The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-02-20
TlIE scmMrLnAom cAsE.
a verdict Of ..Net GalIls'' Returned by

the Jury.
Tie case Of Henry schmulbach, indiGt.
ed for tile murder OF Hamilton r. For
sythe, which has been on trial in the Cir.
cult Court since Monday last, terminated
last night III the acquIttal Of Mr.. sclimul.
bach.
Great interest has been taken in this
case, from the peculiar circumstances sur.
rounding Il, the wealth and prominence Of
the accused, aud the wide acquaintance
and personal popularity he enjoys. Ac.
cOrdingly fromlhe time the case was call.
ed, on Monday morning last, the court
room was crowded with spectators, and
many persons were unable to even gain
almittance to the building.
The tragedy is of such recent occur.
renee that all the details bearing upon tho
case, which were published at the time OF
the inquest In the public press, are per.
haps familiar to our readers. The wit.
nesses before the Court during the week
were in the main the same who testified
before the COIoncrs jury. The evidence
was concluded on Tuesday afternoon, and
the argument opened by Prosecuting At
torncy Jordan for the State. Mr.. Geo. u.
Caldwell followed for the defense, con.
Guiding his argument about 10 u. NJ, when
Court adjourned until yesterday morning
at o'clock.
Gourmet DAM. yesterday, pursuant TO
adjournment, and Mr.. E.G. Cracraft com.
menCcd his argument for the defense, and
spoke until about half.past l2 o'Clock, when
an adjournment was ordered until 2 r. VI.
At that hour Mr.. ]. II. Good opened his
remarks on behalf OF the prisoner, Contin.
uing until al title after !. ~, when Capt.
b. d. DOvcner commenced his argument
for the State. At $3.50 r. ". Court adjourn.
c,l until Z r,M.
Capt, Dovener resumed his address 10
the jury at r. NJ, and spoke about two
hours and u half longer, closing the argu.
ment at 9:JOP,N
Tic Court then announced that counsel
Ind submitted their instructions 10 late in
the progress OF tho trial that he had not Civ
en- them tue attention he desired and asked
II 1t was the will OF the Jury 10 remain
until he could prepare the instructions, or
stand adjourned until morning and retire
to their lodgings to spend the night. He
observed that they were perhaps tired,
having been occupied in hearing
the case pending for several days,
and might prefer to retire. On the
other land, Il they were anxious
to receive their instructions and consider
Of their verdict before retiring, he would
order the Sheriff to take them 10 the jury
room, there to remain an hour or So,
while he looked over the instructions,
when they would he brought back to the
Court chamber to receive their inStFuo-
lions, which having been done they could
retire again TO the jury room to consider
Of their verdict.
The jury, through their foreman, Mr..
\. e.. Robinson, answered that il was
their wish 10 proceed with the considera.
ton Of their verdict, and IL possible arrive
at IN agreement before tho adjournment
OF Court, upon which Judge Melvin di.
rected the Sheriff to escort them to the
jury room, there to remain until he had
prepared his instructions, which was done
at once. The Judge himself retired to his
Office to look over the papers submitted
to him by counsel. After an absence Of
nearly on hour he returned to the Court
room, The jury was sent Tor and received
their instructions; the instructions al.
lowed on behalf OF the prosecution being
read by Mr., Jordan, and those for the de-
tense by Messrs. Cracraft, Good and Cald-
well. The jury retired to their chamber
at 1880 r. NJ.
AT exactly eleven o'clock, after the jury
had been in their chamber Just thirty
minutes, the bell rang, and Sheriff Tingle
proceeded TO the jury room to bring them
down, Tho dense crowd which had filed
the Court House during tho entire oven.
ing, and which had waited patiently to
ascertain II there was any possibility OF
the jury agreeing upon verdict, was
quiet in an instant, and deatli-like still
ness. prevailed. As the gentlemen Of the
jury slowly filed into the chamber aud
took their places, Deputy Sheriff Mitchell
addressed the crowd, commanding quiet
and order, aud notifying all concerned
that, In case the Jury had arrived at a YER
dict, there must be no demonstration or
applause, on penalty OF arrest and i'm,
prisonment.
The roll OF jurors was called by Clerk
McCullOch, and all answered to their
names. Dir. SChmulbach was then no.
quested to stand up, which he did. The
jury, upon being asked by tho Court il
they had agreed upon verdict, replied in
the affirmative, that they had found the
prisoner at the bar mot guilty"
Despite the admonition Of the Deputy
Sheriff, the announcement Of the verdict
was received with some applause. Mr..
Schmulbach was Immediately surrounded
by his friends, who crowded forward from
all parts Of tho Court room to extend their
congratulations The usual Formally Of dis
charging the prisoner from custody was
gone through with, and Henry Schmul.
back was free man.
The verdict Of the jury was, OF course,
talked of good deal on the streets after
the adjournment OF Court, and seemed to
give very general satisfaction. All seemed
well pleased With the result Of the trial.
WHEELING FAMILY MAnxEr.-Thcrc arc
no material changes to make in the quota.
tons Of this market. Butter is in fair
I