Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-04-22
AWAITING THE VERDICT.
CRIMINAL CASES CONDUCTED AT
THE CIRCUIT COURT.
Averdict Of mot Guilty" in the Miller Muir
der Case-Self-0efen is Proven
The Smith Jury Unable
to Agree.

The arguments in the Miller murder
trial were finished yesterday morning,
and the case given TO the jury. Messrs.
Marshall and Dovener for the defense
and Prosecuting Attorney Jordan ior
the State, each made fair argument, at
the close OF which the jury was instruct
ed and retired to its room. This was
about IL o'clock.
The scene in the court room was well
worth description. The Judge amused
himself BY "planking the deck" up and
down in his little bench. The attorneys,
late so fiery and warlike to the other
side, now hob-nobbed together and laid
small wagers on the length OF time the
Jury would be out and upon the prob
able verdict. The clerk amused small
coterie Of admirers by getting off his
favorite dramatic performance at the
nth end of the room.
Henry Miller, the defendant, was
almost entirely unmoved, notwithstand.
ing the fact that his life was at stake and
held in the hands OF twelve men. His
wife, who sat near by, WAS entirely dif-
ierent. Her nervousness was very APP
parent. She started at every sound,
but kept her eyes almost constantly
upon her husband, as if she feared he
might be torn from her.
The interest was almost sensational,
when, at the end OF about three-quarters
OF an hour, the jury filed in and filled
up the box. The clerk gave plenty OF
opportunity for suspense, calling the
roll very slowly. Then he said
Gentlemen OF the jury, have you
agreed upon verdict"
ave have" answered G. l.. Davis,
who had been elected foreman"
"Will you speak yourselves, or
thrC ugi your for man?
Through the foreman" nswered
several.
The prisoner stood up and faced the
jury, and the solemnity OF the scene had
now an apparent effect upon him. lie
looked white and nervous.
"Gentlemen OF the jury, look upon the
prisoner; huw say you, is he guilty or
not gu;lty?"
Not guilty"
The announcement created quite a
sensation about the court room. Miller
had quite recovered, and warmly
grasped the hands OF ms counsel. HIS
wife rushed forward and shook hands
with him, with his counsel. with sew
eral jurors, and seemed willing anxious
to shake hands with anybody. The
Jury was dismissed, and Miller was
formally discharged from custody.
The jury based its verdict principally
upon the ground OF self defence. When
Miller and Hilton had the first row, the
former had said he did not want to
fight and the latter that he was tine best
man. THEN Hilton had evidently
sought Miller for the purpose OF renew
ing the trouble and had had revolver,
one of the witnesses having heard it
click as he advanced. The first shot
was fired by Hilton and Miller had not
used the revolver until wounded by it.
Both men were more o. less under the
influence of lisuor, Hilton having got
ten pretty mellow before leaving the
city. These facts induced the jury to
consider the shooting done in self de-
tense. There was also evidence to show
that Hilton was neglected, after having
been injured.
UNABLE TO AGREE.
Yesterday afternoon, the court was
occupied in the trial of the case OF the
State vs.. Henry Smith, on an indict-
ment for grand larceny. The charge is
that sometime in October. or thereabout,
Smith went 10 Jacob Fishers house,
near Tridelphis, and stole several arti-
cles Of clothing, belonging TO Jacob
Fisher, Jr.
The case went to trial before Jury
composed of Charles Hirsch, VIM.
Fritsch, w. III. Davis, j. w. KEENAN,,
Thos. Glasscock, Ed. Clator, John Hell
ner. Jr C. W. Quimby, John Lisson,
James Clark and John Turpin. Col.
Arnett represented the defendant.
Testimony Was taken, but short
tune being occupied in 80 doing. Smith
vent upon the stand and admitted hav-
ing taken the property, but said it was
broad daylight and he was very drunk.
The jury was charged and went out
about o'clock.
At supper-time the jury had not re-
turned, and were marshaled off TO sup-
per and again closeted. Then began a
genuine "waiting for the verdict" At
FIRST there was fair crowd OF lawyers
and spectators, tut as the hours slipped
by the gang gradually drifted away and
dwindled down to half dozen. By 10
o'clock the fund yarns was exhausted
and Col. Arnett began to grow sleepy.
Finally Judge Melvin found the jury
could not agree and it was discharged.
COURT NOTES.
Frank Vests case has been set for
June I.
Charles Neidemeier will be brought
in for trisl on May 81.
The jury in the Smith case stood for
grand larceny and for petit larceny.
There is legend connected with the
court, that if the clerk continues to lose
his hair he will soon be bald.