South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1889-05-24
NOT GUILTY.!
Oscar Evans Acquitted of the
Murder of John i. lloke Nov
Tried for Killing Jacob Kir by.

Our account OF this trial is nee.
essarily more or less ,lesultory, owing
To our liability 10 take The evidence
IN person or secure some one to do it
fer us.
The grand jury return, d-ind;c,-
mcnts, among them being two against
Oscar Evans. one for killing John l..
lloke and ihe other for killing jacob
Kirby on Feb. Il last. On Thursday
morning of last week Evans trial on
the first Of these argos was begun,
with the following jury: A. 9. 10y,
w. McKe.. j. ID. Oglesbee, James
Smith, j. NJ. 5. Stickiey, Il. Deaver.
+. A Frank, Rob't Honk, Geo. Riley
U. Riley, G. +. Michael, Jasper Car
ter. Sta,e's Attorney K. w. Daley.
j.. conducted the defence alone
While the prisoner Wa. a. Tended by
| Col. Z. W. Monroe, and Hon. Il. b.
| @ lkeson.
The first witness called by the
prosecution was John 5. Pancake,
| Who testified as follows: Net Hoke
on the road on the morning Of the
murder, shortly after be had been
shot, and took him to Ben. Tlmbrook 3.
hen went back to the scene OF tile
tragedy and found Kirby lying by
the roadside dead. EvGn. wagon
was. 2 steps behind Hoke's. Kirby
vas l,iag I'll feet east OF front wheel
of ilCke's wagon. Tue ravine where
the shooting occurred wa, about 8
fest lover than the road in which
Kifby's body was lying. Kirby lay
SO steps from Evano' wagon on his
back and with his head towards the
wagon. There was glove on his
left hand and another hy his kuae.
In lis right hand be held two blad-
ed knife, closed. He had been shot
near he right nipple. Saw blood
from where Kirby's body was down
the drain for 10 or IL steps also saw
leaves stirred up On tie ground.
Evans wagon was stuck III the mud,
in the old road. Sa" very little in
dica'ion Of a sttnegle. HCke was
shot near the left pplr; also, in
right thigh. Hoke's clothes being
brought into court they were identl.
fed 10y witness as those he bad on
wien shot. The killing took p ace
about two miles from witness house.
| Noticed or & wounds on Hoke's
head. Could not zee that Evans
had made any attempt TO pull out OF
| the mud.
Peter Bowman told OF fnding
Hoke's overcoat with bu let holes in
it at The scene OF the murder few
days after its occurrence. DR.. J ID.
Tsy Tor Testified that the shot IN Hoke's
breast was necessarily fatal, and
he believed HOke vas in his right
mind while he Or Tavlor) vas at
tending him.
james Canoe was first TO find Hoke
after be WAS shot, and a, SERTED the
appearance Of the victims. &c. /.
L Brady visited Ilokc shortly after
no was carried To- TimbroOk's, and
testified a. to- how lie was wounded,
tie appearance of the ground where
! the shooting occurred. &c.
Mrs. ilokej widow o. John l.. Hoke.
said her husband told hcr that he
never said a word to Evans that
Evsns shot at him three TINES while
he was on bis (HOke/s) wagon, and
then ran around or under the wagon
and there shot twice.
j. p. Rodruck. Hoke told witness
that ne said nothing 10 Evans that
the latter shot him on his wagon.
lloke then said to him 81 have no
pistol. bu. If you will wait until /
&c; down ] will fight you iair"
Hoke said Evans followed me into
the rayine and shot me 10 the side,
from which / fell, and before I could /.
rise be jumped on me and commence,