The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-11-12
YHE gEAER RESTED
Yesterday in the Trial Of Thomas
Miller for Murder
NOW ON AT MoUNDsylLLE.
a Review Of the Testimony in Thus
Far in the oase-what the De- !.
Tense Claims TO DO Able 10
Proye-A Peculiar Case,

The trial Of Thomas Miller, charged
with killing Joseph Morris on the night
Of April 20, 1888, at or near the saloon
kept by one Hurley in the upper section
Of Benwood, near Boggs' run, Rgain en-
gagged the attention Of the Circuit Court
for Marshall county, in session at
Moundsville, with Judge PAUL presid-
ing. Yesterday was the fourth day OF
the trial and concluded the testimony
offered on behalf Of the State, The State
rested It's caseshortly before noon and the
defense at once proceeded to introduce
it's evidence. II is thought the case will
be ready for the jury by Thursday morn
ing. The testimony offered by the State,
and some Of II came from relatives OF the
accused man, apparently proves that he
struck the blow that cost Morris his life;
some testified that the accused had con,
iessed to them that no did the deed,
The character oil some OF these witnesses,
however, and their manner on the stand,
especially when under cross examina.
tion, was not such as 10 iayorably i'm
press the Jury, There were numerous
contradictions all through the evidence
for the State, Some Of the witnesses,
within few minutes after having made
statement as being true, would wholly
deny IT. and when pressed on cross ex-
animation were completely dumbfound-
ed and could not answer further.
james Hurley, who has taken an active
part In the prosecution, was especially
unfortunatein his testimony, and on
cross examination admitted that he had
stated what was not true In his examina-
ton In chiei. Some OF the States wit.
nesses were examined at Russell Bows
hearing, when he was charged with the
murder OF young Morris, and now on
this occasion they admit that they swore
then to some things which were not true
and suppressed others, Taken all
through, this trial Is a rather remark
able one, The accused's relatives ap'
pear anxious to testify against him, aud
do not'seem to bs at all careful as 10 the
truth Of their evidence, Tho only ex'
PLANTATION which so FAR appears
| Tor this Is, that Russell Bow,
who many believe Is the guilty
party, Is still a nearer relative, being the
son Of Mrs. Annie Bow, and brother to
Miss Bow aud brotherin.law Of james
Hurley, all whom were witnesses fol
the State. Tho defense has already in.
troduced evidence 10 tho effect that Rus,
sell Bow, before Morris was known Ia
be dangerously hurt, declared that II
was he who struck Morris. Other tesli.
mony Of the defense Is that In Jeller.
sons saloon the Tuesday after the Sun
day when Morris received the fatal
wound, in reply 10 a remark that II took
three OF them to do Morris up, Bow said
1t was "d-n lie, that no one touched
him bnt himself, and that he had
''smacked him twice for nibbing I'M
The evidence shows that the dead man
was struck twice with knife,
The Witnesses for the State who claim
to have seen Mlllerstrike Morris, say 1t
occurred out on the htepsof Hurley's
saloon but Mrs. Annie bow on being
asked by Mr.. Ray, WHO was boarding
with Hurley, where Morris was hurt,
replied thatit was in the dining room,
where they were then sitting. The
defense insists that Russell Bow hit
Morris while in the house. There was
blood on the inside Of the door frame
and some Of the witnesses say that Nor.
ris was not In the house again after he
and Russell had the sCuitle. So fur the
defense has introduced testimony
mainly tending 10 prove an alibi, show.
ing that the accused was at Charlie
seabrights when the fight occurred.
The Jury, In charge Of Deputy Sheriff
G. A. Jones attended the Simpson NJ. L.
church Sunday night,