Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1885-07-18

He came forward half way TO meet the ex-
ecutors OF the law. He turned TO give one
look to Father Brady, whose lips were NOV
ing in prayer, crucifix in hand.
The drop fell at 1907 and Palmer swung
Off to his death. The body whirled around
but the writing did not indicate great suf
fering.
The crime of Palmer, as the partner of
William Berner was in its Consequences the
greatest crime of the present day in Ohio or
any other state The suggestion of the far
cical Berner trial and the resulting riot re
calls to every citizen of Ohio the murder Of
Williom Kirk.
Two days after the festivities OF Christmas
in 1883 Kinks body was found in the snow
and mud OF ditch near Cumminsville
Adam Fisher was the first to find the re
mains, and be reported it to the Cummins-
vile police. A handkerchief was tied over
the eyes, a rope was drawn tight about the
neck, and two terrible wounds in the skull
above the forehead showed that death had
been caused by murderous blows.
The body was removed to Habig's, and af-
terward identified as that Of VIM. Fl. Kirk,
sand dealer and horse trader, living at 90
elizabeth street Some foolish theories Of
suicide were soon dispelled by circumstan-
ial evidence that caused the arrest OF Joe
Palmer, who had formerly been a hostler in
Kinks stable.
Later William Berner was arrested on the
,harge Of completely. Both men made con-
ressions in twenty-four hours.
On Monday afternoon, December "a,
Palmer and Berncr were working together
IN Kinks stable at No. 1921 West Ninth street.
Both boys knew that Kirk had large sums of
money at all times, and they had planned to
rob and kill him. IL necessary. Kirk came in
at o'clock that afternoon.
"What do you sayf' whispered Berner to
Palmer.
TITS go,n replied Palmer, and without a
word of warning Berner hit Kirk with a
heavy hammer. He fell and moaned. Pal
mer followed up with several blows with q
club. Then rope was tied about the neck
and pulled tight enough to bulge the eyes.
The pockets were emptied and $245 found.
This was divided, Berner getting the biggest
share Hay was thrown over the body, and
at dark the boys drove up with a covered
wagon, hired from Charles I. Hayman. The
body was put In and taken to the ravine ncar
Cumminsvile, where it was found two days
later
The murdcrers intended that it should go
into the creek and be washed down Mill
creek and into theriver IL seems that their
motive in tying to rope about the neck was
TO prevent their victim from moving and to
fully preclude any possibility of recovery.
After the body had been thrown into the
ditch like bundle of garbage the young
brutes drove back to q saloon at John and
Belts.
Here Palmer borrowed bucket and broom
to wash out the blood marks In the wagon.
At 8 p. m. the wagon was returned and tho
boys separated Palmer went to his home,
at 12S West Court street, while Berner call
ed ON his GIRL Miss Tillie Bauman, on John
street Both boys displayed large sums Of
money to their friends during the next two
days, and on Friday enough evidence was
collected to cause their arrest.
On Friday night Berner's guilt was so APP
parent that he made confession to Capt.
Devine and signed 1t the next morning.
Palmer waited until a. m. Saturday, when
he told his story much as Berner had done,
except that he accused Bsrner of striking
the first blow.
There was good deal of feeling about the
murder, yet the public was so well satisfied
that both would hang that no demonstration
was made Berner was the son Of German
store-keeper, living at 80 Bremen street. He
had always been vicious lad, hard to man.
age, and with the bad habits of so many
over-the- Rhine boys who attend dances, pic
MICS and concert halls.
His father al once made an effort to save
his sons neck. Palmer had 10 one to be-
friend him, as he was only poor negro.
His sister was his closest friend in all his
trouble. Berner was tried in March, 1884
His defense was conducted by Tom Camp
bell and NJ f. Wilson. Against all the con-
vincing testimony miserable jury brought
in verdict Of maKs;aughter.
The result is known by everybody, and
the days of riot and hloodshed that followed
will never be forgotten. 1t is not necessary
to tell of the days when a mob fought the
state troops, and beat down the Jail door.
After all this excitement Palmer was tried
with the grim walls OF the ruined court
house frowning upon him. He was con-
victed on June "a, and sentenced to hang
October TO-
He was given a respite by the district
court in order that an application for new
trial might be heard. 1t was refused, and
his date of death was again fixed. He was
defended by Scott Symmes, who took the
case to the supreme court. Palmer was
given another trial, which resulted in his
conviction and sentence to hang July Is.
Palmer was almost white, and has mani
Tested a brutal disposition ever since his ar
rest. During the riot he saved his life from
the mob by claiming that he was a white
man. and that Palmer was upstairs. He