Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-11-11
CARD FROM j. ID. EWING.
Defending the Action Of Judge
Melvin in the Brandon Case.
Editor OF the REGISTER.

Editor OF the Register:
In your paper OF this morning | no.
ticc editorial reference to an article en-
titled ">oiled Erminc," said to have
emanated from the Fayetteville Enter
prise. | have not seen the article re-
terred to, but from the character OF your
criticism, as well as from the comments
| Of the !Stdnd0,d OF yesterday evening,
have no doubt it does the grosscst injus-
tice to the Hon. Thayer Melvin, Judge
OF this Circuit.
The ease referred to is the State against
Henry Brandon, indicted for murder
and recently tried in Marshall county.
! think it was never expected the defend
ant could be convicted OF an otfense
higher than manslaughtcr the defense
was based upon the claim that the homl-
eide WAS cXcuSablc III scli-defenSe, the
facts were such that the defendants
counsel thought ii verdict OF man
slaughter were found il would be sus-
tanned But they thought that with
the evidence of the defendants general
good character. which was storing and
abundant in the case, that verdict
OF acquittal, whilcit might be said would
lean to mcrcy's side, could not he SEN
Surcd.
was not present when the verdict
WAS returned, but was of counsel for
the defendant; was present during the
whole trial, and have talked with my
co-counsel, Mr.. J. L. Parkinson, who
was present ut the return of the verdict
and discharge Of the defendant, and how
such misrepresentation connected with
the case can have gotten abroad | can
not conceive. The conduct OF the Judge
during the whole progress was, as ! am
sure it is in every case, characterized by
the most marked ability and fairness.
And upon the final motion to dis
charge the prisoner, the remarks OF the
judge have been greatly misunderstood
If not misreprescntcd. The jury were
not rebukcd for finding the verdict OF
"NOt guilty. The case had been ably
prosecuted and zealously defended, and
many technical distinctions made, and
the Court, in announcing the opinion on
the motion TO discharge, alluded to this,
and to the fact that under the evidence
verdict of manslaughtCr might have
been supported, but that under all the
circumstances OF the case, good charac-
ter included, the jury had inclined
to the side of mercy, and their
verdict should be taken as cxCusing but
not justifying the homicide; and indeed
this was the position taken and con-
tended for by defendants counsel on
the argument. There was no manifcs
tationS of blood thirstincss there. There
was no crminc Soiled. | have not here
toforc undertaken to correct misreprc-
sensations which gain publicity i'll cases
where ! am connected as counsel, and
would not now il | alone were con-
ccrncd But could not re-
main silent when the judicial
character of one of our most able, inn
partial and upright judges is assailcd
and so monstrouSly misreprcscntcd;
and the more especially, when the in
Justice is aimed at one whom have the
honor to claim amongst the number OF
NV personal friends. Hence, | have
made this voluntary and unsolicited
statement and hope the press will take
pleasure in correcting the injustice done.
J. u. EWING.
Nor. 9th, 1873.