Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1888-05-27

take the form prescribed in the statutes,
and thus read as follows:
:. "We, tie Jury, find the defendants,
Thomas Kelley aud Harry ID. Christie.
guilty of murder in the first degree, ana
we further fix their punishment at confne-
ment in the penitentiary."
When this had been signed by the fore
man. Judge Jacob proceeded to thank the
iury. but was interrupted by Mr. Som
meryille, who desired that the jury be
polled: This was done, each man answer
ing to his name by giving his formal assent
to the verdict. This done, the Court for
mally thanked the jury, and congrstulat-
ing them upon the completion OF their Ia
bors, dismissed them.
The defense entered an objection to the
amended verdict, and also moved for sns-
pension of the verdict and made motion
for a new trial, arguments upon which
will be heard at future day.
A member of the jury said last evening
that they were glad to be over with the
case. When they first went into their
room, Friday evening, the jury Was good
deal at sea in regard to their instructions,
but after this was Strengthened out. the
first ballot showed six for conviction to
six for not guilty. Saturday morning the
early votes stood eight for conviction and
four the other way. Then long dis
cussion resulted, interspersed with bal
lots, the jury gradually coming
over to the side Of conviction
until all were there but two. As late as
five o'clock last evening there seemed TO be
but little prospect of an agreement. but
things took shape very rapidly after that,
and at half-past five the twelve men were
united upon the verdict above given.
The verdict was something Of surprise
10 the public, the majority Of people look
ing for disagreement, but nevertheless
the result attained caused satisfaction
among those who heard the evidence, and
were therefore best qualified to judge.
There was some criticism-as there always
is-but the majority agree that justice has
been done.
-
An Important Decision.
There was decided in Judge jacobs
Court, the ejectment suit of the city v.
Thalman. The principle involved In
this case is an important one, and has great
interest for the city. The city's action
was brought to dispossess the defendant
of portion of street, beyond the line OF
which he had erected building. The de-
PENDANT demurred, and the demurrer was
sustained, the Court holding that under
the decision in the Mayo and Warwick
case, 15 Grattan, snd other cases in this
country and England, the .jectment would
not lie. True, the United States Supreme
Court had decided the contrary, but that
was in cases when the title to the property
was involved, and not mere easement, as
in this case. Mr. Alfred Caldwell, for
the city, excepted to the ruling, and the
case will be carried up.
~.
Other Business Transacted.
In the case of the State v. Lon McMana-
way, indicted for resisting an officer, a
verdict of guilty was rendered, and the
Court imposed a fine of $50 and costs and
sent the defendant to Jail for thirty days.
In the case of the State v. Lon McMsna-
way, indicted for assault, verdict Of
guilty, and the prisoner was sentenced. to
paw o fiue of $50 and costs and was sent
TO jail for fifteen days.
10 the case of the State Y. Lon McMana-
way, indicted for carrying concealed
weapons, there was verdict OF guilty, and
a finc of $25 and costs.
The cases of Jane and Estella Schroeder
V. D. s. Thornburg were transferred te
Part Two.
The case of D. Il Phillips v. Ann Fran
els will be continued Thursday. This case
was begun on the 10th, but had to lie over
because of the murder trial.
In Part Two, Judge Boyd, the case OF
Hubbard and Russell, assienees Of Arm
strong, Coen & Co, Y. the National Bank
of West Virginia, was decided in favor Of
the bank, but the order may not be en-
tered before Monday. Ths amount in
vOlved is about s., 900.