Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1894-05-12

tinsburg and vicinity last Sunday,
which had some peculiar qualities.
1t first went around the town and
then crossed over twice, each time
shedding copious showers and some
heavy hail stones. Deputy Sheriff
Geo. w. Vanmetre picked up a stone
which measured s inches in circum-
ference and our local editor picked
up one as large around as his watch.
For a time it appeared as though
damage would be done to property,
but aside from injury to crops and
fruit it was slight.
THE ZEIGLER MURDER Trial.
Probably one OF the most interesting
trials for murder that ever occurred
in the eastern panhandle, was that
which consumed seven days of the
Circuit Court of Morgan county and
in which Rudolph Zeigler was indict-
ed for the murder of John Sautters.
The trial began on the lst day of
May and the case was given to the
jury week later, four and half
days being consumed in the taking
of testimony, and the balance in the
argument of counsel. Judge E.
Boyd Faulkner, of this circuit, pre-
sided, and all through the trial de-
eided promptly the many questions
of Importance that arose with mani
fest fairness and strict legality.
Messrs. Forrest W. Brown, who was
appointed prosecuting attorney be-
cause of the request of Mr.. j. Rufus
Smith, who deemed it improper to
act as prosecuting attorney, and j.
Nelson Wisner and X. Poole, repre-.
scented the State and Hon. D. B. Lu-
cas- and T. w. B. Duckwall repre-
sented the defendant. The case in
volved the testimony of forty-six
Witnesses, many of whom were
called upon the stand second time,
some three times. Apart from the
many side questions which arose as
to the communications of threats to
and from both parties, the right Of
the road through Zeigler's farm, the
attempt of parties TO open the road
as a public road, and its dedication
for public use by user for many
years, the evidence was about as
follows
On the morning of Feb.l3th, Saut-
tiers, the deceased man, in company
with Bauerle, the main witness for
the State, went along the road from
Sautters house to the Warm Spring
road across the place Of Zeigler, as
they had been doing for years with
out objection until a few years ago.
Zeigler came out Of his barnyard
down the road toward them about
twenty-five feet and told them he had
an injunction ON the road and they
shouldn't travelit any more. Bauerle
said "all right" and was then APP
preached by Zelgler who struck him.
Bauerle then struck back. An al
tercation ensued, and Zeigler's son
came from the barnyard and'tackled'
Bauerle. Baucrle had told Zelgler
to "stop that-we don't want to see
any blood shed on this place." AT.
ter Zeigler was struck by Bauerle
he drew back pulled his revolver and
shot twice, one shot going through
Bauerle's arm. Bauerle turned and
ran back past Sautters, who was
twelve feet behind him, and while
running heard other shots. Further
on he looked back and saw Sautters
lying in the road, face down, with
his head towards his home. Hew
shot through the left breast, just
above the heart, severing the main
artery and dying from internal hem
orrhages almost instantly.
The defence testified that Zeigler
just came out of his barnyard as
Sautters and Bauerle came up and
wien told there was an Injunction on
the road Bauerle came up towards
Zeigler, and Sautters also approach
ed, when Bauerle raised his hand to-
ward Sauttcrs, saying, "Hold on,
John, we don't shed cold blood"
Zeigler replied, "Neither do l."
Young Zeigler came cut then and
Bauerle struck Zeig'er. Sautters
stepped up, snapped his gun towards
Zeiglcr, but there was no discharge,
that Sauttels stepped back, dubbed
his gun and struck Zeigler in the
head. While partly dazed from the
effects of such terrific blow he shot
Sautters first and when attacked by
Bauerle afterwards he shot Bauerle
who ran. Sautters then stepped
back and felt his gun as if to reload
and seging Bauerle running, he also
started to rup, but fell about one
hundred and twenty-eight feet be
You'd Zeigler then went into his
house,and after telling his wife to get
neighbor to stay with her, he and
his son went to Berkeley Springs
and gave themselves up. Allthrough
the testimony stubborn contradic-
tons occurred and the jury found
great difficulty in coming to verdict
as the prisoner claimed the shooting
was done in self-defence
Aside from the above, the FONTS
to be weighed in the case are wheth-
er or not Sautters and Bauerle had
private right of way which they were
exercising, the threats IN the case
and the place where the affray took
place, which will decide whether or
not the prisoner was the assailant
As to the last point the evidences
showing thai it toJk Place at the
barn gate are the testimony of Zeig-
Ter and his son. and the finding of
Bauerle's cap and Ssutters' pipe at
that point. While the State in its
testimony showing that Two came
down the road TO meet Sautters and
Bauerle, has the evidence Of Bauerle,
Mrs. Sautters, eye witness, and the
prints in the snow and the bullet
hole in the fence at that point.
Altogether the case is a most re-
markable and complicated one. Mr..
Poole made the opening argument
for the State. ard was followed bv