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

though "she was constantly taxing his
patience and torturing the life out OF
him."
Col. Arnett then took up the evidence
OF the State that when Briesach came
out of the bed room and saw his
wife lying dead at his feet,
be made no attempt TO raise
her or go TO her relief, ana re-
calling that counsel for the State had
characterized this conduct as a"orutal."
Col. Arnett said it was questionable
taste to hurl epithets and heap abuse
upon the head of one forced to keep
silent and dumb under all circumstances
and under all conditions. he said the
defendant had not lifted his wife up be-
cause he had often seen her lying upon
the floor in a similar manner.
The Colonel then threw out hint that
death might have been caused by heart
disease, or from the excessive use OF
whisky, and reminded the jury that he
had asked the attending physic ian IL
there would be left any ira &c OF death
by heart disease when that dis
ease was not organic, and
Briesach's end came about in this man
ner, no trace being left OF the cause,
and death being attributed subsequent
ly to causes entirely wrong. He said
the Jury might wonder at his plea that
the killing was not Intentionally, and
might say: "Why, you say he did not
kill her at ALL" "True, we say so" said
the Colonel, shut you may take the
view that the case of the State Is
proven, and hence, not only insist
that he did not kill her at all, but
also, IL he did, it was unintentional,
and the case lacks all the elements OF
both murder In the first and second de-
gree" He then quoted from the law
that when murder was proven, 1t was
presumed to be in the second degree,
unless the State could raise 1t to the
first degree by showing premedi-
tation and malice. lie also re-
ferred to the testimony of Officer
Snyder that Briesach had been drink
ing when arrested, and said the jury
should take that fact into consideration
in arriving at their verdict, and II they
found he was under the influence OF
LIQUOR at the time, he could only be
convicted of murder In the second de-
gree. Referring TO the quart Of whisky
purchased by Briesach on the morning
OF the murder, Col, Arnett said only
two inches of 1t was left in the bottle
when the crime was discovered, and his
idea was that somebody drank 1t. II ii
was Briesach, he was not responsible; II
it was Mrs. Briesacb, the fall down the
stairs, or heart failure probably brought
about her end. He left the jury to
figure Ii out for themselves. Another
idea thrown out by Col. Arnett was that
If Briesach bad struck his wife on the
head with the big club, he must newt
ally have crushed her skull, and that as
her skull was not fractured or crushed,
it therefore followed that the defendant
had no idea of killing her. HE either
didn't strike her at all with
that club, or II he did he didn't try to
kill her. You may take either horn OF
the dilemma you please" Another
theory Of the Colonels was that the
ceiling of the kitchen was too low 10
permit the bis club to have been WELD
ed. He also threw out hint that pos
sibly somebody else did it, although
saying he did not desire to press that
idea for a moment.
The Colonel continued to throw
out these hints and to make these
deductions until half-psst nine
o'clock, speaking in all over
four hours, and making from first
TO last a mastery presentation OF .
very difficult case. His closing re-
marks were a very earnest plea for his
client and an eloquent effort to reduce
any verdict Of guilty to one Of the minor
degrees. 81 beg you, for Gods sake, l
beg you, In the name Of justice. to not
convict this wretch unless you are sat-
isfied OF his guilt beyond all reasonable
doubt. You may say that he killed
this woman, but there is no evidence
on earth or under heaven that he In
tended to DO IT,"
At the conclusion Of Col. Arnett's ad-
dress Court adjourned until half-past
nine this morning, when Prosecuting
Attorney Howard will address the jury.