The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-04-07
The steubenyilIo Murder trial.

SfEuBESvILLE, April s, 1870.
Editor IniSlllgshcer:
The case Of the State Of Ohio VS.. John
Stewart for the murder Of John Mccain,
by shooting him through the heart with
an Enfield rifle, loaded with shot and
slugs, while he stood in his own doorway,
on the 4th day OF July, 1873, in this city,
concluded Thursday night by the jury re.
turning verdict Of guilty Of murder in
the second degree, after they had been
out 50 hours or Whereabouts. The trial
ELECTED the universal interest Of our citi-
zens, and ranks as the most important that
has ever been brought before the courts Of
this county. Many ladies, It was noticed,
were among the spectators, and in the
eleven days occupied in behalf Of the
cause, the students Of the Female Semi.
nary were very frequently among and
composed large part OF the fair auditors.
The plea OF insanity was interposed by
the prisoner, and the court room at times
seemed 70 be thronged with members Of
the medical profession, summoned as ex.
perts and witnesses to testify to strange
and inexplicable acts and language OF the
detendent. 1t was claimed that on the
day OF the homicide the accused, in good
faith, to allay thepains Of disease, took an
over dose OF laudInum az or 10 drachms)
producing delirium, and while In this con.
dltion perpetrated the crime charged ia
the indictment. After the testimony clos
ed the argument was opened by Jas. F.
Daton, Esq, for the commonwealth,
which was u mastery oratorical prOduc.
ton. The gentleman has the reputation
OF being one Of the leading criminal law.
yers OF the Ohio bar, and one OF the hand.
soonest, and he never talked or looked
better than when delivering his argument
i'll the cause which was done in a rich.
round mellow voice, and when he had done
1t seemed that he had by his logic
and elOquence built wall OF adamant
round about the prisoner. His perOra-
ton was interspersed with rare bits OF i'm
agery, pathosI and heightened rhetoric.
II is TO be regretted that his speech can
not be given verbatim. His picture Of The
assassin on his murderous march in search
OF the victim Of his chOler, made the mar
row to freeze in ones bones. He was fol-
lowed by Hon. Robt. Martin and Col
Thomas McCauslin, who handled their
defense in an able and learned manner.
W. A. Owesency, Esq, the senior counsel
tor the defendant, madea sound, sensible |
and scholarly argument, aud held the un-
attention Ofthe Jury for more
than seven hours. MIR. Owesenev is a |
lawyer Of talent and much learning The
case was closed by the representation OF
the government, Walter Q. Dug, Esq. Mr..
Ong : argument cannot be too highly prais-
cd. 1t was in response To the finest reas-
Oning that could be, il would seem, interiect-
Ell into u debate. He spoke in clear, silverv
and musical VOIee, aud although the acOus- |
tics Of our court room are very impe. feet, |
was heard by all who were in the crowd. |
ell apartment. He stripped the theo-
ry OF insanity advanced by the de-
tense OF every vestige, and left It a "tiimsy
fabric torn in shreds," and, continuing Us
he did for three hours, no eyes were turn
ed from him throughout its entire length.
lie has received many deserved encOmi-
ums from the highest sources; and when
we consider that he is young man, it is
predicted for him that he will attain to the
lottlest positions in his profession. Re-
that such men as Stanton were
members OF this bar We can console our.
selves that the profession in this county
is not by any means degenerating.
A motion for new trial will be argued |
Wednesday next. SELDOM.