Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-26
A NARROW SQUEAK.
THE JURY LET'S JACK PROBASCO OFF WITH A
PESIIEYTARY VERDICT.
Hs Would Have Went Up for Life Could the Jury
Have INFLICTED That PuHishnsni-lnci-
dents Of he Day in Court


Urnla Jackson, was resumed by Prosi-
cutting Attorney Howard yesterday
morning about half past nine o'clock.
The examination Of the prisoner lasted
about half an hour, and further deyel-
oped the peculiar and very objection
nole record OF the defendant. This
closed the -evldence, and Mr.. Howard
soon after began his speech for the
State. There was very large audi
ence present all during to-day, the
crowd MOI only filling all the seats, but
completely blocking uD the aisles. Mr..
Howard's address was strong one. de
was followed by Mr.. j. Is. wilson, OF
counsel FOR defence, who appeared be-
fore a fury for the first time. His argu-
ment was an able one, and Mr.. Wilson
was repeatedly cOmpllmente0 Oy MS
friends. He was followed by Mr.. BOyce,
for the defence, who spoke more than
al hour, doing all for the Defendant
ft was possible TO de with so bad case.
Court then adjourned until , p. m.
The closing address OF Mr.. Howard
was a seathing arraignment OF the de-
PENDANT and a graphic exposition OF the
horrible crime. The foul details OF the
assaults were used with terrible effect
against ProbascO, whose record, admls-
Mons and characteristics were pictured
with a master hand, and his statement
Of the law was clear and lucid. AT the
conclusion Of Mr.. Towards address,
with a demand for a vigorous enforce
ment of the statutes, Mr.. B0yce, OF
counsel for the defense, arose with a
paper in his hand, and started TO make
An offer 10 the Court. Judge Paul
ouickly interrupted, and said nothing
more was permissible. Mr.. Boyce per-
sisted. and said he intended to say
nothing improper, but the Court said
the case was closed for the defense.
afr. Boyce said he only had tran
scriDt OF the evidence, but the Court
said the jury would remembering evil
dence.
Mr.. BOyce-But ean'tI make a ten
der?
The COurt-NOt now.
Mr.. Boyce-Can't I have my offer
Ia ken down?
The Court-You can after the jury
goes out.
The Instructions were then read, and
at ten minutes Of four, after the usual
admonition and caution from the Court,
the Jury retired TO their room. In dis
missing the jury, the Court said II there
was a simple verdict OF guilty, the pun
ishment was death, If they added 70
"zuilty," the words, land fix his pun
ishment at confinement in the peniten-
tlary." he would be sentenced 10 i'm
prisOnment He had prepared three
forms OF verdict, which he submitted TO
the, gury.
Alter the jury retired the defense had
their offer taken down, and the Court
Added to Il an explanation Of his de-
kision, to the effect that the Court had
decided that the jury would remember
the evidence. The evidence in queS-
tion referred TO the position OF the girl
at the time OF the alleged assault.
At eighteen minutes Of five the jury
came into Court and submitted, through
the Sheriff, the following written en-
Quiry:
"Cap we, as a Jury, add to verdict
OF guilty a clause fixing his punishment
at confinement in the penitentiary for
life?"
The Court said they could not make
the Imprisonment for life, aud the jury
again retired.
The law, where the verdict fixes the
punishment at confinement in the pen
itentlary, limits the imprisonment to
twenty years.
AT 5:45 the jury again came into
Court, a tremendous crowd being pres
ent.
Gentlemen Of the jury, have you
agreed upon verdict?' asked Clerk
Mitchell.
ave have" said Foreman Crummie
"Shall your foreman speak for yOu?"
Eyes, said several jurymen.
Jacob PrObasCO, stand up"
The prisoner, white and nervous
slowly rose 70 MS feet.
"What say you, gentleman OF the
jury, guilty or not guiltyP
Guilty"
Probasco sank back into his chair
Foreman Crummie handed the verdict
70 Clerk Mitchell, who read:
1--WE, the jury, find Jacob Probasco
alias Jack Clifford. guilty as charged in
the indictment, and we further fix his
punishment by confinement in the peni-
Tertiary. We further recommend that
the full extent OF the law be carried
out"
A hum Of comment ran through the
audience, which was promptly checked.
The verdict was transcribed on the in
dictment, and read. Mr.. BOyce asked
that the jury be polled, which was done,
and then the jury was excused until
Tuesday, May 3lSt The defense made
a motion for a new trial, which motion
was set conditiOnally for Friday OF this
week. The defense wanted delay, but
the Court said the matter must be dis
posed Of at the present term.
The action Of the jury, in spending
an hour and a half In discussion after
q Court told them they could not send
penitentiary for life, convinced
every one they had more than
1ind TO stretch bis neck, and
a him a penitentiary verdict
d deal Of discussion and re-
was very narrow squeak
10 tsliie.
IN was confirm ed by
it'll members OF the Jury
g twO or three wanted to
death penalty.
rain Service Between Grafton
and Wheeling
NUnderA he summer schedule OF the
BNtimore\ and Ohio Railroad Company,
which wenNintO effect on Sunday, MAY
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