Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-04-09
The Executive Clemency Ex-
tended to Elihu Gregg, the
: Alleged Preston Coun-
ty Fire Bug.
Gov. jackson Holds BE Has
Not Had the Impartial
Trial He is En-
titled to
And Accordingly Pardons Him
The Case Reviewed.
How the Veteran Re-
ceived the News.

a LEGGED Preston county uIc Uus, i-hHu
Gregg, whose checkered life since 1869
is pretty well known throughout this
section OF the country. For some time
past several persons have interested
themselves in the cid fellows behalf,
and the Executive has been petltloned
to pardon or at least commute his SEN
tence. In an account published but re-
Gently in the REGISTER II MAS SHOWN
how Ex-Governor Mathews had offered
to commute the sentence Of death to
five wears imprisonment, which was re-
jected by the old man, who vehemently
declared he would never 90 TO Mounds
vile, but would either
ENJOY LIBERTY oRsUFFER DEATH.
Since Governor Jackson came into
office, a mass OF papers and evidence
in the case has been offered, which he
has carefully studied, and his decision
is found below.
Emu Gregg's history is we'll known;
for over twelve years he has been fugl-
tive from the Law. The trials in Preston
county, his escape and the successful
of ex-Att@rney-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
he will be free.
The par Ion 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 perusal of ii, however, a
good idea can be had OF
THE FULL TENT OF THE PARDON.
EXECUTIVE DEPARTMENT,
STATE OF WEST VIRGINIA. !
In the matter Of the application OF
Eihu Gregg for a pardon for felony
of which he stands convicted by the
Judgment of the Circuit Court OF Pres
ton county, entered OF record on the
2lst day OF October, 1859, 1t appears
from the record filed in that Office that
the said Gregg was by the grand jury of
Preston county, duly impanneled by the
Circuit Court of said county, on the
18th day of July, 1869, indicted Tor a
felony by him committed, in this: That
he on the day OF March 9TH, 1869, about
o'clock in the morning OF said day,
did ieloniOusly burn the dwelling house
OF Peter Voltz, occupied at the time by
Noliz's family.
There were four counts in the indict-
ment, the second charging the property
burned as the Court House OF Preston
county, occupied by the said NOltz at
the time as his dwelling house. The
third count charges the burning OF the
Court House, whereby the dwelling OF
Vo!tz was burned. The fourth count
charges the burning Of the Court House
whereby the house Of III. Nankirk was
burned.
On the 18th of July, 1869, the said
Gregg, as appears by the record, being a
poor man and unable to employ coun-
sci to defend HIM, the Court assigned To
him Henry G. Showa!ter as counsel To
defend him upon his trial for said Of
tense. Gregg then, by his counsel,
moved for continuance OF said cause,
which was overruled. He then moved
for a change OF venue, which was also
oyerruled A trial was then had, which
resulted in q verdict OF guilty, on July
18th. On the Goth motion was made
in arrest OF judgment, which on the 2lst
was overruled, and
SENTENCE OF DEATH PRONOUNCED
upon sail verdict.
From this judgment writ OF error
was obtained from the Supreme Court,
which was docketed and heard by the
Court on the Both day of August, 1869,
on which day the Supreme Court re-
versed the judgment of the court be-
low and directed new trial of SAID
cause. The Judge OF the Circuit Court
of Preston county, on October s, 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 indict-
ment, and the prosecuting attorney an
nounced himself ready upon the part Of
the State.
The prisoner then moved the Circuit
Court for a continuance OF said trial un.
Ill future day OF the term upon the
ground OF the absence OF his counsel,
which motion was supported by his aiti.
davit, and which was Overruled.
The prisoner then moved the court
for change of venue, which motion
vas also supported by his affidavit, and
on the 9th OF October was also overruled
and the following Monday set rs the
time tor trial.
On that day (the llth) tie attorney
of the prisoner not being in attendance
and Gregg being unable 70 employ other
counsel, thecourt assigned him Gustavus
Cresap, Esq, to defend him; the same
day a jury was sworn in, and the
trial commenced. On the 20th OF the
month a verdict oil guilty was rendered
by the jury. 4 motion py the defend
ant to set aside the verdict was over
ruled and on the 2lst, judgment was
entered upon the verdict and the
PRISONER SENTENCED To BE HANGED.
Upon the trial the prisoner had saved
to him, eight several bills Of exception.
The above is brief history OF the case.
Ii is contended by the prisoner that
there was error committed by the court
upsn said trial to his prejudice, or in
other words, that he was not fairly tried
snd convicted in accordance with the
forms OF law.
WAS THERE ERROR COMMITTED iron SAID
TRIAL?
The first bill OF exceptions was taken
to the ruling OF the court, refusing to
continue the case to future day OF the
term upon the ground, OF the absence of
the prisoners counsel. 1t appears from
the record that the prisoner not being
able to employ counsel, the court had
assigned Mr.. Showalter. 1t was known
to the court that Mr.. Showater was not
a resident OF the county at the time he
was so assigned. The term was
a special term. The prisoner did not
expect that his case would he tried at
special term; neither did his counsel.
The prisoner exhibited letter to the
Court from Mr.. Showalter, informing
him that heintended to
"sEE HIN THROUGH"
and that his case would not be tried at
that term, and that he (Showalter)
would not be in attendance. The atfi-
davit OF the prisoner filed, together
with this letter, made a clear case OF
Showslter had once tried
O. 10 Z. -