Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-07-19

.ral GAGS which would net &c covered BY
the existing law, and yet the murder might
Ia fully As brutal as though com
uitted in thu midst Of the perpetration OF
burslary, rape, or ssy cther crime. II the
State in this esse, bad shown RetaiSS, It's
position uoald be bad enough, but Il hsd
done worse than test; il bsd fully and
eopelusiyely shown that the sot Of burg
lary had been completed when the shots
we're fired which resulted in the killing Of
Officer Glenn. he then enlarged upon the
rireunstanees Of the shooting. saying that
whatever had been the intention OF the
parties, the opening Of the bic door, and
he intrusion OF the slightest pat % tae
oody OF one OF the burglars, completed the
act Of burglary.
Ths Court here interrupted Mr.. Som
msrville 20 sasgest that this would prob
ably be true II tbs original object OF the
burglars was to enter the stable, int II tae
6nal purpose was to effect 50 entrance
into the dwelling proper. the act Of barg-
larry would only be partially completed
With the eatsring Of the stable.
This was replied to by Mr.. Sommerville,
who held that the stable "gss building
occupied thSrewith" by the fatally, wa
used for domestic purposes by the Hon
mann household, and was as much part Of
the residence, in common law, as the kitch.
en-. Proceeding, he said there could be nc
doubt tnat ths tracks inside the building
were made before the shots were fired, but
granting the shots we're fred at the officer
from inside the building, it vogld still bt
true that the killing was done after TIE act
of burglary, and If they were fired wher
one Of the parties-presumiDg there were
tgo-vas inside, and the other outside, II
/ would still make no diifersncs in his CLAIM
that, if his clients were guilty, they could
not possibly be guilty Of murder in the arst
degree. Mr.. Sommervills further support
ed his position by reviewing thu
evidence Of Walter Joy and Others, WIZ
repeated what they said they had beer
| told by the defendants, in the Mt Vernon
| isil. OF the circumstances Of the Shooting
TO wit, that the shooting took place ont
.ide the stabls-and concluded therefron
that in sll probability Officer Glenn fired
the first shots while the men xere in the
alley, and after the completion Of the &C
Of burglary. II this was so, the State had
made no case Of murder in the first degree
The Court here called the attention o.
the State TO the fact that there was no d.
rect evidence showing that two person:
were engaged in the burglary. Everything
/ of this sort came from the alleged COMES
sions of the prisoners. The evidence showed
that Kelley did the shooting, and the ques
ton TO be considered, on behalf Of Christie
was: how far can Christie be connected
with the crime as an accessory. This wa
assentsd to by Mr.. Sommeryille.
Mr.. Jordan recalled the testimony Of thu
witness Mcfarland, who ssid they" hsC
said 20 and 30.
The Court said he was familiar viii
that testimony, but il was not de6nit,
enough. The witnesses said they" al
through and that was the trouble with tn
case. In order to make the case good as h
both, the evidence on the point raised b!
the Court would have TO be read. Coun
sci might talk until night, but that would
do no good; he desired TO refresh his recol
lection with the testimony. The steno
rspher had been told 70 appear, but b
Was not present
In the absence of Mr.. Rheinstrom, Mr.
Jordan proceeded to review the evidenc
given by Mcfarland, recalling the state
ments made by 'Slimmy" (Christy) abou
the empty cartridge shell and the hole il
his hat, and "Shorty's" warm inquiry o
Christie: az told You to throw that d
hat away; it's dead give-swsy on Wheel
ing" Going all over this testimony, In
Guiding that Of the Christie letter, MI
Jordan held that it was reasonably direc
evidence of the fact that Christie was aid
ing and abetting in the commission Of tn
crime which resulted in the death Of Joe
Glenn. Mr. Jordan was here Interrupts
BY the Court, who said il was no use to z
on with the discussion in the absence o
the stenographer.
/ Mr.. Jordan took occasion 10 say, how
ever, that he thought the Court ought no
to set aside the verdict, save it sppeare'
that the evidence was grossly insufficient
citing q number Of cases In support Of this
The Court hsd ruled almost invariably il
favor of the defense during the trial, an,
there could be no question IS to the fair
ness Of the trial, and In that trial, the jur,
had no hesitation In pronouneing verde
Of guilty.
Capt Doyener then took the door, say
ing il was true the evidence in the Cas-
was circumstautial, but that was unsyoid
able. A murderer did not call township
meeting, for the purpose Of witnessing hi
crime. On the contrary, he used ever,
effort to shield himself, and the Grim
had to be proven by facts and eircum
stances. He referred to the q;
= IL.
was attempted, and failed, il wa
strong presumption Of guilt. Csptail
Doyener then reviewed the evidence. re
calling the various circumstances going :
} show that in all their conversations eacl
Of the prisoners was fully aware Of all tn
incidents OF the crime. Then there wa
the Christie letter, the deliberate act OF on
of the defendants, who, Of his own yolition
wrote: 1--WE are in for HI Of dose
blowing box and shooting cop on . &c
away" Captain Dovener proceeded, bu
was interrupted by the Court who sal,
the discussion was waste OF tine, as in
weighly matter Of this sort, he woul'
have to have the exact testimony befor
him. He wanted 10 have the exsct word
of the witnesses before him, allowin,
counsel for the State to group it as strongl
as they wished. He thought this poin
had better be laid aside until this morning
and Mr.. Sommerville's legal point, tia
the act of burglary was completed whel
the shot was Hred, be taken up.
This was per force agreed to by Capt
Dovener, who said the position that
could not have been . deliberate murdel
was unteDable, because nothing beyond
instznt's thought was required. If the
, hesitated an instant ss to whether 10 shoC
or run, and then shot, the requisite d.
! liberation was at hand. In regard to th
| act of burglary being completed, b
thought il hardly necessary to say mucl
| he would, however, ask the Court TO tax
note Of three points inculpatiDg Christie
The first was the statement Of Christie, !
The Newark jail, regarding the hole in u
, hat; the second was the letter, signed b
Christie, in which he used the word Eve;
and the third was tia talk between th
prisouers, about the letter, in the III
Vernon jail, in the presence Of Hunte
when Kelley ehided Christie for writin