Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-12-06

and showed that ball from . revolver
fred from car window would take
about the course the fatal bullet took.
After another appeal TO the jury Tor
mercy for the sake OF the wife and child.
and after speech of little over four
hours, the speaker gave way for his COL
league. Capt. Daniord. Chis gentle
man, at the outset wanted the jury to
have 9 clear understanding of how the
trouble came about. he thinks some
thing has been held back by the State;
that the boys did not tell 1t all.
The language used By the oeys, as stated
In the evidence for the defense, justified
the punishment given them by Grace,
but the boys who charge that Wilson
struck and shot at one OF them simply
because be declined to stay there, tell
such an improbable story, says Captain
Danford, that it must be believed that
something was being held back. He
thinks that the blow which was struck
over Wilson'S head by WestUood was
the first step toward bringing him iHto
the trouble. he went over the whole OF
the evidence, pointing OUT the discrep-
aucies between that OF the State
aud that OF the defense and
asking that in consideration Of the
conflicting testimony the prisoner be
given the benefit OF the doubt. Then
taking up certain witnesses for the
State, he gave his reasons for discredit-
ing their stories, brought out more dis
tlnctly some Of the points made In the
evidence by the defense, and cautioned
the Jury to be sure they knew who
shot Murphy before they declared VIII
son guilty. The men who testified were
all so excited that no two OF them saw
the affair exactly alike, and he did not
believe that any man this side OF the
Omnipotent knows who shot George
Murphy. q He closed with an appeal ITO
the stubborn pride to Belmont jury
for the stranger within our gates.
Prosecuting Attorney Hollingsworth
closed for the prosecution. On account
of severe cold, his speech was not as
long as it otherwise would have been.
His effort was an excellent one. he
defended Westwood, aud said he did
not believe he was "liar, william, or
perjurer." lie did not think that all OF
Shea's tears should have been shed for
Wilson'S wife and child; some OF them
should have been shed for Mnrphy's
widow and six orphan children. Mr..
Hollingsworth was followed closely by
the crowd, and his argument was the
subject OF general and favorable COM
ment.
Then Judge briggs delivered his
charge. He gave a very clear eXplana-
ton to the jury, of what is reasonable
doubt. He defined ii as an honest un-
certainty in the mind Of reasonable
man, after a careful revision OF the
facts. He told the diherent
degrees OF murder. eni what constitut-
ed each, and said 1t was the duty OF the
Jury to find out first, whether Murphy
was killed; second, whether Wilson in-
nicted the wound or not; third, whesh-
er IL was unlawfully inflicted; fourth,
whether it was mallciously and pur-
posely. He said II the shooting was
done under excitement, and after
reasonable provocation, IL was not ma
licious, but it must have been directly
caused by personal violence done
by the deceased TO the prisoner. lie
followed this with lengthy explanation
of sell-defence, aud the law bearing up
on it. 1t was a question OF whether
the officers attack on Wilson was un-
lawful. IL they were arresting him for
an offense, his act In shooting the
officer was not justified. The duty Oh
the Jury was the administration Of
justice, not mercy.
The case was given to the jury at a
few minutes past nine o'clock.