Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-06-23

while the accused is a son Of one of the
original settlers in that section, and his
| family connection now numbers perhaps
o hundred.
Prosecuting Attorney Parsons and
Col S. f. Hooton represented the State,
while the defense is conducted by j. Il.
Parkinson, well-known criminal law
yer Of Moundsvile, and Capt. B. B.
Dovener, of this city. Little time was
lost in securing jury, twenty compe-
tent men being found before the first
panel was exhausted, only one being
excused because of conscientious scru-
Piles he had regarding the inhlction OF
the death penalty.
The twelve men who compose the
jury are Nelson Weekly, John p. Reid,
j. f. Dowler, J. A. BurleY. Jacob Still
well, Samuel Douglas, S. B. Higgins, s.
L. Allen, j. l. Sprague, R. A. Holdings
head, Michael Gately and Francis Eb-
erlng. Prosecuting Attorney Parsons
presented the case on the part Of the
State, and carefully outlined the evil
dence they expected to produce to
substantiate the charge Of MUIR
| der in the indictment, and
said they expected to show by the
evidence a willful, deliberate and pre-
meditated murder. Capt. Dovener re-
piled for the defense and said they ex-
pected to show that the killing was
done in self defense. He recounted
the scenes of that day on the waters OF
Milestone, tributary OF Fish Creek,
and minutely defined their position In
an address Of over an hour. The
Court House was we'll filled with
spectators during the entire day. There
were about twenty witnesses on each
side, who were called, sworn and ex-
cluded from the Court room.
The first witness was Mrs. Mary Ann
Altman, mother of the dead boy. She
told the story of the killing in very
deliberate manner, and was subjected TO
long REORGANIZATION. She said she
found her boy and Charles Nice in the
Yoho corn field and had taken them
down the hill and through the gate, and
was just crossing a small drain, when
Yoho, came up from behind and asked
her who they were. She told him that
It was her boy and Charley Nice, that
Yoho then struck Joshua with club
and knocked his hat off. That then
Joshua turned and knocked him down
in a small pool of water and that Yoho
grabbed him by the leg. That she got
them separated and told Joshua to run.
That he started up the road, and Yoho
broke loose from her and took up the
near cut to head him off. When he had
caught up to him, they again got into
the scramble, and Yoho stabbed her son
twice, once in the arm and the
other time in the side. All
this time Nice was lying on the broad
of his back in drunken stupor, and
knew nothing OF what was transporting.
They carried the boy to the residence
of Frank Hoke. where he remained I'M
I'll next morning, when he died. Jacob
Cofiield, Andrew Hoke, and Frank
Hoke, were called. They were present
and had seen the last fight and stab
bling, and told substantially the same
story as told by Mrs. Altman. DR.. j.
w. Yeater was called and testified
that the wound in the side
was what caused the death
OF young Altman he was present when
he died which happened about ten
State rested its case, and the defend
ants witnesses were called. Charles
Nice, who was Joshua Allman's COM
panion on that fatal day, was the first
witness. He claimed that he was not
drunk, but had seen all the fray that
led up TO the stabbing. he claimed ALI
man and his mother had come up TO
where he was lying, and that when
Yoho came through the gate, Yo-
no broke back aud knocked him
down, and hit him three or four times,
and that he had threatened Yoho. He
also testified to the quarrelsome char
acter of the deceased. Barbara Yoho
and Webster McKinnsis were called to
show that Altman was In the halls OF
carrying firearms and his Quarrelsome
nature.
The case will likely close to-day.