Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-11-30
FOUND GUILTY.
THE JURY RETURNS A VERDICT AGAINST Me-
LISA MCGUNPoREY
For Unlawful Cutting-The Punishment One
Day in Jail to Five Years in the Psni-
teahay-A Lively Tilt Between
Counsel in the Morning.

1ue SpeCldJOIS WIN hdPPOhON w NANP
into Part Two of the Circuit Court yes
terday morning were treated TO an I'M
unusually lively tilt between Counsel in
the Melissa McGlumphrey case. The
testimony was all completed on Monday
afternoon, and yesterday morning the
arguments were resumed. Capt. Dove
ner taking the floor, he proceeded
among other things to score Prosecut-
ing Attorney Howard, asking why
he did not have Ada Foster arrest
ed at the same time on similar charge,
and reiterated that he did not dare 10,
and then sailed into Howard personally
and politically, thinking doubtless that
it would have strong effect upon the
jury, as there were several Republicans
ia that body.
But the scheme failed to work.
! When Dovener sat down there was a
deathlike stiffness for a few moments,
! the listeners straining their ears and
eyes to see and hear what would follow.
Prosecuting Attorney Howard slowly
arose and with his usual calm
and pronounced demeanor, pro-
ceeded TO unload a whole volley
Of words directly pointed at the
speaker before him. 1t was scathlng
broadside, and seldom has such per-
sonal arraignment been heard in the
Court room. Mr.. Howard was fired
with reply and for a moment seemed
inspired with a flow OF words. de
showed cOnclusively that Ada Foster
had been dealt with in the
same manner as Melissa Nc
Glumphrey, that the Foster woman
| had been arrested and the presentment
! handed to the grand jury, but they
! failed TO indict. 1t was demonstrated
by the books right in the court room,
and this most effectually closed this
point in the argument. 1t was a clear
case of Howard on top. This breezy
tilt was witnessed with absorbing in
terest.
The arguments over, the jury retired,
and shortly after four o'clock the jury
returned with a verdict of guilty Of IN
lawful cutting, Immediately following
which came a motion for new trial,
arguments for which will be heard at a
later day.
The punishment following such a
verdict is from one day in iail to five
years in the penitentiary and fine
not exceeding $500.
A brief resume of the case may be OF
interest to the REGISTERS readers who
have followed the brief reports Of the
trial. 1t occurred on the 9th of last
April,
Ada Foster is proprietess Of the house
No. $50 Market street, which Is owned
by Melissa McGlumphrey. The latter
occupies the third story Of the house.
1t appears that the two women had not
been on the best of terms for some
time. Tuesday night Miss Foster
left the house in hack and did not re-
turn until shortly before six o'clock In
the morning. When she entered the
| house Mrs. McGlumphry came down,
having been awakened by one OF the in
mates of Miss Fosters house a short
time before. She entered the dining
Mrs. McGumphry was struck upon
the side Of the head and the ear, and
slightly cut In her efforts TO secure
the knife, or prevent it from being
taken from her, she held the blade,
while Miss Foster twisted 1t In her
hand, cutting an ugly cash.
Mrs. McGlumphrey then pulled a
pocket-knife out Of her pocket, the
blade Of which was open. Holding this
in her hand, she cut Miss Foster in the
left breast. She then made another
vicious lunge and sunk the blade into
the pit Of her stomach, cutting an ugly
looking triangular cash. Miss Foster
was also cut upon the left arm and
hand.
When the affair was over Miss Foster
| followed the other woman out into the
yard, throwing the butcher knife after
her as she ran up the steps. She then
went as far as the gate, where she fell
down, being very weak from loss of
| blood.
officer Terrill arrived upon the scene
in short time, and placed Mrs. Nc
| Glumphrey under arrest She was
taken to jail, and later before Justice
Phillips, who held her in the SUN Of
$1,000 for future hearing on the 10th.
The defense claimed that the cutting
was in self-defense, while the State
! claimed it was wilful.