West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1879-10-18


The history Of EJhu Gregg known
AS tile Preston county fro bug, wEo
has twice been under sentence Of
death for burning the Court House OF
Presten county, il iam.iiar to the
pubic. After being at large a nun.
Der of years. Gregg was captured Lac,
winter 0p In Greene county, Penn
sylv4nla, and brought here and lodg
ed IN lail to await the demand OF he
authorities 81 Preston county. Re
Gently the old man was taken to
R.ngwood TO be re-sentenoed.
On Tuesday last the prisoner wac
brought before Judge Brannon, at
Kingwood. Mr. Geo. O. Davenport,
OF THIS city, appeared az his counsel.
Gregg l1s,sCed that a writ Of erlor
had been issued IN his cause, and that
his sentence had been aupercedel.
His counsel, and he clerk, had no
recollection Of any such procedure;
but Judge Brannon stated that the
matter had occurred some ten years
ago, aud the gentlemsn might forget
what proceedings were taken and
had, and therefore ordered that the
counsel Tor the prisoner procure from
the Clerk of the Supreme Court OF
Appeals, Mr.. Long, cert f a.e 0 Ia
iacts in Greg9's case. If any such
there were in his office. We have
been shown the certificate OF Mr.
Long, which is AZ follows:
|. o. S. Long, Clerk OF the Su-
preme Court OF Appeals of West Viz
ginia, hereby certify that l have
carefully examined the books and
records in my Office, and that there
IS no appeal, writ OF error, or super
sedeas pending, in this CONT, In a
case 10 which the State OF West Vir.
ginia is plaintiff, and Eihu Gregg Is
defendant.
10 testimony whereof have here.
unto let my hand and affixed the
zeal Of our Supreme Court OF Appeals
this 9th day OF October, 1879.
o. S. Long, Clerk.
1t is understood between the Court
and counsel that the latest day pos
sible will be fixed for the eyecuucn,
10 order to give ample time for the
prisoner to prepare bis petition and
writ OF error, or to apply to the Gov.
ernor for pardon. Judge Brannou
hos therefor fixed for the execution
Of the prisoner the latest possible dav,
which has been determined az Fri
day, the 9th oil February next.
The only question determined by
Judge Brannon was the ider tity OF
the prisoner, which question was
waived by Gregg. The prisoner will
probably De sentenced in lew days,
as 10 opposition will be made TO 1t
by counsel. An application for a
writ OF error will be made at an ear
Iy day to the Supreme @ urt OF APP
pea's in his cause, which, if granite
VIII operate rs q supeisedeas. The
application Will be made on the
ground. that the verdict is informal,
lndednite and insufficient; that it
does not appear from the record of
what crime the defendant was gull
ty Of, he having been by the record
found guilty of felony on y; because
1t does not appear Of what class OF
felony be was convicted; because il
does mt appear that be was guilty
Of the arson mentioned in the indict
ment, and for other errors. The pc.
tition will be presented at the spo-
cial session of the Supreme Court now
being holden in this city, in orler to
facilitate matters. Wheeling S1tur-
! day EUeftag JournaJ.
Judge Brannon has not fixed the
9th Of February nor any other day
for the execution Of Gregg as stated
above. Otherwise, the statements Of
our cOtemporary are substantially
correct, ED. ARGUS.