Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-08-15
THE WEIR CASE.
THE FATE or THE PRISONER STILL
IN THE HANDS OF THE JURY.
A Portion Of Judge 0ksy's Charge-kuch
Indignation Caused by the Wording
Of the Wonderful Document
0anford Pictures the
Gallows and
WEIR BREAKS COMPLETELY DOWN.

Special Dispatch TO the Register.
ga. ST. CLAIgsvLLE, Aug. l3.
Last night at Q o'clock the Weir mur.
der case, which has been on trial in the
Common Pleas Court for the past two
W eks, was given into the hands OF the
jury, which then retired to the jury
room to make up their verdict.
In their speeches for the defense
Msssrs. Chambers and Danford lsbored
hard to awaken the sympathy OF the iu-
rors for the prisoner. The defense relied
mainly upon sympathy and the fact that
the murdered man did not have an ex-
cellent character. The speech OF Pros
ecuting Attorney Mitchell, who closed
the case, was the weakest of the lot,
although there was every opportunity
to make it the strongest. But up to
this point the State had clear case and
it was not necessary for Mr.. Mitchell to
make an oratorical display in order to
convict the prisoner. The law and the
testimony were all on the side OF the
State and there could be no question as
to the guilt OF the prisoner as he was
charged. But when the court came to
charge the jury his Honor knocked the
"stuffing" clean out OF the States case.
1t was evident, if the Judges interpre-
tatioa OF the law was to govern the
jury, neither George Weir or any other
man would ever be convicted OF murder
in the first degree. The people in the
court room were astounded at the alb.
surd ideas advanced by the Judge in
his charge. The following is sn extract
from the wonderful document:
"By our statute in murder in the first
degree the malice must be deliberately
premedltated; that is, the homicide
must not be merely thought OF or
threatened at some time beforehand,
but when so thought Of or threatened
beforehand it must have been done
cody and sedately and at time when
there was no excuse or palliation for the
thought or threat. 1t is not enough
that the thought was previously intend
ed or threatened; it must have been
thought OF and threatened when the
mind was composed and not clouded by
passions or other sufficient disturbing
cause. Further, it is required under
murder in the first degree not only that
the malice must have been deliberately
premeditated, but the killing, in the
language OF the statute, must be OF de-
liberate and premeditated maiiUe-tn..s
is, the killing must have been the re-
suit of the malice as deliberately pre-
meditated. The killing must have been
in pursuance OF such deliberately pre-
meditated malice. and if there was be-
yond reasonable doubt such premedi-
tstion ss afterwards, some justifying
cause or provocation, or impulse inter-
vened, and the killing happened in fact
upon such impulse, or from other suth-
cient cause, the homicide would not be
murder. In determining as to
the existence oil maIlce
YOU will consider all the
circumstances OF the case and may con.
slider the feelings OF the politics towards
each other. and may consider the char
actor OF the deceased, whether he was
vicious, dangerous man or not, and II
you find it is doubtful whether the de-
fendant was actuated in what he did
rather by the principle OF self preserva-
ton than by malice, then you cannottind
him guilty OF murder. II it is doubtful
whether the defendant acted from an
apprehension of danger rather than from
malice, then il there was no other justi-
tication the defendant would be guilty
of mapslaughter. You will consider all
the testimony for the purpose OF de-
I. running the condition of the defen-
dant's mind at the time OF the homicide
and ascertain whether he acted with
a mind cool aud deliberate, or
whether no acted from impulse,
ar mind Il rudei and disturbed
bv passion or apprehension OF danger"
It is 80 manifest that this charge fayors
the Il ,irndant in this particular case that
v,rv bitter feeling pervades the com.
muniry and expressions OF indignation
are to-day heard on every side. 1t is
the only talk OF the town. There is
| almost ss great excitement here to day
As on that tragic Christmas when the
| life blood OF Sterling Riggs stained the
snow ON the streets of st. ClairsYille.
The court room was crowded all day
Yesterday, a considerable portion OF the
audience being ladi g, who came TO hear
the eloquent pleadings OF counsel. 1t
was 4 solemn scene. Tie prisoner
Weir retained his customary indiffer-
ence until Mr.. Danford, in his speech,
portrayed the gallows scene, and then
Weir for the first time broke down with
fear and trembling. During the even
ing session he appeared troubled and
apprehensiye and the features OF his
face plainly indicated suffering.
Later.
ST. CLaIRsvILLE, Aug. II, 6P. NJ.
The Jury in the Weir case is still
locked in their room and it is believed
now that they will be unable to agree,
Yesterday about two O'Clock it va,
learned from reliable source that Il G
iury stood four for conviction OF murde,
in the first 4, gr,e, four fOr murd,r in
the seeopd degree, three for manslaugh,
ter and one blank. Lst.r in the day
the jurors notified the Court that they
could not agr-- and - - to be dis
charged, but this the Court refused tc
do. During the vening the rumor Wa
abroad that they hal vo: II eight fol