Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-12-06
7HE JURY OUT.
THEf RETIRED ABOUT NINE O'CLOCK LAST
MIGHT,
And the Murder Trial viii Probably End To-
Day With Ysrdics-Ths Arguments Of
Council Yesterday.

The jury in the Wilson murder trial,
at st. Clairsville, was charged last
night, and retired to their room about
nine o'clock.
A summary of the arguments Of coun-
sci and of the charge OF the Court, will
De found below.
Mr.. Lawrence began his argument by
explaining to the jury the different de-
grses of murder, stating that ne be-
lieyed the evidence showed the prisoner
to be guilty Of murdr in the second de-
gree as charged, and proceeded from
the evidence before the jury to show
that Wilson had wilfuly, unlawfully
and maliciously killed George Murphy.
He reviewed the testimony Of the wit
nesses for the State. showing that they
corroborate each other in nearly every
detail, and that while the witnesses for
the defense did not agree with each
other, still several Of them agree with
the story as told by the defense. The
preponderance of evidence, he said,
showed conclusively that Wilson had
shot and killed George Murphy. With
only two witnesses to the shot fired
from the car window, who do not agree
in their testimony, it is unreasonable to
suppose that, in the face of the teSti-
mony of numerous eye-witnesses
who said they saw Wilson
shoot Murphy, this shot could
have passed over the heads OF all the
intervening crowd between the car
window and Murphy and killed him.
He drew picture OF Wilson, after he
had fred two shots, standing beside a
box car, revolver in hand, calling, as he
himself had testified, for the police TO
protect him, and told how Wilson,
when officer Murphy in uniform, wear
ing his badge and large enough to be
seen above the crowd, came face to face
with him not more than few feet dis
tant-With protection at hand-instead
of accepting the aid he had invoked,
had deliberately shot down the man
who proffered it. Vengeance for the
blows ne had received from another Of
flcer must have been his motive. De-
liberate, wilful, malicious murder was
the conclusion he reached from the
evidence, from the great preponderauce
of the evidence. Murphy's eXclama-
ton after he knew he was fatally hurt,
'Tm done for, boys; you've got the
man; hold on to him." was sufficient
evidence in itself to prove who fired the
shot, even II the prepouderance OF the
evidence did not show that he had done
it and that there was no evidence to
show that anyone else had done so.
\ &c rrrft n
pathetic appeal OF half an hour TO the
jury in behalf Of lcniency toward the
wife and child of the prisoner who sat
by his side. He told pathetic stories
and drew pathetic pictures OF the worse
than orphan and widow which the con-
viction OF the prisoner would leave
alone in the world, and appealed to the
feelings OF the jury not to take the
father and husband from them. His
words had their effect. The wife OF
the defendant could not :epress her
sobs, the speaker himself shed tears
and the scene was very affecting one
The speaker plead with the jury with
tears in his eyes not to take the pris-
oner from his wife and child unless
they were convinced beyond the very
shadow of doubt that he was the man
who fred the fatal shot ard then, by
impeaching the testimony OF the prose-
cution and by bringing out the incon-
sistencies in the evidence, went on to
show that there is room for the greatest
doubt in the minds Of the jury.
He began an effort to detract from
the weight Of the evidence for the
State by abusing the personality Of sew
eral Of the witnesses. One Of them he
said chad a mouth like it had just
dipped a hot potato" an impudent, in
famous, contemplate brat Of boy with
a head like a wooden nutmeg. Anoth-
er, be said, reminded him OF Vine
street dude whom the Mayor OF Cincin-
natl had ordered arrested on sight.
One man he called "Ay-up-the-creek."
and said he had wheels ia his head
To Marshal Westwood, whom he recog-
nized as the principal witness for the
State, he paid his particular respects
He called him an armed bully with a
great big bludgeon In his hand, ruff
fan, a scalawag, seven times convict
ed purjurer, who had skinned the
lowest crust of society for witnesses,
and used every means In his power TO
send this man TO the penitentiarY.
Following this he went over the depo-
sitions as to the character OF the
prisoner, showing that he had always
borne good name and said IL should
raise in the minds Of the jury the pre-
sumption that men OF good character
do not commit crimes. He quoted
from the Ohio reports TO the effect that
the motives of men Of good character
for the commission Of crime should be
looked into by the jury.
He next came to the subject OF SELF
defense, which he said was law OF
nature which had been recognized since
before the time when history began,
and said that any man was fully justi-
fed in killing in self-defense. he said
that Wilson had no way OF knowing
that Westwood was an officer, as be
was in citizens clothes, and when club
bed by him, felt it was his duty to de-
fend himself. He was inclined also to-
ward the belief that Wilson may have
been rendered unconscious By the blow
Of Westwood, and that while thus de-
prived of reason he may not
have known what he was doing.
He called attention to the fact that the
clothes Of Murphy had not been pro-
duced In Court, and that it had not
been shown that the ball which had
killed Murphy was the same size as the
revolver which had been offered in evil
dence. The rule of law, he said, was
that if evidence could he produced and
was not, the jury is to presume that the
reason is because it would DO detrimen-
tai to the side OF the case responsible
for the neglect. he claimed the benefit
of that rule in this case. From the fact
that Wilson hid behind car wheel
when be had revolver with two loads
left in it, then dropped tie gun and