The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-05-26
THE JURY RAS THE GASH.
Kelly and Chdstie's Fate in the
Balance,
AND SIGNS AGAINST THEM
Mcssrs. sommcvilIc and Dovencr
Finish the Arguments TO the Jury
AMI the Court Instructs 1t.
An omInous Inquiry.

An Ominous Inquiry.
The attendance Mt the sessions of the
Kelly and Christie trial for the murder
Of Policeman Glenn last January, which
has been in progress before Judge Jacob
in Part l OF the Circuit Court since last
Monday morning, was larger yesterday
than at any previous time. To those
who have seen the crowded state Of the
court room daily this may seem impossi-
bic; but OH the former days the crowd
was content to pack the seats and aisles,
whereas yesterdayit overlooked into the
corridors and ut times it was impossible
to even get to the doors Of the court
room. There men stood hour afterhour,
unable TO catch as much us Il glimpse OF
the attorney who was speaking or the
Jury addressed, but content to hear the
words OF the lawyers. The interest ex-
cited in the case in the surrounding
towns and country almost equals that
felt in Wheeling, which has not been
excelled by any recent judicial proceed
ing.
Yesterday morning when court open.
ed ut . o'clock Mr.. J. B. SOmmerville, OF
counsel for the defense, addressed the
| Jury on behalf OF his clients. He not
only argued from the evidence that the
prisoners were not guilty of the shooting
OF officer Glenn, but he addressed him
self to an effort to convince the jury
that whoever did kill Officer Glenn was
not guilty of murder in the first degree,
He spoke for two hours and three
quarters, his words being listened to
with the intensest interest throughout
His speech was one well calculated to
affect jury, and old practitioners who
heard it complimented him highly.
When he concluded, Capt. b. b. Dow
ener, for the State, made the closing
speech. He was earnest, and went over
the evidence with force which must
have stricken terror to the hearts OF the
prisoners if guilty. His friends say he
never made better speech in his life.
Capt. Dovener spoke three-quarters oil
IN hour before the dinner hour recess,
and after the reassembling of court Mt 9
y. III. he continued his remarks for
about two hours. The crowd never fell
off for n moment while he had the floor.
The instructions to the jury were then
agreed upon and read to the jury by
counsel, Judge jacob adding some legal
points on his own motion.
Among the instructions was one rs to
the character OF the reasonable doubt"
beyond which the jury is required to
believe the accused guilty before render
ing u verdict OF guilty. They were in
structed that such doubt must come
from the evinenCe after review OF il,
and must be OF that character that it
would cause n prudent man in the or
binary relations of life to hesitate and
pause. They were also informed that il
they believed one Of the accused fired
the shot which killed Glenn, but were
not satisfied us to which one did so, they
must find the prisoners not guilty unless
satisfied that the other was present,
aiding and abCtting in the crime.
"All deliberate, wilful, malicious and
premeditated murder, murder by lying
in wait, by starving, or by poison" they
were instructed, "and murder in an at
tempt to commit u burglary, robbery,
arson or rape, is murder in the first de-
gree; all other murder is murder in the
second degree"
II the Jury be OF the opinion that the
prisoners were guilty OF murder in the
first degree, they may either return Il
verdict to that effect without recon-
mendation, or they may fix the punish
ment OF the accused by imprisonment,
in which case the term OF imprisonment
is fixed by law us for life. Ii found
guilty Of murder in the second degree,
the jury merely returns that verdict and
the court fixes theterm OF imprisonment,
which may be not less than five nor
more than eighteen years.
The Jurors retired about 8 o'clock to
deliberate upon their verdict. After be-
ing out for some time, they came into
court and asked for more explicit in
structionsas TO the grade OF the crime
whether the burden Of proof rested upon
the defendant or the State that is,
whether 1t was the duty OF the State to
establish, il the defendants are guilty OF
murder, that the murder is OF the first
degree: or should the defense prove
that it is crime ofless grade?
The court informed the jury that all
murder was presumed to be murder in
the second degree in the absence OF evil
dence fixing the degree.
Shortly after o'clock the jury was
adjourned till o'clock this morning,
and the prisoners remanded to Jail. The
general inference from the inquiry made
by the jury was unfavorGble'to the pris-
oners. They were very hopeful OF the
outcome all day.