Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-02-28
His SECOND TRIAL
WILLIAM WILSON AGAIN ARRAIGNED AT
ST. CLAIRSYILLE
For the Killing Of Officer George Murphy, o.
Martins Fsrry-A Plea in Bar BY ths
Defsnss-Ths Trial Under Way.


William Wilson, who was indicted for
murder in the second degree, and who
was tried and found guilty of man
slaughter at the last term Of the Bel
mont county Common Pleas Court, bu:
who was granted a new trial on the
grounds that two Of the jury were in
toxicated at times during the trial, was
arraigned before the Court yesterday
morning for his second trial. What
ever may be the outcome of the trial it
is certain 10 rank as one Of the most
celebrated cases in the history OF Bel
mont county. 1t seemed as though the
greater part of the population Of Mar
tins Ferry, in which most Of the peo-
pie concerned in the case reside were
there.
The Court room was crowded long
before the opening Of Court. The pris-
oner appeared in the morning looking
fresh and confident. His attorneys are
Hon. L. Danford and Thomas (. Shay,
a noted criminal lawyer of Cincinnati,
who, il is we'll known, so ably defended
him on his first trial. For the prosecu-
ton J. w. Hollingsworth will assist
C. l.. Weems, the prosecuting attorney.
At the opening of Court the attorneys
for the defense created somewhat of a
sensation by filing a plea in bar, setting
forth the plea that defendant was once
tried for murder in the second degree,
was found guilty of manslaughter, and
was duly sentenced to imprisonment,
and therefore could not be placed twice
ia jeopardy. The State demurred, al
leging that the petition did not state
facts sufficient 10 constitute plea In
bar. The jury was sworn TO say whether
the plea in bar in the case of Ohio vs..
William Wilson are trne or untrue.
J. w. Holingswortb, representing
attorney, testified as TO the genuiness
Of the original indictment. Deputy
Clerk Emerson was called and testified
as TO the records Of the former trial.
The point was argued by Shay and
Weems, then submitted 10 the jury.
The jury was out about ten minues and
returned a verdict that the plea in bar
was not true.
The Jury, which was first called, were
sworn TO testify as to their Qualitica-
tiOns to serve as jurors. The defense
challenged Jurors George Caldwell and
Samuel Wilson for cause, but was over
ruled by the Court The jury chosen
is above the average in appearance.
Their names are as follows: Jonah
Jones, Louis McKelvey, George Barnes,
George Green, ST., Charles Minamyer,
Samuel Hilles, A. w. Burkhart, Joseph
Taggart, Alfred O'Nie, George Cald-
well, d. Pickering, William English, a.
O. Wilson, Wilson McKelvey. Thirty
two witnesses were called and sworn
for the State. No testimony was given
until after dinner.
At the afternoon session c. L. Weems
opened the case for the State, and Hon.
L. Daniord briefly stated the defense.
Abram Lash, Civil Engineer of Mar
tins Ferry, was the first witness called,
exhibiting a survey Of the grounds
where the homicide occurred. DR.. j. M.
Blackford testified as to having attend
ed to Murphy after he was shot, and
assisting in the post norton; testifylng
that the bullet entered between the
third aud fourth ribs, and passing out
through the eighth rib, the exit being
about four inches below the entrance.
Marshal Samuel Westwood was the
first witness in proper. In MS direct
examination by Attorney Holdings
worth, his testimony did not materially
differ from that given in the first trial.
The suit of clothes worn by officer
Murphy when he was shot, and also the
hat worn by Marshal Westwood, and
through the brim of which IL is claimed
Wilson shot, were here offered in evil
dence, and the same were identified by
Marshal WeStwood. These articles
we're not in evidence in the first trial.
The direct examination Of Westwood
lasted fully an hour. lie was then sub
jected to strict CrOSS-eXamination by
Capt. Danford, lasting forty-fve minutes.
The Captain endeavOred to show that
Wilson was needlessly shot at and cru
ELY beaten by the police officers, the
majority OF which were at that time in
citizens clothes.
w. X. Bowman was next called. He
produced nothing new in his testimony,
being principally the same as was given
in the former trial, The strength OF
his testimony was, perhaps, weakened
some on crosS-examination.
John A. Moore testified that he was
a special police off Ger on the day of the
homicide, and that he was present at
the time of the shooting, and that he
assisted in arresting Wilson. He said
that he caught Wilson by the collar as
he (WllsOn) was climbing up into the
show cOmpany's car, and that Wilson
shouted; Fer Gods sake take me In;
l have done nothing" He was cross
examined by Attorney Shay; nothing
new developed.
c. c. Cochran, in his direct eXamina-
ton, recited a very pleasing story of
the homicide. 10 was indeed very en-
pertaining, intensely interesting, highly
dramatic, aud at times almost bordering
on tragedy. His rendition was superb,
and was listened TO with marked atten-
tiOn, both by the jury and the entire
audience. But the interest aroused
subsidized somewhat before Capt. Dan
ford completed his brief cross-examina-
tion. No particular or new fact was
brought to light.
Court adjourned to meet again last
evening at .. m, when the taking Of
testimony was resumed.
The large and comodious Court room
was well filled all day. The interest
man e ted was marked. The prisoner
shows q marked interest in all the pro-