The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-08-26

- NNAE W AhN wv
The case Of Eli Ice Is discussed at length
in our columns this morning by Mr.. B. d.
Dillon, who says he has been at pains to
get at the facts. We expressed the opin-
ion over a year ago, when Ice was first ar
rested on tho charge OF having killed
Wade during tho war, that It would be
wise to let the ease drop rs n Of the dark
deeds Of the border about which only q
part OF the truth could ever be known. II
still seems US il the case ought not to have
been rcsurrected so many years after if
occurrence. The Richmond Dhpaich took
this view Of tho matter at the time; q view
that was Crcditable to it under the circum'
stances. The fact hat Gen. Goff, a Unior
soldier, prosecuted the case in the U. s
Court against Ice, and that he was thor
oughly satisfied Of Ices guilt, has done
much to shake the first belief on the part o.
Unions oldiena and citizens in theinnocenct
Of Ice, and We confess that it has had ii
weight with us. We can not believe tina
Gen. GoEf, eitheras Prosecuting Attorney
or as a retained lawyer in any capacity
would be instrumental in C~onsigning Q
Union soldier to prison for life abouI
whose guilt there was any fair question o.
doubt. We therefore conclude that there
was good ground-strong ground even
for believing that Ice really committed
murder, in violation Of the laws OF war, in
shooting Wade. But how are we ever to
know that he was really guilty? The
court-martial that tried him did not find
him guilty, aud all the facts were then
fresh, and while the letter OF the law that
a man shall not be twice put in jeop'
ardy for the same olTcnse does not apply
in this case, yet the spirit Of that provi'
sion was meant to protect all men from a
resurrection OF prosecutions against them
for fear thatthey might be put a adisadvaR'
tage by the lapse Of time or some other
obstacle toa complete defense Of their in.
terests.
In the nature Of things it can never be
known from what motive Ice killed Wade.
There were many deeds doneinthose days
on both sides that like this one are wrap.
ped in the mysteries OF neighborhood
feuds and personal enmities. 1t is always
so in border wars, and at the close OF such
wars it has always been the policy Of
nations to bury irregular deeds in obliv-
ion, US impossible Of settlement by any
satisfactory standard of judgment. . Why
should not this have been the policy in
Ices case2 Why should he not have the
full benefit OF the doubt that surrounded
his case? This We say while believing
from all that we have seen that the weight
Of evidence ia against him, and only be.
cause there is a possibility OF his in.
noCenCe.
His fate is in the hands OF the President
Of the United States, and for n we would
be perfectly willing to see it settled by O
petition from the people OF Marion coun'
ty, irrespective OF politics, who knew both
men, and who were cOnversant with the
facts as far as they can bereCalled. The fact
that the man was convicted and has been
in prison for some monts is calculated To
satisfy tlerancor otthe partisan feeling I'm.
der which he wa arrested, and to induce
a sober second thought as to whether, un.
der all the circumstances, the man might
not really have been innocent Of murder.
II a thousand people Of Marion county
who knew Ice and Wade are willing tc
sign petition to the President Of the
United States, setting firth their doubts
as TO lees guilt, We believe the President
would pardon him. This is the only prac
teal way to reach the case as it now stands