Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-09-27
A MURDER CASE
Now Before the Executive Asking
ClemenCy.
A Man Who Killed Another to Save His
Wife's Honor and Is Now in
the Pententiary Asks
Pardon.

81 have q rather interesting case before
me, to-day" said Gov. Jackson, yesterday,
to a REGISTER reporter. Jake KemPle is
the attorney and the matter is petition
for pardon for sardine."
"a sardine"
Eyes. Sardine Fogie is his name and he
is now in the penitentisry for murder in
the second degree. The petition was filed
to my predecessor, Gov. Mathews, in 1879,
and was only recently brought 10 my at
tention. Here are the papers IN the case"
Taking packet of documents from his
desk, the Governor read the indictment
and the petition. 1t seems that between
Christmas and New Years, of 1877, Sardine
Fogle shot and killed William A. B0astiC,
in Upshur county. The circumstances
were certainly very extenuating. Boastic
went TO Fogle and requested him
to meet him at singing school, on
the following Saturday night, as he would
probably have a fight and wanted Fogle to
act as his best man. Fogle went, but
Boastic did not show up, and after time
Fogle returned home. He found his house
bolted and barred up and his wife, who was
inside, was in great terror. She said that
during her husbands absence, Boastic had
come to the house and made very insult
ing proposals 10 her, which she Indignantly
repelled. He had been so vehement in his
dtmands that she had bolted and barred
the doors against him. When this nara
ton was made, Fogle concluded Roastic
had invited him to meet him only to get
him away from home, and he was much
wrought up overit.
A few days afterward Mrs FOge re.
turned from her father in. laws, after a
short visit, and told her husband that
BOastiC had been there and had heard il
stated that FOgle, her husband, would 90
away on a certain day to look for his sheep,
to which statement Boastic had apparently
listened with great attention. When he
heard this FOgle changed his mind and did
not go, but on the contrary closed his
doors and remained in the house, believing
BoastiC would visit the premises. About
dusk he heard noise in the rear OF the
house, and taking down his gun he crept
out and saw u man at the door. Raising
the gun he demanded three times the name
aud business of the intruder, and receiving
no answer fired. Fogle said he only meant
20 wound, but when he examined the man
he found it was Boastic, shot through the
heart.
Fogle at once summoned the neighbors,
acquainted them OF the facts in the case
aud his reason, and then walked fifteen
miles through the snow to give himself up
to The authorities. In the following March
he was arraigned for trial an on bis own
admissions he was found guilty OF murder
in the second degree. On the 3Oth day of
March, 1878, he was sentenced to ten
years imprisonment in the penitentiary.
thara ri 70 n
1919 a petition was sent in TO Governor
Mathews, asking for the pardon of FOgle,
recitng the facts as stated above. The
petition is signed by many Of the leadi;..
citizens OF Upshur, some of the jurors and
several county officials, who ask for the
pardon, and call to mind the fact that
Fogle had the most powerful prOvocatiOn
known to the mind of men, viz: that
Boastic had come TO his home with
intent to dishonor his wife, Gov. Mathew
took no action in the matter, and it was
pigeODholed until few days since, when It
was called to the attention OF Gov. Jackson
by petition from Noble county, o. This
paper, signed by large number OF respons-
lble citizens, set forth that Fogle had lived
there and was always good citizen, and
that his wife and four children were now
there in the deepest want and distress.
FOgle has now served half his term and
five months over. The report of the clerk
of the penitentiary shows him to have
been good prisoner, without fault or in.
fraction against him. The report is also
filed, and so is letter from Hon. A. NJ.
Tombstone, of Upshur, asking the pardon.
Gov. Jackson did not intimate the course
he would pursue, as he has not heard the
case, but it seems to be one in which exec
utive clemency might we'll be extended.