed
their labors yesterday and were dis.
charged, The most Important indictment
returned by the jury was one against
Henry Schmnlbach Tor the murder ol
Hamilton R. Fotsythe on the 18th Of Au.
gust last. In this indictment the jury
found that Henry schmulbach, with
force and arms, in and upon the body Of
one Hamilton R. Forsythe, felonionsly,
willfully and Of his malice aforethought,
did make an assault, and did strike, beat
and kick the said Hamilton r, Forsythe
with his hands and feet in and upon the
head, face, breast, back, belly, sides and
other parts OF the body Of him, the said
Hamilton r. Forsythe, and did then and
there feloniously, willfully and Of his
malice aforethought cast and throw the
said Hamilton r. Forsythe down, unto
and upon the ground with great force and
violence, then giving unto the said Hamil-
ton 4. Forsythe then and there as well by
the, beating, striking and kicking Of him
the said Hamilton 4, Forsythe In manner
and form Aforesaid as by the casting and
throwing OF him the said Hamilton R,
Forsythe down as Aforesaid, several NOR;
tai strokes, wounds and bruises In and
upon the head, face, breast, back, belly,
sides and other parts Of the body Of him
the said Hamilton R. Forsythe, of which
said mortal strokes, wounds and bruises
in and upon the head, face, breast, back,
belly, sides and other parts OF the body Of
him the said Hamilton X. Forsythe, oil
which mortal strokes, wounds and bruises
he the said Hamilton X. Forsythe then and
there Instantly died" -. ..-l,5.. ~.
Further they add: n.And SO the Jurors
aforesaid upon their oaths aforesaid do say
that the said Henry Schmulbach, him the
said Hamilton R. Forsythe in the manner
and form aforesaid feloniously, willfully
and Of his malice aforthought did kill and
murder against the peace and dignity o.
the State" ..l...,'. ,,.5... ..,5, .y.... "a.
There are four counts in the indictment
the substance Of the first being given u
the foregoing. The second count Is sub
standally the same as the first.
In the third count the jury present that
Schmulbach made, with malice aforc
thought, another assault, with certain
stone OF no value, which he the said Henry
Schmulbach in his right hand then anu
there had and held, in and upon the head
and face of him the said Hamilton +. For
sythe, " etc., ETC., giving to the said For
sythe mortal strokes, wounds aud bruises
Of which he then and there instantly died
The fourth count is, with the exception
Of difference in the phraseology, but Q
repetition Of the third, "a.
The witnesses lbefore the Grand Jury
were: DR.. L. Division g, Edward Mendel
Frank Walter, VIM. Heuser, Heber List
VIM. stamm, jr., Theodore ]. Phinney,
Mrs. August Neuhausen, John Fendt and
John H. Martin. I'D ~. q.
There Is q strong probability that the
case will be tried at this term OF the Cir
cult Court, as We are informed upon very
good authority that neither the attorneys
for thedefendant nor prosecution have ex'
pressed any desire 70 continue it The
counsel engaged in the cause are as fol,
lows, Messrs. Jordan, Davenport and
Doyener for the State, and Messrs. Cald'
well & Caldwell and Good for the defense.