Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1895-04-14


oners. Two shots had been fired, and
two of the holster pistols were found
to be unloaded; besides, wad picked
up at the scene of the murder, exactly
fitted the pistols, which We're all OF the
same foreign pattern. Moreover,
bullet of the same guage was extract
ed from the body of the dead man; and
this, together with the daWning evil
dence Of the land warrant, found in
one of the holsters, and known to have
been upon the person OF hinton,
brought conviction TO almost every
mind Of the guilt Of the prisoners.
The able attorney, in closing his re-
marks for the prosecution, stated that
in his long practice, he had never be-
fore had a case Of so much importance,
that really proved itself, and needed
no argument; and that for his part he
would be perfectly willing to submit
the case to the jury without a word OF
comment
Colonel Donovan for the defense did
not try to disprOve the testimony al
ready detailed: he admitted that 1t
was true. as mere facts disconnected
from the prisoners. The prisoners
Horses were ridden by the murders;
their pistols had been used to commit
the crime: but some other persons, not
they, had killed Hinton. He reviewed
in detail the testimony OF Luttrell and
his wife, repeating every word and
describing every act Of the prisoners;
from their first appearance in the
neighborhood, up to the time Oh their
arrest.
But here be was interrupted by the
states attorney, who stated that there
was one fatal omission; and that was
the time which had elapsed between
8 o'clock at night-the time at which
the strangers had retired to rest IN
the cabin; which was nearer the sta
bic and the road than was Luttrell S
house-and the hour Of o'clock IN
the morning, when Luttrell had awak-
ened them for the chase. Here We're
eight hours when the strangers were
unobseryed by any one, and no doubt
this was the time within which the
murder had been committed. Luttrell
admitted on the witness stand that ms
guests might have taken out their
horses. and ridden down the road In
the night. without his knowledge
But the prosecutor neglected to add
that Luttrell, on leaving the stand,
had volunteered the statement that
he did not think they did"
Colonel Donovan then resumed: He
referred to the fact that not one cent
Of money, or one article known to
have belonged to Hinton, was found on
the person Of the prisoners; only the
land warrant belonging to himself, and
which had been placed in the holster
by the unknown murderer's with the
deep design of throwing suspicion on
his innocent clients. For the same
subtle DurDCse the horses had been
used by the murderers and then re-
turned to their stable in the dead hour
of the night, so that in the morning
light the trail might lead directly to
these defenseless strangers. Where,
then. are the murderers? God only
knows! they are not here"
At this point he was interrupted
again by the states attorney, who said:
! He thought they were here, and pref
ty safely here!"
BY this remark Colonel Donovan ap-
reared to be much disturbed, and it
was with strong emotion he said:
''Tbe lips of the accused are sealed ;
they cannot speak for themselves.
| Then pointing to Trelawney, he con-
| tinued: But there is a language OF
nature. written in the human counte-
nance. more powerful than spoken
words. and the hand immortal never
traced 'cowardly crime on the bold
features of that man"
Donovan paused, trembling with
excitement; then he wiped his moist
brow and went on:
"The fiippant remarks OF the attor-
ney for the prosecution are unfortu-
nately not characteristic of himself
alone. but of his class. Prosecutors
feel called upon to convict. Yet why
| should this be so? Why should the
shield of the law be removed from the
| breasts Of defenseless strangers, and
the sharp spear Of the law be turned
against them? Trelawney and his
companion are here in the tolls OF
the law. friendless and alone. But |
| can recall one Of that name, who IN
/ the old time had better following;
and I am also reminded by The song,
and the old refrain:
"And shall Trelawncv die?
Here's twenty thousand Cornish men
Will know the reason why
Men love power and are swayed and
moved by it's influence, as the winds
! move the waves of the sea. Had my
unfortunate friend such following
| as the Trelawney of the song, this
States attorney would be peradven-
| tlIre. as obseuuious in his being as he
! is now insolent and Incorporate in his
| language towards him. There has not
bean developed on this trial one scin-
| tilla of testimony except circumstan-
tial evidence. which is entirely Unsup-
Dorted by direct testimony. You have
! heard many cases cited which have
been decided upon circumstantial evil
dence alone. You have heard that IN
] these cases. it was afterwards proven
| that the juries had been mistaken, and
| that the courts had been mistaken, and
| that irreparable wrong had been per-
petrated against innocent men. DO
circumstances speak so loud and so
sura in this case that You cannot be
mistaken? Are you prepared on such
evidence to condemn these prisoners
to death? To take away the vital
shark: it is so quickly done; it is so
easily done; yet when it is done. de-
spite the skill Of mortal surgery, it is
forever done! The States attorney
saws the murder of Richard Hinton
must be avenged. These prisoners are
strangers and friendless; it is always
safe TO condemn to death the stranger
and the friendless; for after their
death there will be none to remember
tboir wrongs; they will be forgotten.
Bu+ NAV God forget me- when / need