West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1881-04-16
OLD GREGG LIBERATED.
"EIECUTIYT CLEMENCJ,' EXTEND
ED TO THE FIRE BUG,


ED TO mr. FIRE BUG.
Governor jackson Thinking lac
Knows More About the Case than
the People OF Preston, says ssIIe
has Not had the Impartial Trial
HHc should have had, and Ac-
cOrdingIy Cheats the GaIlOVs of
its Just Dues by Granting Him AN
unconditional Pardon.
We give the following particulars of
Elihu Greggs' case as published by thu
Wheeling Register:
Yesterday afternoon His Excelloncy
Governor Jackson signed paper pardon
ing and releasing from the laws custody
that celebrated character, tho alleged
Preston county fire bug, Ehhu Gregg,
whose chcckertd life since 1859 is pretty
we'll known throughout this section of the
country. For Some time past several per.
sons have interested themselves i'm the old
fellows behalf, and the Executive has
been petitoned to pardon or at least com
mute his sentence. In an account pub
lished but recently In the Register il was
shown how ex Governor Mathews had
offered TO commute the sentence Of death
to five years imprisonment, which was re-
jectel by the old man. who vebcmeptly
declared be would never 60 TO Moundsvilie
but would either
ENJOY LIBERTY OR SUFFER- DEATH.
Since Governor Jackson came into
office, mass of papers and evidence in
the case has been offered, which he has
carefully studied, and his decision is found
below.
Elihu Gregg's history IS well known :;
for over twelve years he has been fugi
tive from the law. The trials in Preston
cOurty, his escape and the successful of
ex-AttorneY General White 10 bring him
from Pennsylvania to this State, has all
| been written and rehearsed so often that
| it is an old story but now the gates are
to be opened and once more be will be
free.
The pardon sets forth in a very
| lengthy manner the reasons that induce
the same. In the copy given below,
many set legal phrases and expressions
are omitted, and the main part given.
BY a careful perussl of Il, however, a
| good idea can be had of
THE FULL TEXT or THE PARDON.
EXECUTIVE DEPARTMENT,
STATE or WEST VlRGINIA.
In the matter Of the application OF
Elihu Gregg for pardon for felony Of
which he stands convicted by the Judg
ment of the Circuit Court of Preston
county, entered of record ON the 21st day
of October, 1869, it appears from the
record filed in that ofllcs that the said
Gregg was by the grand jury OF Preston
county, duly impanasled by the Circuit
Court of said county, on the 18Th day of
July, 1860, indicted for a felony by him
committed, in this: That ne on the dsv
of March 7ih, 1869, about o'clock ia the
morning Of said day, did feloniously burn
the dwellii z house Of Peter Voltz, oc
cupied at the time by VOLTS family.
There were four counts ia the indict
ment the 6, coud charging the proper,v
burned as the Court House Of Preston
county, occupied by the said Volt at
the time as bis dwelling house. The
third count charges the burning of the
Court House, whereby the dwelling of
Vcltz WAS burned The fourth c, unit
charges the burning of the Court House
Whereby the house of Ii. VanKirk vas
burned.
On the 18Th Of July, 1869 the said
Gregg, as appears by the record, being
poor man and unable to employ counsel
to defend him, the Court assigned to him
Henry G. Showalter rs counsel to defend
him upon his trial for said cffense.
Gregg then, by his counsel, moved for
continuance of said cause, which was
overruled. He then moved for change
of venue, which was also overruled. A
trial was then had, which resulted in
verdict of guilty, on July nth. On the
goth a motion was made in arrest of
Judgment, which on the 21st was over
ruled and
SENTENCE OF DEATH PRONOUNCED
upon said verdict.
From this judgment writ OF error was
obtained from the Supreme Court, which
was docketed and hoard by the Court on
the 8Olh day of August, 1869, on which
day the Suprems Court reversed the
judgment of the court below and di-
rectod new trial Of said cause The
Judge Of the Circuit Court of Preston
county, on October 8, 1869, caused
special term Of said court to be held on
which day the mandate Of the Supreme
Court was recorded and the case against
Gregg again placed on the docket for
trial, upon the same Indictment and the
prosecuting attorney announced himself
ready upon the part Of the state
The prisoner then moved tho Circuit
Court for q continuance Of said trial until
future day Of The term upon tho ground
of the absence Of his counsel, which mo
ton was supported by his afidavit, and
which was overruled
The prisoner then moved the court for
change OF venue, which motion was
also supported by his aGiIavii, and on tina
oh Of October was also ovorruled and the
following Monday set az the time for trial.
On that day Che 11th) the attorney OF
the prisoner not being in attendance and
Gregg being unable 10 employ other