Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-12-22

YOUR body" That evidence alone, he
held. was conclusive upon this poiOt.
Mr.. Post impressed upon the jury that
there could be no middle ground IN the
case. The verdict must be guilty as
charged in the indictment" or the pris-
ouer was entirely and wholly innocent,
and must be discharged.
Mr.. Posts peroration was very
effective piece OF work, and at the close
ne was congratulated by bis friends
mon what was undoubtedly the best
speech be ever made.
COL. ARNETT FOR THE DEFENSE.
Col. Arnett began his address on be-
half OF the defense at 3:17 o'clock.
The speaker seemed TO be unusually
earnest 10 his manner, as though he
fell he was confronted with situation
altogether desperate and one calling Tor
all his eloquence, ingenuity and ex-
Derience. AS result, Col. Arnetts
opening was q masterpiece oil effective
oratory, at once ELOQUENT and earnest,
appealing powerfully 10 both jury and
audience, and 1t has seldom oeen
eQualled and never surpassed 10 an
Ohio county court house. When ne
began his consideration OF the law ana
the evidence, his manner underwent
a marked change, and he began and
carried out a well-conceived and ingeni-
Gus line OF argument calculated 10 oene-
fit his client, at least 10 the extent OF
reducing the adverse verdict which was
TO be feared as far as possible below the
death penalty. To this end, he quoted
from the Code aud explained at length
the law as to murder In the second de-
gree, manslsughter, etc. Coupled with
this was the utterance and reiteration
of the fact that the defendants story
and statement did not have to outweigh
the States evidence. The defendant
did not have TO testify at all. IL was
for the State TO make a conclusive case
against the defendant, beyond a reason
able doubt, before verdict OF guilty
could De returned. The credlbility OF
witnesses was dwelt upon, and the idea
was urged upon the jury that the num-
Der of witnesses testifyinE TO certain
alleged facts added little or no weight
10 the story. The lack Of apparent mo-
tive was also strongly urged, the Colonel
of motive of any sort 10 the case, al
though one had been diligently sought
for by the State. There may have been
a motive for chastisement, but no motive
TO kill whatever. The speaker also
urged that no man, however bent
on murder, would have carried
out the crime In the manner alleged,
with prying and expectant witnesses
around, in broad daylight, and with no
subsequent attempt TO seek safety In
fl ght, although there was every oppor-
tunity TO escape. This train OF thought
and argument was dWelt upon for some
time, COL Arnett especially claiming
that If the elemensof generalization en-
tered into the case, flight would have
followed as inevitably as night follows
day.
Col. Arnett added to this line Of argu-
ment when he took up the evidence,
and said that il Briesach had intended
to kill his wife he would have beaten
her over the head, whereas no witness
alleged to have seen blows struck, saw
a blow upon the head, but on the shout
ders or elsewhere, which showed no
serious harm was intended. AS TO the
testimony of Officer Snyder, he said:
'sThe bloodhound has no greater stimu-
lus 10 hunting out q victim than has an
uniformed officer. Put him on a case,
and he will move heaven and earth to
achieve success, and il is human nature
for him to do So" he dwelt upon Officer
Snyder's evidence, and pointed out that
although the officer testified that Brie-
sach was washing a dirty club
with q wet rag, there was no dirt on
the rag; and although there was no
purpose in washing the club except to
remove blood from il, there were no
blood stains on the rag, and no trace OF
blood in the water. The speaker made
effective use OF this matter, presenting
IL skillfully and ably to the jury, and
claiming that the whole thing was an
error and mistake on Snyder's part, for
not only did he not see any blood any
where, but the evidence OF the physician
performing the post mortem was that
there was no effusion Of blood except
small quantity from the nostrils.
Taking up the evidence Of Mrs. Bar
bara Sly, ne said she had contradicted
herself a dozen times in the course OF
her testimony. Her evidence was as
remarkable as that Of Officer Snyder.
He came back again and again to the
lack OF motive for murder and to the
absence OF intention to kill, and sought
by the most ingenious and careful argu-
ment TO raise and foster the element OF
doubt In the minds OF the jury. The
evidence of other witnesses for the
State was reviewed and contrasted,
until sos, when the Court took re-