The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-04-22
IHE PENITENII.ARY.
r.oaaER evAhDs As FaIsoNRas
In ths InsatntiOp-rhrse Historic Cases Of
This Kipd-yarnsr, The wife Murderer.
Kanawha County! conyiets % Have
Another Chance Other Items.

For person who was hidden liberty
an eternal farewell, the conducted VIII
liam Warner, the Taylor county wife muir
derer, received at the prison a short time
ago to serve during the remainder Of his
life, was certainly most remarkable and
hard 70 understand. Heappearedas care
less and unconcerned as Il he was merely
taking up his quarters at some pleasure
resort fora brief period. Mike Burke, re-
ceived at the same time to serve five years,
gave evidence OF suffering terrible mental
agony, and fully approaching the punish
ment and disgrace that he must undergo.
Burke is the third number OF the guard
forceunder the ldregilne to serve asa con-
Wet. First came Ell Ice, Of Marion coun-
ty, whose case was the subject Of so much
newspaper and other comment some years
ago. Ice, II will be remembered, was
tried for the killing Of man in that coun-
ty, found guilty Of murder in the first de-
gree and sentenced to the Penitentiary fol
| life.
The circumstances attending the Of.
tense, briefly stated, are as follows: Ice
was member OF one OF the West Virginia
regiments engaged in the late war, and
was at home, on Through or sick leave.
He was ordered by the officer in charge oil
some home guards or railroad guards
stationed at Fairmont, to assist in the cap.
ture of some men, who had gone from
that vicinity into the Confederate army,
and who, 1t was alleged, were engaged In
carrying mail from Fairmont and Farm
ington through the lines to persons the
South, and also furnishing information to
the Confederate authorities. One OF the
parties thus suspected, was arrested and
put under Ices charge to be taken to
Fairmont from some point in the neigh
borhood, when as Ice claimed, the man
attempted to escape. Hewasshotdead. Ice
was tried by a military court martial, and
exonerated from all blame in the matter,
the court martial deciding that the killing,
was under the circumstances justifable
under the rules Of war. A number Of
years after the war was over, Ice was In
dicted by a grandiury, tried, found guilty
and sentenced as above narrated.
1t was shown that he was Of q morose
and most vindictive nature and dispo.
sition, flying into tho most uncomfortable
passion upon the slightest provo
cation, and when these moods were upon
him considered holy terror TO the en-
tire neighborhood where he lived. Dur
ing the excitement caused by the news
paper discussion of the case the Grand
Army Of the Republic took the matter
up, and some OF the hot headed members
OF that organization in the State Of Ohio,
their passions influenced by the partizan
statements made by such papers as the
Cleveland Herald, which paper sent a cor
respondent here ointerview the prisoner,
even wentso far as to threaten to come
over and tear down the prison and release
Ice Uie Il arRis. Cooler councils prevailed,
however, and death finally released the
unfortunate man from further earthly
punishment.
The second Of the guard force called
upon to serve in different capacity in
the institution was Capt Hager Tomlin-
linson, of this county, who WIS pardoned
on account OF rapidly failing health, with
indications that he too was about to die.
With release from prison, however, came
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