Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-11-05

Tho Jams Case Given TO the Jury After
Eight Days-The Jury Still Out at - LAKE
Hour.
P1rrsBURG, PA, November 4.-Eight
DAVIS for an assault and battery case Is
an unusual record for this county anu
yet such is the time consumed In the
Iams case. The testimony ana argu-
ment so far in the case makes over ,,uVo
pages Of type written matter, ana oy
the time the trial Is concluded IL VIII
make 1000 pages.
Senator Robbins made the closing ar
gument for the defendants. dc appears
especially fos Col. Hawkins, AID MS ar
gument was chiefly directed TO MS ue-
tense. lie said: There has been no
malice shown and no attempt to snow IT,
There was no undue desire ID punlsh,
but the whole affair was conducted
with deliberate freedom from malice
The defendants were moved by only one
motive, the preservation OF good oruer
and proper discipline and THIS was al
they did.
Attorney Iams, for the prosecution,
concluded by saying the only question
here is, can an officer Of the Natlona!
guard cruelty and maliciously punish an
inferior. The question is, shall TINS
rope which inflicted this punishmens De
relocated to the past along with the
thumb screw and other ancient means
OF cruel punishment. MIR. lams at great
length gave clear presentation OF Tue
case. Mr.. Iams continued his argument
for one hour and fifteen minutes, when
Judge Porter began his charge as ioi-
lows:
.'Mallce means q reckless disregard
of the rights OF another and neeu not DC
proven in case of simple assault ana
battery, where it Is presumed. ii COL
Hawkins aud Streator In shaving the
head OF Iams and drumming him out OF
camp obeyed the orders OF superior
officer they cannot be convicted OF as
saut aud battery.
your verdict in the case against as
sistant Surgeon Grimm must also DO
not guilty. You must find Col. haw-
klns not guilty OF aggravated assault
and battery unIess IL be shown beyond
reasonable doubt he was engaged In
such assault with malice. Before YOU can
convict OF assault and battery you must
beating or bodily harm done with ma
lice. In the case OF aggravated Assault
and battery the Jury must be SATISFIED
beyond reasonable doubt that the de-
PENDANT suffered grievous bodily harm,
inflicted unlawfully and with malice.
or the malice and unlawful injury you
must be satisfied beyond reasonable
doubt"
At this point court adjourned till p,
m. when the court finished the charge.
Att D. m Judge Porter resumed charg-
ing the Jury in the Inns case and the case
went 10 the Jury at 2 O'Clock. During his
charge the Court carefully went over the
| testimony as adduced by the prosecution
and defense. Judge Porter said among
other things: sit was the duty OF the ON.
GERS to maintain proper discipline ana IL
any feeling of INSTRUMENTATION arose IL was
| thereir eight and duty to punish such OF
| tenders. If the officers believed 1t was
necessary TO punish Iams in order TO main
tain discipline and good order, they were
justified in 20 doing and they cannot De
| held accountable in any civil court"
w. L. Iams, the private prosecutor In
the cases against Col. Hawkins, Lieut..
Col. Streator and Surgeon Grimm, to-
day said whether the jury In the pres
| ent case found the defendants guilty or
not be would bling suit for damages.
The trials OF the Homestead rioters
ers will begin next week. Sylvester
Critchfeld, charged with the murder OF
II. J. Conner, will be tried first. The
case will open on "Wednesday. The
trial OF Jack Clifford, who is also
charged with Corners murder, will FOL.
low Critch1eld.