Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-12-23
us CHRISTMAS GIFT.
LOUIS BRIESACH CONVICTED OF MURDER IN
THR FIRST DEGREE.
The Jury Came in Just at Six O'Clock Last Even
Ing, After BsiHg Oui Three hours and Forty
MINI ss-A NOTION For New Trial
Set For Wednesday.

brought TO an end at six O'Clock last even
ing, when the jury fled into their seats,
and Foreman Maxwell returned YER
dict Of murder 10 the FIRST degree, FIX
ing the punishment at confinement in
the peDitentiary.
This necessariallY means life SEN
tence.
The usual motion for q new trial was
made, and will be argued to the Court
on Wednesday next
The escape Of the defendant from the
death penalty was evidently a narrsw
one, add it was the general opinion
Of those in the Court room when the
jury cane in, that the only thing which
saved Brlesach was the natural reluet-
ance Of every jury, no matter how
richly the defendant may deserve it, to
return a verdict which would carry
with it the extreme penalty Of the law:
This conclusion seems TO be warranted
by the enquiry Of jury OF the Court,
about quarter to six. which will be
fully detailed further along.
When Court convened yesterday morn
lug at half-past niue o'clock PrOsecut-
ing Attorney Howard began his address
90 the jury, closing the argument on be-
half OF the State. There was very
large audience present. Mr.. Howard
spoke for two hours and half, aud
bis argument was was a splendid one,
comparing well with the best address
made By that gentleman In the past,
which will sufficiently indicate its high
standard. Mr.. Howard devoted him
self for the most part 70 a review OF the
address made by Col. Arnett, OF
counsel for the defense, and his analysis
Of that gentleman's speech to the
Jury was very thorough one. tie was
especially effective IN his dissec-
tion Of Col. Arnett's assertion
that the large club could not
have been welded by Briesach, else his
wife's head would have been "crushed
like al egR-shell," and demonstrated
very conclusiVely that not only was It's
use not impossible, as the Colonel had
attempted 10 show, but that 10 was used,
and with disastrous effect 10 the help
less victim. BY waV OF demonstrating
the club to the jury, aud with micro
scope pointed out hairs from the dead
WOman's head still caught In the splint-
eTs on the surface Of the weapon. 10
prove that the testimony OF Officer Sny-
der, about Briesach washing the club,
was true, Mr.. Howard stood
the club up Ia the window
where the light could fall upon II, and
where the jury could see that the por-
ton which had been rubbed by the
murderer with the wet rag was cleaner
than the rest Of the club. As TO the
theory OF Col. Arnett that the ceiling OF
the kitchen where the woman was
beaten TO death was too low to admit OF
man swinging the big club, Mr.. How
ard told the jury that Briesach was q
coal miner, and had been used to work
ing and swinging tools In places where
the ceiling was not over five feet in
height, and as for the woman's skull
not being crushed, she had evidently
thrown up her arms TO ward the blows
from her head. Her wrists had been
broken 10 this manner, aud the
force Of the blows aimed at her
skull sufficiently reduced to cause
compression of the brain without
fracture Of the skull. Mr.. Howard
characterized as absurd the claim Of
Briesaeh that his wife was killed by
fall. The defendants claim was that
she went up stairs aud fell down, and
then went back up again and fell again.
Col Arnett Ompiained that Briesseh
was called brutal; he was not called
brutal, but there is no other word In
the English language that would fully
express bis actions. The cause OF
the bruises on Mrs. Briessch as
claimed by the defense was al
luded TO, and the theory that
she inflicted the bruises on her
self ridiculed. The reason why there
were no bruises on the inside OF the
arms and legs was explained fully. Col.
Arnett's statement about the whip lash
being too long 10 use that weapon ei-
fectlvely was answered by Mr.. Howard
By saving the lash was doubled and the
effect OF double blow secured.
The woman was bruised about
the back, the outside OF the legs
bruised, the outside OF the arms bruised
and both OF them broken, and IL could
be seen that these blows we're in-
fllcted by this whip and club. The jury
was then asked il they believed that the
woman rolled about the floor or fell
down stairs, according TO the defend
ant, and was not wounded about the
breast, or did they believe the witness
es. Col. Arnett was criticised for say
ing that Briesach only Intended to
chastise her. II that was the case, be
should be taken 10 that engine Of death
and the moose adjusted and be should
be sent 10 eternity, and so should every
other wife beaten. II the jury fnd that
this man is guilty, then the law
will see that he Is dispatched
as palnlessy as possible, and
that Is more mercy than be showed
his victim. The speaker said If he
could open the grave and show the jury
the body being eaten by the worms, aud
they remember that his cruelty did t.
then they would see the mercy and the
fustice OF the law. The picture Mr.
Howard drew Of Mrs. Briesach's baby
living upon the bed crying for the nour-
ishment its mother only could give,
while at the same moment the father
WAS beating the mother to death, was
one affecting forceiully both jury and
spectators. The speaker concluded
that the defendant was fend who had
forfeited his right to live upon earth.
Mr.. Howard then took up snd dissected
the story told by the defendant upon
the witness stand, and closed at noon
with a peroration which was eloQuence
itself.
AT the conclusion OF Mr.. Towards