Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-01-03
NEARING the CLOSE.
The Fifth Day of the Mitchell Muir
der Trial.
TIE LAWYERS BEGIN TO TALK.
Testimony to hitcheIPs Threats Against
the Dead man---The Evidence
in Rebuttal,
GREAT INTEREST STILL MANIFEST.


81. CLMESylLLE, December AFTER send.
ing the report Of yesterday afternoons pro.
ceedings in the Mitchell case, about twenty
more witnesses, neigh5ors of the parties to
the suit, testified as to the King Ton"
story and OF threats made by Griffith against
Emmett Mitchell. In the evening, as wired
the REGISTER, last night, Alfred II.
Mitchell ex-ProsocUting Attorney, and VIII
son MITCHELL brothers of the prisoner, were
examined to some length as to the road in
which the tragedy was committed, and its
condition, and the tuTrow plowed by Emmet,
which enragcd Griffith. Also, as to con-
yerSation in their law office in St. Clairsyille
with deceased, in relation to the trouble
with Emmet. Daring the examination OF
Alfred, he was deeply affected when he
spoke OF deceased, saying he had always
been like brother to him. Alf had tod
him he should apologize TO Emmet for the
King Tom matter, but Griffith said he
could not do it. 1t is difficult to make
any sense of the road trouble without map
Of it.
Friday-Firth Day.
For the defense, 4. II. Mitchell was re-
called aud said he WAS at the LoYdsyille pole
raising and saw both Emmet and Griffith,
and they seemed to be in good humOr.
Mrs. Mitchell was recalled and identified
TIE overalls worn bT Emmett the day of the
killing. She had no; said 10 Annie Walters
,he was afraid something was going 10 hap.
ten, as Emmet had eaten nothing that day
he docket and record of Esq. Wesley S
court vas put il evidence, and at 9.l0 the
defense rested.
Eebutt;,l for State.
Joseph S. Buudy. Surveyor, recalled, and
testified as TO the road and measurements
he had taken.
Henry Lett lives on the road and had cx-
amincd the rut; it is some distance from the
edge OF the bank
W. :. Hawthorne said the trench was
probably thirty inches rom the beaten road
in places.
Jerry Bryant recalled and testified as to
the furrow.
David Robinson had examined the tracks
ma!c by Gri.hth's horse When it had
come out of the gate It had made lunge,
and from that point 10 where Griffith was
shot was but rod They could track the
horse III the dust lie said the horse immc-
diatcly commenced jumping after turaing
from tie lane into the road
john Sideh0t,om was recalled. He said:
| am the Justice before whom the Inquest
was held. Was present the night Of the
killing, and Griffith rode horse with a Pc
culiar foot, easy 10 trace.
Benz. Loper testified rs to the peculiar
foo, Of Griitith'S marc.
Joseph Justice railroad agent at Laffer.y,
s":d that FRmet was at ,B9glqs drngt ddr tSfczs Sf,2ra
Griffith came along, and some one told
Emmet There comes your friend Em
met said, There comes Christ, the Camp
be lite" Mitchell put his hand in his pocket
and drew q revolver part way out. | heard
a noise Ike the cooking OF a revolver.
Mitchell vas cursiug all the time Griffith
went into another store and then into the
drug stvrc, when the proprietor ordered
Mitchell out After going out Mitchell
came back. think the revolver was q 81
Galore. lie had the weapon in his right
pants pocket.
John Fs;cr was ut this store at the dis
,vrbarce in l>~&. he and Griffith were
talking, when Emmett came in, sat down
and grjted lis teeth and drew down his
eyes. Griffith Jumped up and said he would
knock his teeth out with his cane. | after
ward asked Mitchell to give me his revolver;
he said hc had none worth anything, but il
was GOOD enough to shoot that ---.
DR.. Estep was recalled and utitioned as
to the relative positions The parties would
have to be IN when the shot was fired TO
produce the wound These questions were
objected TO- aud have been asked and an
swcrei before during the trial.
Adjourned for dinner.
AfteruoOn.
One or twO witnesses We're examined
further in rebuttal tor the State and they
then rested their case al O clock when \.
K. Kenuon. the prosecuting attorney, COM
menCed his argument. AS we close this re-
MOTT, at ; p. NJ. he Is in the midst of the
greatest effort Of his life, and is making a
visible effect upon the audience if not upon
the Jury. He will be followed by Colonel
Dantord for the prisoner, and J. W. Shan
Dor, for the State, will close the argument.
II is thought the case will be given the jury
to-night. The court room is crowded from
wall 10 wall and it is almost impossible to
get in or out. The greatest crowd came
near the close, and more interest is taken
in the speeches than was in the testimony.
Night Session.
Keuuon concluded his eloquent appeal
at o'clock and Daniord had only COM
mcnced for adjournment for supper. Dur-
inc Daniords argument he characterized
the man who would be guilty of such an
act as Griffith had charged to Mitchell, as
worse than man whose hands were red
with blood, aud said that man guilty Of
this ratneless crime would be cast on. OF
all human society. and was only
Gt 10 associate with the bru,es that die.
Griffith had charged this knowing 1t was
not true. Mitchell broke down and wePt
quietly for some time during this speech
for his life. 1t the close of DantoCd ar.
cumrnt, J. W. Shannon, Esq, for the State
b,rau an exhaustive review of the testimony
and appealed to the jury to have the moral
courage TO administer the law under their
cath. He will conclude tomorrow, and the
irry will be charged By the court, when the
life Of Emmett Mitchell will be in the hands
rT twelve Of his Countrymen.