Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-09-22
FOR MURDER.
THH TRIAL OF "LATR" wOODSON COMMENCED
YESTERDAY
In the Circuit COurt-A Jury Obtained and the Rvi-
dsnes for the State Partly Hsard-A
Witness Sent to Jail for
Contempt


the morning of the twentY-second of
June last, was commenced before Judge
PAUL, in the Circuit Court, yesterday
afternoon, and will be continued to-day.
The case was set to commence at half
past nine in the morning, but Harry
Chapline, the main witness for the
State, who had been expressly
warned to be on hand, failed
to materialize. Deputy Sheriff Zane
was sent for him, and learning that he
had gone out to Mt. De Chantal, went
there only to find that he had gone to
Fulton. The Deputy went to Fulton
ana finally found Chapline, who was
brought to town and taken before the
Judge. He was then given a lecture
and was committed to jail for five days
for contempt.
This delay threw the case over until
the afternoon, when the following jury
was obtained: Messrs. B. +. Higgins,
John II. Devine, Benz. Dean, John I.
King, George w. Merchant, Joseph
Weidner, Max Beuter, A. E. Carter,
Otto Schenk, NJ. l.. Etzler, w. ID.
Shields and G. w. Tiemann. Captain
B. B. Dovener appeared for the de-
Tense and Colonel w. w. Arnett assisted
Prosecutor J. A. Howard.
In opening the case for the State, Mr..
Howard made no distinct demand for
verdict in any of the degrees OF murder
or manslaughter, but clearly explained
the difference between the various
grades of punishment provided in such
cases. He narrated the salient points
in the evidence to be adduced by the
State, going over the main cfrcum-
stances of the case, and explaining the
various items in lucid manner.
He was followed by Capt. Dovener,
who, among other things, said that
while the saloon, under other manage
ment, had reputation that was not OF
the best, Mr.. Dolan had endeavored to
make it all that it ought to be, and one
of his orders to his bar-keeperS, includ-
ing Woodson, the defendant, was that
no sleeping or loafing about the place
was to be permitted. The defendant
opened the saloon shortly after mid
night on the morning Of the
22d, which was Monday, and
soon after Fleming came in, aud went
into the back room. About half-past
two or three Harry Chapine came in,
and stood at the bar talking with Wood
son. Before going on with the events,
Capt. Dovener took up an ingenious
and plausible theory as to the cause Of
Fleming's death. He said that Flem-
ing was saturated with liquor, and all
the indications and conditions pointed
TO a probable appoplectic tendency and
to the further fact that a small blood
vessel in the brain might have been
ruptured hours before the trouble in the
saloon, the pressure of the resulting
clot on the brain substance causing the
condition of stdpor which was attrib-
uted to liquor, and which inclined him
to drowsiness. In further illustration
OF this point, Capt. Dovener said
blood clots in the brain from
blow scarcely ever exceeded the
size of q large walnut. The evil
dence of the surgeons who made the
post mOrtem was that in this case mans
double hands would not have held the
blood found within the skull, and upon
this the Captain elaborated his theory
that the hemorrhage and tendency to
appoplexy, through drink existed prior
to the blow struck by the defendant,
and that the resulting death was but
coincidence which was unfortunate for
Woodson, as placing him In position
in which he did not really belong. This
theory of the defense was listened TO
with great interest.
Proceeding, Capt. Dovener said Wood
son, the defendant, knew nothing OF
Fleming'S character or his habits, but
mindful of his instructions when he saw
him apparently asleep, he went to him
twice and awoke him, and told him it
was against the rules of the house to
sleep there. Resuming his talk with
Chapline, he presently said: "Why, that
mans asleep again" and went back and
said: "See here, you can't sleep here"
when Fleming jumped up and struck at
him with his cane. Fleming slapped his
face, and then pulled him out of the door
and let him go. Presently officer West
came up and put Fleming under arrest.
at is true there were bruises on his
face and he was bleeding, but TO one
concerned thought there was anything
serious the matter with him, or that 1t
was death blow. He was taken to the
City Hall and washed of and placed in
q cell, and when the cell
was opened in the morning lit
tie before nine O'clock, he was dead.
When he was examined, the left hems-
phere of the brain was full Of blood, and
the probability is that the hemorrhage
had set in some hours before, and the
apparent evidence of intoXication,
which would not excite remark in
heavy and steady drinker, was in reality
the pressure of the blood on the brain,
long before WoodSon struck him, and
consequently the defendant is not liable
for his death
Col. Arnett, for the State, replied to
this theory of the defense, saying he had
no doubt the State would be able TO
show that death was superinduced by
blow, administered in an unlawful man
ner, and that the condition of the de-
ceased, referred by Capt. Dovener, was
not in any manner, directly or indi-
rectly, the cause of death, but that
Thomas f. Fleming came to his death
By reason Of blows in the face and head.
II feel sure we will be able 10 show that
the heart, lungs, kidneys, and other
organs, except. possibly, the liver,
we're in an entirely normal condition.
Further than this, we do not care to go
at this time"
The taking of evidence was at once
commarced nv calling Officer West to
the stand, who narrated his connection
with the case, saying his attention was
attracted to the saloon by the noise of
scuffle, and on going over he found
Fleming lying on the pavement. He
got him up and stood him against the
,rnn md then want inside and asked