Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-05-26

nocent, and his clients were TO be pre-
sumed innocent until proven guilty By
competent testimony. He believed the
defendants were innocent because they said
so; and because the State had utterly failed
TO prove them otherwise He felt that he
could have safely let the case 20 to the jury
on the evidence for the State alone, for II
was only enough to raise suspicion, and
scarcely enough to do that.
As
HIS FIRST PROPOSITION,
before going to review of the evidence,
Mr.. Sommeryille said Prosecuting AttoI-
ney Jordan was mistaken in his construc-
ton of the law when he demanded and in
sisted upon o verdict Of murder in the
first degree, or nothing. LIE reviewed the
law upon this point very fully and lucidly,
stating the old'general law upon murder,
and how, when and where it had been
modified, dividing the crime into first and
second degrees; and said the jury, il it
fixed the crime upon the defendants, must
either believe the killing was premeditsted
or that they were actually engaged in com
hitting the crime of burglary at the time
of the killing, before verdict of murder
in the first degree could he brought in.
He defined the crime of burglary az
q further aid to the jury, and
then claimed that the shooting, be
1t done by whom il may, was
after the offense of burglary had been ac'
complished and completed. Mr. Sommer-
Vile went on to claim that the shot through
the spout ut an elevation, WAS fred by
Officer Glenn with the intention to irighten
some one, and said 20 burglary was COM
United after that shot was fired, and as the
officer was shot later he was not shot dur
ing the commission of the crime Of burg
larry. That was over and passed. He fol-
lowed this mp by viewing his proposition
from several other standpoin,s, holding
that as the crime Of burglary WAS over,
Officer Glenn must have been shot with
the deliberate and willful intention OF kill
ing him, and not with
THE MERE INTENTION OF SHOOTING HIM,
before Mr.. Jorian's claim and demand
would stsnd. He said that whoever might
in the future be arraigued for the killing
of Officer Glenn-aud he had no doubt
there would be some one arrIigned, for there
were inducements at stake which would
bring victim from some quarter-the
State had in their case did that which had
forever made it impossible to secure YER
diet of murder in the first degree.
He then passed to q review of the eyi,
dence, saying there wax nothing to prove
the defendants had ever been together IN
I'll the day of their evolutionary 2ith.
The defendants had said this, and no man
had said aught 10 tbs contrary. lie said
that with all the persistent efforts TO CON
meet the two men, backed and
aided by horde OF blood
hounds from a foreign Stlte,
and by sll the power of money, all attempts
to prove the men even ever knew each
other before February 24th had signSlly
failed. And yet they were jointly iudict-
ed! Was a Jury TO be expected TO declare
the lives of these men forfeited, when the
prosecution had failed TO show even that
they had ever heard of each other AZ the
time If tine commission OF the murder?
The defendants had been tracked over
three States, and yet the most that could
he proved against them was that they be-
longed to the
GRAND ARMY or TIAMPS.
Stories had been told by Ohio jail birds,
but they were men whose records and
characters showed them to be utterly I'M
worthy Of belief He said the assertion Of
Mr. Jordan that the prisoners would be
uulikelg 10 do anything else than deny
their guilt before the jury, proved they
recognized the danger of the situation, and
if they were guilty and realized il before
the Jury, they would also, If guilty, have
realized, while in jail, the Importance Of
keeping their mouths shut. They would
have known from the first that if they so
much ~ whispered their connection with
the crime they would very likely get into
trouble.
n sommerviiis scored Messrs. McFar-
Land, Joy, ana the rest OF the Ohio wit
nessea, and held them up in q very unen-
yiabls light. He said their stories were
mart of what was intended to be q con-
certed effort. They bsd cOaspired to-
yether TO get the Christie letter" into the
case. aud Marshal Rickenbaugh was in 1t.
Repeated efforts had been made to get the
letter in, and hut they bad failed, and the
convict Hunter had TO be rushed to the
scene. He was the Casius brought to save
the sinking Cesar.
He then took mp the assertion OF q
witness that Christie had said bullet
from Glenn's revolver
WENT THROUGH cHRIsTIE's HAT,
and gave the hat and the dead oficer's re-
volver to the jury to be examined together
The hole in the hat is smaller than the
calibrs of the pistol aud is not round, bot
slightly oval or rather egg shaped, with
some appearance Of being charred on the
top-side of the hat around the bsie. The
"Christie letter" was then analysed He
read the rewards offered By the city and
county, and said the offers were so drawn
as TO he virtual bids for the production of
victim upon the scaffold. He did this
without eritieisipg the officers Of Ohio
county. The ofiCsrs of the city and
county had nothing to cay in this case,
because those officers were Gre6itaGle gen
tlsmen, without lies in their months
very different from the Ohio crowd Of Jail
birds.
So far Mr.. Somerville had kept on the
States side of the evidence. He now took
up that Cor defense, and reviewed 1t care
fully and systematically. The law on
circumstantial evidence aud alihi was read
and explained, and Mr.. boamsTville
closed with an eloquent summing up,
having consumed two hours and half in
his address.
CAPT. DOvENER CLOSES.
After short recess Court reconvened,
and Captain Doyener, at fifteen minutes OF
noon, begun theclosingspeech nor theStats.
He told the jury they had listened patient
ly 20 what had been said blythe defense 10
3 case among the most heinous ON record
There was bat one graver crime known 10
law-treason. Did he not believe the men
who so foally murdered joseph Glenn were
not now at the bar, he would rise and say
so freely. But his conviction OF their guilt
was strong, and he proposed to show that
there were condolences in the case which
fit into each other like bricks into wall,
and those condolences snd circumstances
had been brought out by men who could
not have known what each other had to
say. He then referred to the question Of
TC.ufsaa<d on Third Pa0e I