Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-05-22


apartment was sufficient to show that il
was not necessity that kept the two broth.
ers i'm prison. If such a hole rs the New
Msrtinsvills jail could be tsrmed q prison.
The lO0r is OF common oak deal and the
ceiling shove Cf even less substantial
material A few bars crossing each other
in every conceivable direction, and bearing
a multitude OF patches, answered for a
window on either side Marks were
plainly visible of the repairs that had been
made. where the representative OF the
REGISTER WIS informed two men had
taken French leave, sud one could well
believe that they had done it, for an ex-
perienced burglar would stay in the
| legalizsd pen about fifteen minutes
The first words 10 come from the younger
mans lirs we're a complaint Of the accom-
modations, snd the complaint seemed JUS
titled. II waived a preliminary examina-
/ hon" be said, 'and came in here without
a commit, bat l would not DO it again If
/ could prevent it. This room is simply
horrible. Smell this cell" and he led the
/ reporter 20 an IT. n enclosure about six by
eight feet, in which there were two bench
es One Whit was enough. An OdOr rose
/ from them like q mixture of decaqing gar
| bage and assafostida. There's where they
put 8 gentleman" " ssid the Doctor, as ne
returned and paced excitedly up and down
the room This is what We get for exer-
cise. "
NOTHING NEW TO TELL.
Ia the meanwhile, the other Doctor sat
quietly at his table reading paper. In a
few minutes the younger man composed
himself DIT +. v Cox said ne had moth
ing % say in tgard TO his case He had
rot yet msde any statement, but if he had
| he could not have added anything 10 the
story told by his brother and Mr.. Taggart.
His first work would be to secure his own
aCquittal, and 20 that end he desired a
trial as soon as possible. He was conf
dent that he would be vindicated, and
after that he would lend his aid to ferret
out the mystery Of Lizzie Taggart's death
snd discover her betrayer.
Dr. T. A. Cox said he had told on the
witness staud all he had to tell. He had
not described the method Of the operation
there, because il had not been asked. That
was q matter that ought to be reserved for
the uisl court, and he would de3cribe it
in detail there. He was explicit 10 deny
ing that he knew any one In connection
with the case besides Lizzie TagSart her
self. No one bad sent her to his Office, so
far as he knew, and no one had consulted
with him about her besides her father, his
brother and herself
"What time did the REGISTER say she
left home? Was it on April 29th?" he
said suddenly turning inQulsit0r. He was
informed that the date was correct Let
me see, she came to my Office on Thurs
day. be continued; where could she
have been in the mesntime?" The Doctor
mused a few moments as If debating 3 con-
tingency, bat did not reply to his own
question.
Prominent FAMILY CONNECTIONS.
The course Of conversation changed and
the Doctors both chattei pleasantly for
bali an hour. Dr. F V. Cox said he had
first begun practice in Peasants
county, ". Va, and hsd practiced
in several localities on the river
since then, locating several years ago at
Proctor. The younger Doctor said be had
been resred by his aunt, Miss Gutherie,
of Woodsfeld, Ohio. He went we1t in
1884. and there visited among his friends
and studied medicine in the Kansas Medi-
cal College He came ea5t on the 3lst OF
December, and soon afterwards located IN
Wheeling.
In the course Of the conversation, it was
developed that both doctors are related to
some Of the most prominent families OF
Vest Virginia. Ex-senator Waitman I.
Wiley. is a cousin Of their father, and DR..
Cox. of MssOntOwn, ". Va, is a tull
cousin of both men. The well-knOwn Ar
nett. Cox. Stewart and Brand families, OF
Marion and Monongslia counties, are
blood connections, and they spoke very
/ famiHarlv Of all of them. Neither have
visited in that section Of West Virginia for
wears. hut they recalled numerous names
/ Of relatives who are prominent IN their re-
spectiye communities.
In conclusion, both doctors said that
/ they thought an injustice had been done
them in the public mind They were con-
fdent that a trial would prove their limo
ceuce, and they desired it as soon as pos
sible.
| POSITIVE INSTRUCTIONS FROM THE BENCH.
Court met shortly after dinner, and in
few minutes a grand jury was selected and
the oath administered. Judge Jacobs I'M
mediatelv began the delivery of the charge
It was = mastery series of instructions,
ard was stfentively listened to by the large
number OF interested auditors present
He began by impressing upon the mind OF
the jurors the independence Of the position
tbev occnnied and the fact that no one
eould hold them to account or cast blame
upon them for failure to convict on any
indictment presented by them. The Of
lenses which would be brought to the
iurors' consideration could be conveniently
classified. The first aud greatest was
murder. If any offsnse Of that character
we're shown the safest practice was 70 re,
turn an indictment for murder, ana
leave the degree of the crime
10 be determined by the trial court. Judge
Jacobs charge was intently followed
through the classification Of crimes. AT
last he came to the point, which the audi
epce had waited for so anxiously. be SAID
there doubtless would be called to the at
tention of the iury, matters OF recent oc-
curreuee. He understood that the men
we're in custody charged with a serl-
ous offanse. The law on the case could be
summed up briefly. If any individual
used any instrument or drug on a woman,
for the purpose Of killing an unborn child,
he was guilty Of felony, and punishable
under the laws by not more than ten nor
/ less than thres years imprisonment. II IN
| such a case injuries were inflicted that re-
suited I'm death 70 the mother, it would
be murder, as far as the mother was con-
cernad, but in the second degree.
III, however, the operation was performed
in good faith, with the purpose of saving
the mothers life, the physicians were
blameless, provided it was not shown that
they had performed their work in bung-
ling manner. IL death had been caused
by their unskilful work, they were liable
to indictment for voluntary manslaughter.
Judge Jacob closed bis charge, and with a
few parting instructions he dismissed the
grand iury to its room.
BEFORE TIE GRAND JURY.
It had been decided to put Mr.. James
W. Taggart before the jury as the first
witness. but on dshberatiOn the matter
was reconsidered. Mrs. Walter Moore
was the first to testify. Her story has
been told in detail before. There was no
important variation. Mrs. Wharton, who
was the only other witness examined on
the case. also told her story. The two
women failed 10 develop anything new,