Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-05-26
in THE JURY'S HANDS.
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law, and said that when statute was but
partially quoted, the law was murdered in
the name Of the law. He referred TO the
matter Of
REASONABLE DOUBT;
and sad that sympathy and reasonable
doubt-that kindly feeling and reasona-
bic dCubt-that q desire to be influenced
by the kindlier feelings OF the human
heart ana reasonable doubt-were not
SYNONYMOUS terms. When the gentlemen
of the Jury took their oath they cast aside
all feelings Of sympathy, and should con-
slider nothing but the law and the evil
dence. ne reiterated the words OF MI.
Jordan, that the verdict must be murder
in the first degree or nothing" IL the
prisoners at the bar killed Joseph Glenn,
there WAS no escape for them.
Capt. Doyener then addressed himself to
an Interpretation of the statutes bearing
: upou the case, maintaining and arguing
that Dir. SommerTille's construction, able
and ingenious rs it was, would not stand
the test. The law says the crime, under
certain circumstances, shall be murder 10
the first degree, and the jury was to de-
eide upon the circumstances alone, and
/ fix from them the degree. Passing On to
the evidence, he said the evidence
put in by the defense itself
showed the day upon the night
of which the murder was committed was
fair day. There was noattempt made to
refute the fact OF the murder and the day
ana hour thereof. Ii only remained to
say who the Ii urderers were. The evidence
stamped upon the foreheads of the prison
ers at the bar, as though written with
pen Of fire, the words:
''THOU ART THE MAN"
He said the idea of confession had been
held up to ridicule. There was nothing
unusual about the idea OF q confession.
The books weIe full of them, and the State
had enacted law upon the subject. 1t
was natural that when criminals, Injured
to acts Of violence ami deeds Of blood, be-
came associated with others Of the same
class and kidney, that their common acts
should be recounted and boosted Of Going
back TO the murder, he said there was
something terrible about the idea OF death.
The crowned King upon his throne was
not more awful than the beggar in his
shToud. There was something which
caused US to shrink from the cold and
clammy hand which only yesterday we
clasped in gladness.
IL had been said that all men were born
pure. There was time when the prls-
oneIs at the bar were innocent-a time
when the violet upon the roadside was not
more pure than they. But little by little
the steps along
THE DOWNWARD ROAD
had been taken, until now they were be-
fore jury, stepped and saturated with
crime-men who conceived 1.-THE road"
their proper occupation, and the property
of others their legitimate spoil. In Jail
they had met others Of their ilk, and there
was nothing more remarkable in the con-
LESSONS they had made, then in any other
confession of which We have record. The
defendants had admitted being in the city
of Wheeling-they had knowledge Of the
city of Wheeling, and outside Of the evil
dence, it had been shown from their con-
LESSONS that they were here at the time Of
the commission Of the crime.
Taking up the alibi, he said it was al
ways the first thing fabricated. He did not
doubt Christie had been at Fairmont,
but that the day he was there, was week
before the murder, on day upon which,
a. even the defense had shown, it rained
prodigious hard, while the day he said he
was there, and upon which he said 1t
rained, the evidence of the defense also
showed was clear. He then took the
evidence, beginning with the statement
that Carman had planned 1.-THE midnight
excursion for plumber" which ended in
murder. They knew we'll here they were
going They knew the residence OF John
Hoffman WAS the house of wealthy man,
and
CONTAINED NOODLE"
They went prepared with chisels TO open
the door of the stable, US they had been
directed by Carmsn, and had deadly
weapons to meet any emergency which
might arise.
The Court here took a recess until two
o'clock, and when il reconyened the
speech WAS resumed before the largest audi
euce of the week. Mr.. Dovener took up
the thread of his argument where IT had
been dropped at noon, and devoted himself
to picking the alleged abb to pieces, con-
trusting the evidence for the defense, in
this regard, with that of Exley, the SUIT
tons and Higgs, for the State, and COM
menting upon 1t in the most toVcible way.
He dwelt particularly upon Chistie's state
ment, corroborated by G. NJ. Watson, that
he was in Fairmont on the 18th. OF all
the people he must have seen
in Fairmont and Palatine, where he
stayed sll night, none but Watson
were willing to risk the statement that it
was on the l4th. Watson and the defend
ant swore it was q wet, rainy day, while
the weather records show the day was tair,
but that the same day, a week before, was
very wet. The kind OF weather testified to
by Christie and Watson, on the 18th and
18th, was the sort Mr. Schnepf's record
shows was on the 7th and Z h, and not q
week later. The record showed the lith
was clear. Who would he the most apt TO
commit perjury? The voluntary witness,
or the man who stands in peril of his lib.
erty and his neck?
He referred to the physicians suhpmnaed
in the case by the defense, but not sworn, and
wanted TO know why one OF those phys
:cians bad not bcen called and asked 10
state there was no bullet in Kelley's leg,
where the defense claimed be VAS burned,
and when the State claimed he was shot
by Joe Glenn. 1t w@
A MOST SINGULAR OMISSION
And there were Others as notable. Where
was the family Christie succored between
BsnwoOd and MOundsyilltP They would
nave been anxious 10 testify iD aid Of their
ben.iactOr. The ordinary feelings CT hu-
manity would have prompted them to
come on their knees to the Court House to
corroborste the alibi. Where were the
storekeepsrs be bought meat and flour and
potatoes from Where was Tom Gleason,
of Moundsvlll,? Ii was strange these and
Others were not present 10 testify for the
defense. Tuning to the abuse which had
been hes ped upon the Ohio witnesses, Capt
Doyener said some Of those very vitnesses-
the Knox county authorities-had ex-
hausted every means to keep Governor For
aker from sending the men here for trial,
and this at the instance and request Of the
prisoners themselves.
In regard TO the hole in Christie's hat not
being exactly round, or of the same size Of
the bullet, he produced Glenn's coat, and
Lo.,aa tha hola mazda in IL hv the hullet