Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1880-12-02
For the Pen.
aALITpoLIS.

hO0f7 A<43Ss 4CSOs
For the Pen.
Thursday was sentence day In the
Court of Common Pleas. The prison.
ers, four in number, James ". Erwin,
George l.. Ritz, Van Spence and Liv.
ingston Sweeney, were brought over
from Jail. Before sentencing the pris-
oners TO the penitentiary Isaiah Wood
was called by the court and fined s2a
for beating woman, and ordered to
stand committed until the same be
paid.
JAMES W. ERWIN
was first called to stand up. Erwin
will be IS years old next January. In
1872 he killed his son-in-law, David
Henry I.ollis, in Morgan township,
about the ownership OF an old shed.
Erwin was indicted for murder In the
first degree, and on trial was found
guilty of murder In the second degree.
This verdict was set aside by Judge
Guthrie for misconduct of the jury.
On another trial afterward he was again
convicted of murder. In the second
degree, and error was taken from this
to the Supreme Court, where the case
was reversed. Lewis Erwin, son of
the defendant, was material witness
for his father. In order to effect re-
peated continuanoes of this case the
old msn caused Lewis to be adjudged
insane-tho' there was not particle of
insanity about him-and sent to the
Athens Asylum. Whenever term of
court came around the case was sworn
of on account of Lewis absence. The
case finally had attained so much
celebrity. and the costs had grown to
thousands of dollars, and the feeling
against Erwin had become so great,
that the case was transferred to Meigs
county for trial. It was afterward
nollied, Erwin paying $500 of tife costs.
Lew then returned home.
The trouble in the present case was
about two window glass that Lew had
taken out Of one Of the defendants old
cabins, and taken home. The old man
had previously sold Lew rifle gun.
After Erwin discovered that his glass |
were gone he flew Into a passion and |
from the tenant house where the glass |
had been taken abused Lew, calling him |
a thief, rake, etc. Erwin then started
toward Lewis house, and when within |
about 90 yards, as claimed by Erwin
but disputed by other witnesses, Lew
snapped cap with his rifle at the old
man. Erwin then drew his revolver,
cooked it and rushed toward the house.
Lewis wife warned him of. Erwin
rushed on Lew, who grabbed the re-
volver, scuffle for its possession took
place through the house and out Into
the yard, Lew and his wife all the
time calling for help and crying
murder. The pistol went off In this
scuffie, the ball entering Lewis thigh
and ranged downward and split the
knee joint. The surgeons amputated
the leg, and Lew died within few
days, This shooting occurred last Oc-
tober. The old man as soon as he had
shot Lew Immediately left for home,
without any attention to his wounded
son. On Wednesday the following
jury was impanneled to try Erwin, the
Indictment beiug for murder in the
second degree flames Harper, Geo. T.
Brosius, B. 81. Dame, E. L. Wood, A. P.
Menager, J. G.. Fox, - McGath, B.
r. Mccall. Jesse Cox, VIII Sharon,
Charles Cox and P. H. Stevenson. The
defense was that the shooting was ac-
cidental; aud that he shot III self de-
feuse, Lew being wild and dangerous
man. The trial ended Wednesday
night, near midnight, and the next
morning the jury returned verdict OF
guilty OF murder in the second degree.
When Erwin was asked what he had to
cay why the sentence of the court /
should not be passed upon him, in
nervous manner he said
That woman [meaning the wife OF
Levi is the most venomous thing that
crawls over this earth; If it hadn't been
for me she would have starved to death
and froze to death; she set herself
about to do everything against me; she
has no remorse, no regard; you ought
to saw her the first time he was adj
judged insane; saw her pick up q
maui and he took 1t away, and she
catehed up an ak and said she'd split
his brains out; she is the most VEN
omous thing on earth. If l had had
that revolver up to his breast, why
didn't shoot him? Before could get
away looked back and saw him with
the gun. I had got near the door and
he made spring and caught the re-
volver; did every thing to get 1t
get his hands off; she wasn't present
when that gun went of as sure as that |
sun sets; said I want that gun, you |
snapped cap at me and l want that
gun; didn't intend to shoot; wouldn't
have cut my hand if had. The law
of retribution will come; l can stand /
It; the law of retribution will take
hold of her for what I've done to keep
her from starving; hauled them three
loads of wood in day when both were !
lying in bed; would go after night
and chop wood when he was away;
ask the neighbors. She flew on me
like viper that morning; she would
have let him bled to death on me; she
pretended to fall down on him after |
this act; she was going to walk clear TO
Porter and carry her child to appease
venom on me. If was never going to |
speak another word, that revolver went
of accidentally; she wasn't present
when it went off; she was up the hill;
it's fabricated lie. / can't make my
case any better. l am telling.the truth
now. The jury fixed your verdict. it
can not be changed. i was intending
to get that money away [meaning the
money paid for the gunl to keep him
from getting drunk; she said was
never going to get that gun or another