Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-05-22
THE MURDER CASE.
Skinny and Shorty on Trial for Their
Lives.
The TESTIMONY VERY IMPORTANT,
Especially Tha, Given by Mcfarland, Of NJ
Vernon.
4 CONTINUANCE SOUGHT IN VAIN,

TIE trial OF Thomas Kelley and Henry
D. Christie, indicted for the murder Of
Officer Joseph T. Glenn, began before
Judge Jacob, in Part Oae OF the Circuit
Court, yesterday, and will continue during
the ensuing several days. Although little
has been said in the public prints concern
ing the trial, the people seem to have been
gell-informed of the event, and halt.an-
bour before the time for conysnIng Court,
quite a crowd of people assembled in and
about the Court House, awaiting the open
ing of the doors to Part one. The front
seats filed up in a very few minutes, once
access to the apartment was gained and IN
nall an hour there was scarcely a vacant
chair
The counsel for the defense, Messrs.
Howard and SOmmeryIlle, appeared about
TWO minutes after the big bel, rang, and a
moment or two later Mr. Jordan and
Doveuer and Elson, for the State, followed.
The PRISONERS
came in shortly in the custody OF Sheriff
Handlan and Deputy J. NJ. McCulloch
The accused looked IN better generals shape
than at the time OF their incarceration, and
had evidently been well taken care Of
while 10 the custody of the Sheriff. They
took seats on the right Of the Court room,
and the handouts, with which they had
been hitched together during their trip
from the jail, were removed. Deputy
McCulloch mounted guard Just in the rear
of the two men, while the matter OF the
determination as to whether or not the case
should 10 on was settled.
Sheriff Handlan opened Court in due
form, and the case OF the State Y. Christie
and Kelley was formally called. In re-
Spouse, Prosecuting Attorney Jordan, after
a moments conference with Sheriff Hand
Ian. announced that the State was ready to
proceed. Mr Sommeryille, OF counsel for
the defense, said he was reluctantly COM
PEELED to say the defense
WAS NOT READY.
They had hoped and expected to be ready
10 proceed, but important witnesses were
absent. Only last Tuesday they mad sue
ceeded in locating two witnesses in Marion
county, who were so important, IN his eS-
timation, Us to be conclusive Of the case.
He had at once had supbenas issued and di.
rec ted 10 the Sheriff OF Marion, and had
even written the Sheriff q personal letter,
urying upon him the importance Of hav.
ing the gentlemen here. They had not ar
rived, SO far ~ he knew. A moment later,
however, Mr.. Sommerville located one OF
his witnesses in the audience, and stepping
beyond the railing had brief Con7ersa
ton with him. He then announced to the
Court that one Of ths gentlemen was pres
eut. but the other, Mr G. NJ. Watson, was
not. Mr.. Watson was called, but came
not. and then the Court and audience set
tied down 20 wait, while the necessary al
idavit for a continuance was prepared.
This was done by Mr. SOmmeryille, while
Mr. Howard held a conference with his
clients, on the other side Of the room.
When the affidavit was concluded, Mr..
Jordan and Capt DOyener, who was with
the Prosecutor for the State, examined the
paper, and then Mr. SOmmerville read It to
Christie and Kelley. II was then handed
over to Clerk Mitchell, under whose rec
ton the prisoners signed it, Christie sign
ing first, and Kelley after him in trem'
ulous hand. The prisoners formally swort
TO the truth Of the contents Of the paper,
which was read as follows:
THE AFFIDAVIT.
.S,r,s Of Wet JIyginia, ohio county, t0-Icit
This day personally appeared before
me. John W. Mitchell, Clerk Of the Circuit
Court of Ohio county, Harry Christie
and Thomas Kelley, the defendants IN said
cause, who after being duly sworn, upon
oath say that they are not ready for trial
in said cause, and can not safely 20 Il
trial therein, at the present term Of Court,
because of the absence OF Z. NJ. Watson,
who is o material witness tor them upon
ssid trial; that said witness resides IN
Fairmont. Marion county, W. Va, and
that the facts which said defendants expect
ed to prove by said witnesses are facts
which they are not able to prove by any
other witnesses. Said atlantis further say
that this affidavit is not made, and a con
tenancs il not sought, in this case, for the
purpose OF delay only, but 10 subserve the
ends OF Justice.