The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-12-03
FOREMAN NOT GUILTY.
No Verdict Yot Us to DR.. Pipes In
tho Circuit Court. III
HIS FELLOW DEFENDANT CLEARED.
The Defense in tho Grave Hobbing
Case Concludes Its Testimony and
the Case is Given to tho Jury...oth.
or Cases in Judge Paull's Court at
Yesterdays Session.

The hearing Of tho case OF DR.. John
r. Pipes and Taylor Foreman, indicted
Tor stealing the body OF Charles Wur,s.
berger from its grave at the county in.
Urinary, was continued IN tho circuit
court yesterday, Judge PAUL. OH the
bench. Tho evidence was finished at
the forenoon session, and aitor tho din
ncr recess the time was divided up and
the argument made, the three speeches
consuming tho timo until nearly 8
o'clock. Tho case was thon given to
the Jury, and after being out u shor.
tine an adjournment was taken for sup.
per, after which court rcconvcncd, and
tho jury was again sent 70 Ito room to
deliberate on the case.
At the night session tho jury report
ed abou: q quarter before 0ihat they
had agreed as TO tho case OF the defend
ant Foreman, and found him not guilty,
but they had no. yet been ablo to agree
upon verdict as 10 Or. Pipes. Judge
PAUL discharged Foreman from custody
and sent tho jury back TO tho room 10
continue their deliberations until 10
o'clock, and informed them that ii they
could not by that time agree upon n
verdict he would excuse them till this
morning. At 10 the jury was again
brought in and tho foreman informed
the court that there was no prospect OF
IN early agreement MS 10 Pipes, and tho
court adjourned ill 0 o'clock this morn.
ing, the Jury being taken to tho Stamm
house to sleep over tho case.
Tho evidence yesterday was all for
tho defense. 4 witness testified that
several weeks after the man was buried
he and William Brandstroup opened
the grave, and the body was still there.
DR.. Pipes denied that he had ever stole
n body or tried to steal one, or made 4
proposition or arrangement to that end.
fte remembered conversation with
Dr.. J.. D. Wilson on the subject. Some
OF the things DR.. Wilson said he had
told him he had said in jest. and as to
others the doctor was mistaken. Fore.
man also testified that he had never
stolen body or tried to. Captain
DovGncr wanted to introduce evidence
TO show that improper relations existed
between woman who at tho tine the
body is alleged to have been stolen was
an inmate OF the superintendent house
hold and one OF the men employed at
the infrmary, and that the charge OF
grave-robbing against Foreman was the
result OF malicious conspiracy, but
this testimony was ruled out.
Last evening after the Pipes and
Foreman case was finished, the case OF
William Mccullough, indicted for as
saulting Charles Graham with intent to
kill, was called, and jury selected,
but not sworn. The jurors will be
sworn this morning. This is the case
OF assault on non-union driver work
ing ior ". Reilly, the wholesale grocer,
during the reimbursement strike.
In the chancerv cause OF John S. Viii
son ct al. VS.. Isabella Wilson ct al,
Nlessrs. D. 4. Phillips, Peter Miller,
james B. Merge, Andrew Thalman and
Walter Torrill were appointed commits
sioncrs TO assign to each OF the parties
in interest his share OF the estate, in
proportion 10 their shares OF the prop
erty, ii possible.
In the cusc OF the state at the relation
OF the First National Bank OF Santa Bar
bara, CAL, vs.. Alonzo l.. st. Myers ct al,
the affidavit offered by the defendant to
the effect that certain defendants did
not desire to defend, was rejected and
the argument on the demurrer set for
future day.