Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-11-11
THE BRANDON MURDER
CASE.
A Card from Judge Melvin.

A Card from Judge melvin.
Editor Of the Register:
My attention has been called, by edi-
torial comments in the REGISTER and
.NaHdud and otherwise, to an article re-
Gently published in the Fayetteville En-
ierprise, censur,ng what is termed
my structures upon the action OF the
jury in a recent trial for murder in Mar
shall. The article, am sure, is based
on an entire misrepresentation
of the facts. Shortly after the
trial, one or more notices appeared
which failed to give Il wholly accurate
version: but it was not at the time
deemed important to make any addi-
tional statement. Perhaps it is now adj
visablc, in Justice to the jury, as well as
to myself, to state briefly what actually
occurred.
The case WAS the State W.. Henry
Brandon, charged with murder. The
Jury. after prolonged consultation.
brought III verdict OF not guilty. \
motion was at once made iOr the
discharge of the accused. In
passing upon the motion, | took
occasion to remark, in his presence, and
for his benefit, that the jury, as |
thought, had leaned towards mercy;
that in my view verdict of manslaugh-
ter would have been supported by the
evidence; but that the jury had arrived
at Il different conclusion, and with their
verdict | had no fault to find. | sug-
Ccstcd that the jury had doubtless given
great weight, as was proper, to the cX-
CcptiOnally good character proved, and
to the circumstances OF gross prOVOCa
ton which undoubtedly existed and had
deemed his aCt, which had led to such Sc
riOus consequences, cXCuSablc under all
the circumstances. But | added that |
thought could say for the jury, in their
presence, that their verdict was not in
tended to be construed, as it might pos
siblv be by some of the cvil-dispoSed
who were not ConverSant with all the
facts, as q justification OF the use Of
deadly weapons in all cases where
abusive cpithets are applied and vio-
lcnCc committed: that they would dep
rcCatc a. much as any one the ready
and deadly use OF fire arms in
casual atfrayS, where the dan
ger to person or property Is not
imminent; and | suggested that any
such erroneous construction, If adOp-
ted, would tend to the subversion Of
law and order in any community. In
conluding, l advised against giving way
to violent and uncomfortable pas sion,
even when subjected to personal abuse;
and in favor of an appeal to the consti-
tutcd authorities i'll any assault, how
ever aggravated, instead OF taking re-
dress 10y violent means with ones own
hand.
l have had occasion to differ with
jurics, but not to impugn their mo-
tives or subject them to lectures. This
case was no exception. There was no
"lccturc' or 'rebukc.' The jurors
were gentlemen above reproach, and
DESTROYS of doing their whole duty; and
this was recognized by me, throughout.
No imputation whatever was cast upon
them. There was not the slightest feel
ing entertained, or, as think, exhibited,
against either the jury or the accused;
and the charge of blood thirstiness"
will not, | feel sure be sustained by any
one conversant with the incidents OF the
trial.
am not disposed to enter into dis
cussion OF the abstract questioninvolved,
but am content with simple recital OF
the facts. Very respectfully,
TnAYER MELVIN.