The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-05-26
PROBASC0 GUILTY.
He VIII DO Condemned to Impris-
onment.
THE JURY OUT ONLY TWO HOURS.
Tho Prisoners Cross.cxamination
Closed, and tho Attorneys Make
Their spccchcs..,rhe Garrison Jury
Still Out, and Stands us 1t Stood on
the First Ballot.

"Guilty, as charged in tho indict.
ment,' was the verdict brought in by
tho jury in tho Probasco case, after two
hours deliberations, and imprisonment
in tho p%enitentiary was tho penalty
fixed for tho defendants assault on
Urilla Jackson.
When court opened yesterday morn.
ing the cross examination Of Probasco
was renewed. Nothing new was de.
vclopcd, however, the witness sticking
to his story Of not having had anything
to do with the girl, Urilla Jackson. lie
claimed the accusation was merely n
conspiracy directed against him.
At the conclusion OF the defendants
testimony Judge PaullN notified tho
attorneys that he would allow each aldo
two hours in which to present its arGu-
mcnts. Mr.. Howard led off for tho
state, and was followed by Mr.. Wilson
for the defense. This was! Mr.. Wilson's
first speech in the circuit court, and no
made II very c%reditablo argument. Mr..
Boyce closed for th1.deicnse, and court
adjourned until . p. m,
When the afternoon session opened
Mr.. Howard closed the casesn a speech
q little over III hour in length. Tho in.
structions prepared by the attorneys
were readto the jury,atthirtecn minutes
to four O'CLOCK the jury, retired TO thejury
room opposite theon the Garrison jury
was using.
At nineteen minutes to 5 o'clock the
jury returned to the court room, and
Sheriff Steenrod handed Judge PAUL. u
slip Of paper, on which Foreman Crum-
mic had written: Can the jury, in
finding the prisoner guilty, add n clause
to the indictment, and fix the penalty
AT IMPRISONMENT ~roRI1lFE|
mo" replied the judge, you can.
not" and the jury retired again.
1t was evident from the query put by
the jury hat their was no question in
the minds OF its members MS to the
guilt OF Probasco, but that they we're
avcrse to hanging him. The courts
reply was dictated by the fact that only
extreme penalties arc affixed to the
crimeo Of indecent assault on n girlunder
twelve years OF age, namely. death, or
imprisonment for from seven to twenty
years. The Legislature in amending the
old law, fixed the death penalty as the
highest punishment, and forgot 10 leave
as ar alternative punishment ilnprison-
ment for life.
1t was plain that the jury would not
hang the prisoner, though it consid-
cred him guilty. at about quarter to
6o'clock the jury returned, and Fore
man Crummic, in reply to Clerk
Mitchell, said that the jury had agreed
upon a verdict.
stand up. Jack Probasco," said
Clerk Mitchell, and Probasco arose,
with his eyes fixed upon the jury.
what is your verdictT said the
clerk. Guilty" responded the fore
man. Probasco dropped back in his
chair. He had evidently nerved him
sell, for nothing but 4 tight compression
OF the lips showed tho fearful strain
under which he was laboring. The Jury
had found him guilty, but his hope lay
IN the factthat tho clerk still held in
his hand the slip containing the YER
dict. I've, the jury read the clerk,
lind the prisoner guilty rs charged in
the Indictment, and fix tho punishment
at Imprisonment in the %penitentiary.
We recommend, as jurors, that the
FULL EXTENT OF THE Law
be given" This last clause was the
lury's request to, the Judge in sentenc-
ing the prisoner, to condemn him TO
the penitentiary for the full limit,
twenty years. Mr.. Howard wrote the
verdict on the back Of the indictment
Tor Foreman Crummie.t to sign, and dur
ing this episode all eyes were directed
at %Prosbasco.' With twenty years i'm
prisonment staring him in the face, the
prisoner bore up very we'll, anlsat there
with his hands ciasped tightly in front
OF him, a heavy sigh marking his agi-
tatlon. occasionally.
Al Mr.. Boyce's request the jury was
poclsed, each individual member giving
MS assent TO the verdict, and-tho iury
was discharged, the membersgbeing d.
Iected to appear again in court next
Tuesday, May 81. About this time the
harrison jury came in, and not ghaving
aSreea upon a verdict was not dis.
charged. The jury JUS. discharged
looked pitylngly upon. the brethren Who
were preparing to spend the tenth night
IN captivity.
The verdict in the Probasco case
seems to give general satisfaction.
Nlany still think that death by Hanging
would be too good for tho prisoner.
On the first ballot the Jury, -,lnani-
mouslr voted the prisoner gnflty, but
mere was some difference about award
lTns the extreme penalty OF death.
mere being no provision inzthe stat
ule Tor Imprisonment for life, and
son'e OF the Jury utterly reiusin. to
asfeG TO a death sentence, the verdict as
Hna'iy agreed upon was. rendered.
counsel for tho defense :ndde appli-
eat'Hn Tor a new trial, and Friday was
set ny INC court for a hearing OF the
argument on the motion. Counsel
wanted q little longer time, but Judge
raHll said he would have to shave a
lite time TO consider the Arguments
utter they were made, and MS tile term
was approaching its close, Friday was
'Ne most available day. ;#
THE GARRISON JURY sTIIL oUr.
NsasFc'mtnt E1pccted-Tho Jury Now
ms 1t Stood on First Ballot.
me Garrison jury has not vet made
up us mind, and seems to DO as;far from