Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1892-10-02
APPEAL REFUSED.
MURDERER WILLIAM MAIEg MUST BIB RE-
SENTENCED.
The Judgment Of the Circuit Court Affirmed BY
the Supreme Court at 0harlestOn-A Like
Decision IN Wayne County Case.

Murderer William Maier must hang.
So said the Supreme Court of the
State, in it's decision yesterday, at
Charleston.
The Court, at its session yesterday
morning, approved decision OF one OF
the Judges, affirming the judgment OF
the Circuit Court of this county, and the
cause will be remanded to the ONO
county Circuit Court that another day
may be fixed upon for the execution and
the prisoner resentenced.
This decision shows that, In the
opinion of the higher tribunal, the
points relied upon by Messrs. Atkinson
and Coniff, counsel for the defense,
were not we'll taken, and that no error
was committed by the Circuit Court In
passing upon the questions raised by
the defense upon the trial or the case.
Counsel for the prisoner made an ener-
getic defense, and did all that could
have been done to show that he was
mentally irresponsible, but the law will
nevertheless take its course.
The crime of which Maier was ad-
judged guilty was committed little be-
fore two o'clock on the morning OF April
4th last, at the residence occupied by
the family on Wood street, near the cor
ner of Fourteenth. Maier escaped from
the house soon after he fired the fatal
shots, leaving the dead body Of his wife
living on the bed, in the position she &C.
cupied when shot, and made his way
east of the city, and thence over the
hills to Benwood, where he boarded
train. Before and after his trial he
said he left the train some place near
Belmont station, and wandered around In
the country near the railroad Tor
time, but in reality. as has been heroic
fore shown in the REGISTER, he went to
Milwaukee and Chicago, where he APP
piled for work at several places. Some
thing impelled him to come back to
Wheeling, however, and he again came
over TO Benwood, where he again took
to the hill, and made his way to the
southern portion of the Peninsula Gem
etery, near his wife's grave, where he
was observed by people OF the vicinity
on the afternoon of April 13, and was
pursued by the police and citizens and
captured on the National road, near the
Thompson residence, by Isaac Smith
and others. The trial was commenced
before Judge PAUL April 90, and on the
23d OF that month verdict was rem
dered Of guilty of murder as charged In
the indictm ent. The prisoner was
defended by Hon. g. w. Atkinson and
John j. Coniff, counsel appointed by the
Court. Sentence of death was passed
June 4, the day of execution being fixed
for August 5. A stay was granted on
application of the defense to enable
them to go to the Court Of Appeals,
their chief reliance being the mental
responsibility OF the prisoner and the
absence of material witnesses who
would show injuries early in life, etc,
calculated to impair his mind. The
case has been pending in the higher
Court ever since, Maier remaining in
Jail.
At yesterdays session Of the Supreme
Court like decision was reached in
case of State v. Allen Harrison of Cabell
county, who murdered girl, and this
case is also remanded to the Circuit
Court of Cabell that another day may be
fixed for the execution.