The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-04-09
uHBHAOKLED.

don-AfteF Many Years or waiting
Relief At Last Comes 10 the Old man
How He Received the News Of HiS
Pardon.
Governor Jacob B. Jackson issued an
unconditional pardon 70 Elihu Gregg yes.
terdAY, and to-day the longsufeEing old
man will again breathe the pure air oil
freedom.
The history Of Gregg and the crime Of
which he was charged are familiar 70 all
our readers; his condemnation TO death
for burning the Court House OF Kingwood,
Preston county; his escape, recapture and
subsequent trial and sentence 70 death,
and his appeal to the Supreme Court and
subsequent action in his case. II Is not
necessary therefore to recount his trials
and troubles infinitely. The last official
act OF Governor Mathews was TO commute
the death sentence pending over GIegg's
head to imprisonment for lie. Gregg
when he heard OF this act Of Executive
clemenCy ayoWed his intention OF refusing
to accept 1t, saying he would have liberty
or the execution oil the sentence OF death
passed upon him.
Since Governor Jacksons succession q
the Goyernorship he has been pstitioned
bv number OF parties to pardon Gregg
He has been considering the case care
iully for the past week, and yesterday he
made known the result Of his examination
deciding to pardon Gregg Internationally
His reasons Tor doing 80 will be. found be-
low, together with concise review OF the
case. The paper referred to reads % fol
lows: Mi,
In the matter OF the application Of Elihu
Gregg for Q pardon for felony OF which
he stands convicted by the judgment OIL
the Circuit Court OF Preston county, en-
tered Of record on the 2lst day OF October,
| 1859, 1t appears from the record filed In
this office that the said Gregg was, by the
grand Jury OF Preston county, duly i'm
paneled by the Circuit Court Of said
county on the 18th day Of July, 1869, In
dicted for q felony by him committed, in
this: That he, the said Elihu Gregg, on
the night OF the 7th Of March, 1859, about
| | o'clock In the morning oil said day, did
feloniously burn the dwelling house OIL
Peter VolIz, occupied at the time by the
family Of said Voliz There are touI
counts in the Indictment, the second
count charging the property burned as tht
Court House a Preston county, occupied
by the said Volts % his dwelling.
The third Court charges the burning OIL
the Court House, whereby the dwelling
Of Yoltz was burned. The fourth count
charges the burning Of the Court House
whereby the house Of H. Vankirk wS'
burned. ....-.
On the 18th Of July, 1869, the said
Gregg, As appears by the record, being
poor man and unable to employ cnunse
10 defend him, the Court assigned 10 hin
4 Henry @. ShowRlter as counsel to detent
him upon his trial for said oaense. AnC
therefore said Gregg by his said Counse
moved the Court Ior a continuance OF sale
cause, which was overruled. The sait
Gregg then moved the Court Tor a change
OF venue, which was alsa overruled: A
trial was then had, which resulted In {
verdict Of guilty, on the 18th day Of July
On the 10th q motion was made in ares
OF Judgment, which on the 2lst was over
ruled, and sentence Of death pronounced
upon said verdict,
From this Judgment writ Of error wa
obtained from the Supreme Court, which
was docketed and heard by said Court on
the 30Ih OF August, 1859, on WHICH day
the Supreme Court reversed The jldgmen
oil the Court below, and directed q new
trial OF said cause. tE. H.. ..
The Judge OF the Circuit Court Of Pres
ton county, on the eighth day Of October
1859, caused a special term Of said Court Il
be held, on which day the mandate Of thu
Supreme Court was recorded, and the cast
against said Gregg placed again ON The
docket for trial, upon the same indiCt
ment; and the Prosecuting Attorney an
nounCed himself ready on the part OF thu
State. -.n
The prisoner thereupon moved the
Court for continuance ot,said trial until q
future day OF the term, upon the ground o.
the absence Of bis counse, which motor
was supported by bis affidavit, aud which
motion was overruled. ..
The prisoner thon moved the Court fol
q change oil venue, which melton was also
supported by his affidavit, which motion
on the OH day Of October was also over
ruled, and the Court fixed the following
Monday, being the 18th, for trial.
On the 18th OF October the day fixed
by the Court for trial, the attorneys Of the
prisoner not being 10 attendance upon the
Court, and he being unable to employ
other counsel, the Court assigned 10 him
Gustavus Oresap to defend him upon said
trial. On thu said day Jury was sworn
and the trial commenced. On the goth o.
the month a verdict OF guilty was render
ed by the jury. A motion by the defend
ant 70 set aside the verdict was overruled
and on the 2lst judgment was entered
upon the verdict, and the prisoner sen,
fenced TO be hanged. Upon the trial the
prisoner had saved 10 him eight several
bills Of exceptions. This In brief Is his
tory oil the case to the last mentioned
date. .r......
Il Is Contehdsd by the prisoner thai
there was error committed by the Uourt
upon said trial to his prejudice, or,in other
words,that he was not fairly tried and con.
viCted In accordance with the forms oil
law.
Was there error committed upon said
trial2 .
The frst bill OF exceptions was taken to
the ruling oil the Court, refusing to con.
tinue the case to future day OF the term,
upon the ground OF the absence OF the
prisoners council. II appears from the
record that the prisoner not being able 10
employ counsel, the Court had assigned to
him Mr.. showaller. II was known 10 the
Court THAT Mr.. EhowAlLer was not resi-.
dent Of the county at the time he was 30
assigned. The term was special term.
The prisoner did not expect that his case
would be tried at a special term. Neither
did his counsel. The prisoner exhibited 10
the Court a letter from Mr.. Showalter
Informing him that he intended ITO see
him through" and that bis case would not
be tried at that term; that be, showalter,
would not be In attendance. The afida
Wit Of the prisoner fled, together with the
letter OF Showalter, made clear case oil
continuance. Showalter had once tried
the case, was familiar with all the evil
denCei had been appointed by the Court To
defend, and had accepted BY entering on
the defense. The prisoner had put him In
possession Of his whole case. He swofe
that he could not safely 20 10 trial in biz
absence. He was not absent by his pro.