The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-01-05
THE FIRE BUG TRIAL.
A Conviction which Did Not Convict.
The End NOT Yet.

INC Euu MOI 1tts
The case Of the four boys, siler, Gray, Bos-
ton and McCleary, on trial for setting FIRE tc
the North Wheeling glass works last Spring
occupied all day and good part Of the night
yesterday in Judge Boyd's Court Mr.. Dove.
ner opened the argument for the defense
when Court convened, speaking from mine
o'clock to noon, and making Characteristic
speech, earnest In manner and showing {
familiarity with every sentence OF the tesd-
mony on both sides
He was followed, after recess, by Mr.. era
craft, who made an earnest appeal on behalf
OF the boys, occupying three hours. He re
ferred In scathing terms TO the admissions OIL
JaileF Davis on the witness stand Is to biz
treatment OF the boys, and denounced In
dignantly the fundamentally OF the witness
Brightenauer, who who was Instrumental In
procuring The confession from the boys, and
who said on the stand he worked in the case
only for money.
Last evening Mr.. Caldwell closed the aTgu
ment for the State, reviewing the damaging
testimony succinctly and clearly, and
arraying the strongest facts In the mosl
forcible way. At the conclusion OF bis re
marks the Court charged the jury, and II
was conducted to the room Of Part | FOL
deliberation. leaving the Court at fifteen
minutes before ten.
Al this time the court room was
crowded with spectators. They filled every
seat and aisle, and poured over into the bar
Il has been this way, In fact, evefslnce the
trial commenced. After tire jury left, many
OF the spectators went into the hall to chat
over the trial, and discuss what the verdict
would be. A majority Of those seated re-
manned for fear OF losing their seats. The
attorneys and those entitled 10 seats inside
the bar, settled themselves comfortably, and
proceeded to wait.
Several times knocks were heard on the
door Of the other court room, and each tint
the crowd would rush pell nell into the cour
room again expecting verdict, only to tihd
that some individual turyman wanted tn,
Sheriff TO procure him a drink OF water
Once shortly after II, o'clock the jury cant
In for some instructions and the Grove
thought II was q verdict sure.
II neared the hour OF midnight, and still
the crowd remained The length OF time TIL
Jury remained out commenced to caust
some anxiety rs to what the verdict woulC
be. The four boy prisoners remained seated
In the court room with their friends ant
parents.
: Shortly after 12 the jury returned It's verdict
which was that they found the boys guilty
The Court called the attention Of the
twelve men 10 the fact that they had failed
TO comply with the instruction 10 place .
valuation on the property destroyed, and
again they weresent back TO their room. In
about half an hour they returned ayerdict o.
guilty US indicted, and naming s., 500 as the
amount destroyed. This OF course was 4
nominal amount, 50 as TO comply with
the law. The lawyers for the detens,
asked that the jury be polled which wa.
done. Mr.. Wendell was the eleventh mar
called. He agreed that he had consented to
the verdict with the understanding thai
petition be attached signed by the
jury asking that in fixing the sentence the
Court be merciful.
Captain Doyener asked II 1t was Mr.. Wen
del's understanding that not more than three
years be fixed as the sentence. The court in
terrupted and said that that was something
that the Jury had nothing 10 do with; tina,
the court reserved to itself the right TO fi1
the sentence. Captain Doyener replied thai
il was not his intention 10 interfere with the
court, but merely to ascertain the circum
stances nnder which Mr.. Wendell had agreed
To tiie verdict.
The Court instructed the Clerk to add Il
the verdict, in accordance with the petition
words TO the effect that the clemency Of the
Court was asked 10 be exercised. This beinI
done, Capt. Dovener asked that the
Jury be again polled as. To- the
corrected verdict. The name OF William
Green was called and he signified that the
verdict was his. sam'l n. Bushy was mex
called. He rose and In reply to the
question, shook his head and mutteret
mo, STRIP then sat down in con
fusion. The court clerk or sheriff appa
rently did not notice this, and buried on tc
the next name, while Messrs. Dovener ant
Craoratt, rising, exclaimed. "He said no."
Judge Boyd said, Call the name again"
"samuelN N. Busby, Is this your yerdlctS
asked the CLERK.
mo, SIR"
Gentlemen, the sheriff will take charge o.
you until So'clock this morning."