Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1885-04-19
THE BoRHAM TRIAL.

Ii second trial of Oliver I. Borhsm, for
murder in the second degree for the killing
of Samuel day, in Bellaire, on the evening
of December 3, 1884, commenced IN com
mon pleas court here on Tuesday after
noon.
II will be remembered that on the first
tiial of the case the jury found Borhan
guilty as charged in the indictment, but on
account OF misconduct on the part OF one
of the Jurors in sleeping, during the trial,
with the father OF the murdered man, this
verdict was set aside and q new trial
granted.
At this second trial contrary to all ex
pectations, there was but little troIble in
impannelng a jury, only two men being
challenged, and they peremptorily by the
defense.
The taking Of testimony was commenced
shortly after o'clock on Tuesday, Prosecut-
ing Attorney n. II. kennon and Hon. L.
Darford appearing for the State, and j. b.
Smith, Esq, and James c. Tallman, Esq,
for the accused. There was not as much
interest taken in the testimony as at the
former trial, owing doubtless to the fact that
it had all been substantially published in
the different papers, and read By all who de-
sired to read it, and had not been in attend.
ance at the first trial 1t was about the
same as at the former trial, with the excep-
ton that the defense did not put the prison
er en- the stand at all this time, and it is
generally believed his testimony injured his
case before.
During the different recesses Of the co lrt,
the Jury was kept together and in charge Of
an officer, to guard against repetition Of
! the former trouble.
The examination of the witnesses VA
proceeded with as rapidly as posalole, and
at 3 o'clock, Wednesday the State rested
their case nad sLortly after noon on
| Thursday, t thc defence had finished up theil
evidence, when the case was argued. Ken
ron made the first speech, followed by
Smith, Dsnford and Tallman. The attor
news for the prisoner each spoke three or
fopr hours.
Shortly after four o'clock Friday, Judge
/ KEY commenced his charge to the jury
ard at FIVE minutes after FIVE they retired
10 their room. After supper. it was al
nounced that the court would receive the
verdict, if the jury agreed before 1896
o'clock, and until that time, people kept GO
ing in the court room, waiting to hear the
fate OF But" Borham. His aged father
his wife, and two sisters. who have been be.
side him through both trials, remained in
the court room until the hands of the clock
told them it was useless to remain longer.
Right here would like to say that a
party Of hoedloons, who doubtless cal
themselves young gentlemen" disgrseed
themselves and disgrsced other people by
their boisterous and unmsnly conduct il
the court room, and in the presence Of thu
afflicted family during this waiting, fol
whatever Bub Borham was guilty OF. q
| father, wife and sisters were no. responsible
and they have their natural affections fo
the guilty member of the family. and tbeii
| feelings should have been respected
On Saturday morning there seemed 10 b.
little change about the court room. only thi
delay seemed to give hope to the friends o
Borham, "a it portended at least lighte
verdict than that found BY the last jury.
Just at noon it was announced that tn
Jury had agreed, and the prisoner va
brought into the court room. IL read
1--WE, the jury. etc. find the prisoner at tn
bar guilty Of msnslsughter." The penalt
is from to twenty years in the Ohio Peni
tertiary.
After dinner the prisoner was sentences
by Judge Kelly to twelve years in the Obi
Penitertiary.