The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-12-02

mere incident oil the outrage. The torturl
10 which Sir. MSrling wss subjected can
not be adequately punished under the law
The charge, with all the verbiage Of an in
dictment for felony, is as follows;
THE INDICTMENT.
1.-THE Jurors Of the State OF Wea. Wiz
ginia in and for the body Of the county o
Ohio, and now attending the Circuit COuH
Of the said county, upon their ogths pre-
gent
"That Thomas MCGOWAN, Fdwart
Angus, William MCGOWAN, John Culver
George Culver and jasper Kincaid, on thu
twenty.second day Of December, in thu
year Of our Lord one thousand
one hundred and eighty-iour, il
the night time Of that day, to.wit
at about the hour OF nine O'Clock in thu
night Of that day as Aforesaid, feloniousll
and burglaIiously did break and ente
into the dwelling houEe OF one Elijal
Mariiug, situate in tho said county o
OF Ohio, with intent the goods and chLttel
OF him, the said EHjgh Marling, in th,
said dwelling house then and there being
then and there feloniously and burglar
ousiy to steal, take and carry away; Rnt
divers United States treasury notes for thu
payment OF divers sums OF money amount
Ing in the sggregate 10 the SUN OF Sl3l
aud OF the value OF $3.50; diver
national bank notes for the payment
Of divers sums OF money, amounting il
the aggregate to the sum OF $50, and OF the
value Of $3.50, divers piccssoigold coin OF the
United States, and current in this State
the number and denomination OF which
are TO the jurors aforesaid unknown
amounting in the aggregate 10 large
sum, to wit: to the sum OF $50, and OF the
value Of SO; divers pieces Of silver coin oil
the United States, and current in this
State. the number and denomination OIL
which are to the Jurors aforesaid un.
known, amounting in the aggregate TO q
large sum, to.wit: TO the sum Of S25, and
OF the value OF SIS, Of the goods and chat
tells, United States Treasury notes, nation.
al bank notes and coin OF the said Elijah
Marling, in the said dwelling house in the
county OF Ohio aforesaid then and there
being found, then and there feioniousfy
and burglaIiously did steSl and carry
away, against the peace and dignity OF the
State"
SEPARATE TRIAL.
Prosecuting Attorney Jordan was assist
ed by II. N. Russell, Esq, while Messrs.
Dovener and Elson appeared for the de-
ienHe. Mr.. Jordan moved for q separate
trial, to which Capt. Dovener objected.
After some discussion the Court decided
that the State had the right to elect
whether the accused should be tried
Jointly or geverally, and 10 say which
should be tried first.
Under this ruling, to which the defense
excepted, the prosecution announced that
Thomas MCGOWAN would be tried first.
The work OF obtaining jury was then
begun. Each juror was asked: care you
related TO any party interested in this
case? Have you any interest, direct OF
indirect, in the result2 Are you sensible
OF any bias or prejudice Tor or against the
accused? Have you formed or expressed
any opinion as to their guilt or innocence ?
Were you member OF the grand jury
which returned this Indictment"
Only three or four men aVoWed any pref
udice or had expressed any opinion.
They we're excused. Finally the follow
ing named juro1 were sworn: Walter
Marshall, Jr., William Fox, Charles Zim-
norman. F. d. Snyder, F. J. RothRcker,
William Johnson, Phillip Koehler, Thomas
Norton, Leroy Elder, Peter Wendell, Jr.,
Charles Stein.
The noon recess was then taken. At
O'Clock the court reaslemblsd and the case
waG opened for the opposing sides by
Prosecuting Attorney Jordan and Capt.
Dovener, respectively.
The evidence for the prosecution was
begun about 8 o'clock.
THE VICTIMS TORY,
Elijah Msrling was called to the stand,
having been sworn as witness. He said
lie resided on the Bethany pike, in Ohio
county, lived there on the 22nd Of last
December. On the night Of that day,
about eight o'clock, his house was broken
in by robbers, who stole all sthe money he
had, some being in his pockets and the
rest In the hall. The thieves burst in the
door; there WAS shot on the porch, and
Just then the door was burst open from
the back porch. Three men came in. One
OF them he recognized as the defendant,
Thomas MCGOWAN, Another was John
Culver. The latter pushed him over on
the bed which was inthe room, and began
choking him. MCGOWAN had q pick. han
die, or similar club, and with this he struck
the witness across the back OF the
head, knocking himRenseless, When the
door was burst opep MarliDg was sitting
by the fireplace, which WAs nOsr the bed.
One Of the men said, ave want that
money Johnqon Murray says he paid you
for rent" This was all that was said be-
fore he was stunned by the blow from the
pick handle. When he came to he was
bound hand and foot with cord taken
from the bed. MCGOWAN talked conEider-
ably, He heated a poker In the fire and
burned the witness over 20 times with It.
Under this torture he diYulgsd where
,ome nilyer was hid in the hall. The
.hieyes cot about 500 In all. There were
.hree men In the house, and another one
anne in. This one he did not recognize,
Pat the other three no did, they wsEel