Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1885-03-19
Continued from First Page
THE DAGGER!
Closing Scenes in the BOrham Trial,
and Verdict Of the Jury.
The Verdict Set Aside and a New
Trial Granted.

four o'clock he concluded his argument
when Mr.. J. B. Smith, counsel for the
prisoner, began his plea in behalf of his
client, speaking about an hour, when
court adjourned until Friday morning at
$50 o'clock.
On Friday morning, court and jury
were in their places promptly, and Mr.
Smith resumed the argument fer the de-
fense. making strong and ingenious
plea, and concluded few minutes be-
fore II o'clock, having spoken in all
over three hours.
Hon. L. Danford, closed for the State
in speech of about an hours duration
in which the links in the testimony ad'
duced by the State. were welded together
in a strong chain, convincing TO the
minds of the jurors, after which court
took a recess for dinner.
Upon re>assembling at o'clock, Judge
Kelly charged the law to the jury in a
plain and able manner.
After the charge, at l 40 p. M, the
jury retired to their room to deliberate,
and in the meantime the prisoner, appar-
emily unconcerned, surrounded by his
troubled and anxious wife and sisters
and loyal father, sat in the court room
awaiting the return of the twelve men,
who held in their power the destiny OF
Oliver Burham. Hour after hour passed
by until supper time, when no verdict
was reached, and the jury, in custody of
officers, were escorted to supper.
After supper they returned to their
room and continued their consideration
of the evidence, and at last, after having
been out for six hours, a knock upon
their door advised the sheriff that they
had agreed. The prisoner and his friends
and counsel were in court. when at a
quarter before o'clock the jury filed
down stairs. and with countenaEces
which told of the gravity of the verdict
they were about te render, took their
places in the jury box. The court di-
rected Deputy Clerk Riley to inquire of
the jury, and In answer to the question
if they had agreed upon verdict, John
c. Israel, foreman, replied inthe affirma-
tive, when it was handed to the clerk,
who read-"We, the jurors, in case of
Ohio against Oliver 7. BOrham, find the
defendant guilty, as charged in the in
dictment."
During the reading of the verdict a
most painful stiffness pervaded the court
room, while all eyes were fixed upon the
prisoner, who sat stolid and unmovtd,
even after the word guilty" had been
pronounced by the clerk. But scarcely
had that fatal word been spoken, when
the wife threw her arms about her hus>
bands neck, and in her agony and de-
spair cried. "Ohl Bub. how can l stand
it? l cannot live without you'll 1t isn't
just!" The sisters, with S0bS and cries,
clung to their brother for a moment, and
one of them rushed from the court
room, saying, 81 cannot stay hereP'-
while to the other the prisoner coOlly
said, Everybody knows lam not guilty.
and told her to never mind tit will
all be right yet" The scene was pa
thetic in the eXtreme-one which struck
a sympathetic chord in the hearts of the
Iookers-on, for the relatives who were in
nowise responsible for the tragic event
which had been so graphically pictured
in the court during the few days pre-
YiouS.
Order being restored in the court room,
Mr.. J. NJ. Rees, for Mr.. Smith, who had
to return home that evening, gave no
tice of motion to set aside the verdict
and for new trial.
On Saturday the motion was filed, and
set up the usual grounds that the ver>
dict wrs contrary to evidence, miscGn-
duct of jurors, misconduct of the pre-
vailing party, sc, and the motion was
partially argued by Mr.. J. G. Tallman
for prisoner, and Mr.. Danford for the
State. The further hearing of the mo-
tion was postponed until Wednesday
when thirteen affidavits were presented
to sustain the motion, and six eontra+
dieting the allegations therein made.
Robert Dennis, Ed. MOnahan, David
Potter, George F. Anderson, W. Fl, Oil
yer, Scott BOrham, Wm. Earnest. Scott
Littleton, and Oliver Borham, were the
atlantis whose affidavits were directed
especially at Juryman Richards,
charging that be slept with Ste
phen Day. father of the murdered
man, and that they talked about the
case during the trial-and that they
drank together at the bar of Fred Kies
Wm. r. G. Mcbride made affidavit that
he heard Juryman Bumgarner say be-
fore the trial that Borham ought to be
hung.
The prosecution contradicted the affi'
davits of the defense, except as to the
sleeping together of Day and Richards
by Richards, Day, Fred Kies, sr., Fred
Kies, jr., Robert Pollock and Jurymar
Bumgarner.
On Wednesday afternoon, the motion
was further argued to the court by Mr.
rallman in support of the motion, and
by Prosecutor Kennon and Mr.. DanforC
against the motion.
The Court held the motion under ad,
visement until Thursday morning.
On Thursday morning, at ten minute:
after ten o'clock, the prisoner Borhan
was brought into court by Jailor Colby
He wore somewhat respondent look.
Judge Kelly proceeded to pass upol
the motion to set aside the verdict anC
for d new trial.
On the branch of the case that tht
verdict was not sustained by the testi'
mony, the court did not pass.
The court said the questions raised il
some of the aflidavits, requires that th'
court pass upon them without regard II
the merits of the case.
One of the grounds alleged is that th,
juror, Bumgarner, bad formed and ex
pressed an opinion before the trial. Tit
Juror says that he has no recollection o
expressing an opinion, and hence tn,
court would he justified in overruling tb,
motion as 10 the charge of his miscon
duct. But there are more serious objec
tions as to the conduct of the juror
Richards. The charges in the affidavit
against him are intoxication, dfinkin,
Intoxicating liquors, talking about th'
trial and listening to others talking OF
the SUBJECT of the trial. These charge
against that juror are many of then
without foundation and are false.
1t is proven entirely to my satisfaction
by the affidavits of the jurors, Richard
and Pollack, that the juror was not in
toxicated, nor had he been drinking in
toxicating liquors
The fact that an attempt has beei
made to sust9in this motion by aflidavit
which are untrue. tends to prejudice tn,