Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1885-03-12
THE DAGGER!
Trial of "Bub' BOrham fer the Kill
ing Of Sam Day.
First Day-Tuesday.

selves reldy to go on with the case, and
the defendant was brought into court.
THE PRISONER.
Oliver T. Borhan, the defendant, who
is charged and indicted for murder in
the second degree, for the stabbing to
death of Ssmue! Day, Esq, a farmer of
Mead township, on the streets of Bell
dire, on the night of the Sd of December
last, took his seat Immediately in the
rear of his counsel, J. B. Smith, Esq,
and on the next chair was his aged father.
Behind them were three lady members
of the family, one of whom was Oliver
Borhham's wife, and the others sisters.
Borham was neatly dressed in new
black suit, and looked anything bat an
assassin but what liquor would make
of him, of course, only the facts in the
case will show. He is very bald-headed
probably not caused by early piety, with
light blue eye, and rather sandy mus
tache and chin beard-h his face clean
shaved. The forehead is very prOmi>
nent, and in his general appearance, his
confinement shows in the paleness of
face and hands. His expression at the
opening of the trial was very troubled,
and his glances about the court room
quick and nervous, as was also his con-
versAtioH.
The widow of the deceased Samuel
Day, and her little son, occupied seats
near the Prosecuting Attorney.
A delay to 8 o'clock was granted on
request of J. B. Smith, attorney for de-
fendant, who desired TO telegraph to Jas.
c. Tallmdn. Esq, co-counsel in the case,
who was attending his brothers funeral
at Burr's Mills, and was expected TO be
be in court.
At 2:45 court re-coRvened, and twelve
jurymen's name were called, although
Mr.. Tallman had not yet arrived.
Counsel for defendant asked the jury
the general questloBs-whether they
were ON the grand jury that found the
indictment, or were witnesses before
same, or were in any way related either
to deceased or prisoner, or whether any
one of them bad formed or expressed an
opinion in the case, which questions
were answered in the negative.
One of the jurors, Squire Helpbringer.
was peremptorily excused by defense.
George Meek called; had formed an
opinion, and was excused by defense for
cause
David Darrah called, had formed an
opinion, and was excused for cause by
defense.
VIM. Clark called; had formed an opin-
ion, and was excused for cause by de-
Tense.
Henry Neff called; had formed and
an opinion, and was excused
for cause by defense.
NJ. G. Mitchell called; asked to be eX+
cused on account of official duties as
Mayor and Justice Of Martins Ferry
excuse granted.
Robert Duncan called; had formed no
opinion and was accepted.
John W. KennOn was then excused
for cause by defense, as he was un unr|
Gle of the Prosecutor.
Walter DaFrah called; excused for
cause, as he had formed and expressed
opinions as to the case.
Harvey Bumgarner called had formed
no opinion and was accepted.
Attorneys for State and defense eX
pressed themselves satisfied with the
jury. which was then sworn and at1irm>
ed. 1t is as follows:
i. i. II L
rael, Allen bond, Robert Irwin, Andrew
Richards. James Davis, Archibald Rusk,
Wm. j. Grove, ]. e. Timberlake, Robert
Duncan Harvey Bumgarner.
At $50 the witnesses for the State to
the number of So, were called by the
clerk and sworn.
At 3:35 Prosecutor Kennnon stated
the case to the jury OIL behalf of the
State, defining murder in the second de-
gree, and outlining the evidence by which
the State expected to show that the
murder was unlawful, vindictive and
malicious. Mr.. KeDnon illustrated his
points by showing the jury directions
taken, Sc, on the map of the scene of
the murder, as made for this case.
On behalf of the defense, J. b. Smith,
Esq, said the prisoner was not guilty ;he
did not mean to say that Day did not
come to his death from a knife wound,
at the hands of his client, but he intended
to show that it was without malice
that the parties We're friends. In OUT
lining the evidence for the defense, Mr..
Smith said that at the time of leaving
Monaban's saloon, the three parties,
Day, Borham and Archer, were all
friends, no dispute between them-nOt
one word of controversy. They were
all going over the bridge to another sa>
loon to take last drink together. On
the bridge, BOrham was ahead, and |
Archer was walking at the side of Days |
horse, when for some reason Day began |
to threaten Borham; next, Day was off |
his horse, had thrown his overcoat, and
was attacking Borham. Borham plead |
with Day to know what it was about, |
when Archer called out, Hit him with
stone, Day" Archer then came to Days |
and Borham cried 'murderi |
helpr and to his brother for assistance |
The result of it was Days death, and |
Archer being hurt. Mr.. Smith conclu-
led with ave expect when you have
heard all the evidence, to have your ver-
1ict in favor of defendant; and that the
killing was justifiable homicide, such as
is excused by law"
At 4 o'clock, the first witness, Mr.. JOS
5. Bundy, surveyor of this place, was
called, and explained the map of the
scene of the tragedy to the jury. He had
made the map.
G. Dawson, Bellaire surveyor, was also
.alled, and described the map.
AT 4:2O. by request OF attorneys, and
IN account of absence of Mr.. Tallman,
court adjourned to $50 O'Clock WedneS-
lay morning. Judge Kelly giving the
ury the usual admonitiOn, and allowed
hem to separate.
Second Day-Wednesday.
At $50 a. ID. court convened pursuant
o adjournment. and the jury being poll
ID, the taking Of the testimony for the
,tate was resumed:
Shannon ATcher-Live in Bellaire;
vas on the police force five years; live
N Belmont street, (pOinted out place Oh
nap); Borham lived just west of me, Oh +
jherry alley; knew Samuel Day for five
r six years; he was older than me knew Il
'orham ever since they have been in
Sellaire, probably eight or ten years; l
net Borham and Samuel Day in Mona !,
ab's saloon on the Sd of December last. !