The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1895-03-27
MANsLAUGHTER.
t Verdict Returned in the John Un-
derMOOd Case.

ueIhOOu OuSes
Roseville CO.l Independent.
1t was with eager, expectant faces
that large crowd was gathered in
the court room Saturday morning
to hear the verdict in the Under
wood case.
The jury agreed at m They
refuse TO say anything about the
way in which they arrived at a YER
diet, but rumors in regard to such
things, will get cut, and we are safe
in saying that the majority of the
jurors were for the verdict as
reached on the start but that there
were two in favor of acquittaI and
three for second degree.
Underwood was given in charge
of the Sheriff and remanded to Jail.
As was expected. upon motion of
the Prosecutor, the indictment
against Frank Underwood was mol.
lied
At 1890 Underwood was again
brought Into court for sentence.
MIR Ferguson said: John Under
wood has been found guilty of man
slaughter, while we know that he
was innocent. These twelve men
did what they believed to be right.
L submit, and John Underwood
submits, to the verdict OF the jury.
We have only commepdation Tor
Court and jury. We ask the Court
10 be as lenient as possible.
The Court ordered defendant to
stand up In the case of the State
OF Ohio against John Underwood,
indicted for murder in the first de
gree, you have been found guilty of
manslaughter You have been ably
defended L never knew Of case
that was conducted on the part of
defense more zeaIously, with more
energy, ability aud merit. On the
other hand the State has been rep
resented we'll. The attorneys have
conducted the case nobly, with great
energy and severity. Especially do
l commend the young prosecutor of
Perry county. The Court does not
fully concur in The verdict of the
jury. If the Court thought that the
jury was in any way Influenced or
intimidated by report, | would set
aside the verdict. A mere differ
ence of opinion, however, is not suf-
ficient to set it aside. L am glad to
commend the people of Perry county
as being above the average in intel,
ligenee, and for their great respect
for law, order and justice.
"All 1 know of you John Under
wood, and of Koon, is what l have
learned from the witness stand, and
1 say to you, regardless of opinion,
that L regret the finding of the jury.
[ am forced to the belief that the
deceased bad no purpose to arrest
you. You had talked with him and
he said al don't care if you have a
knife and four or five revolvers. 5"
1t was his duty to legally arrest you
then and there for carrying con
cealed weapons, but be didn't do it.
am satisfied you made some re
mark that augered him, and he pur-
sued you with intent to assault you
| believe that you fired the first shot
bat that the marshal was also ready
for mortal combat. If you had
been wholly free from blame, and
not in an intoxicated condition, this
would have been otherwise. 1t has
been my honor, or my misfortune
to have served eight years as mayor
of Lancaster, and it has been my
observation that men invested with
brief and petty authority of police
men, were with one or two cxcep-
tions all of a vicious nature, and
believe they would drive people
from the streets as they would cattle.
l commend the sheriff of Perry
county. He is an honor to the
county.
The difference, John Underwood,
between the Court and jury is just
this. I would not have found you
guilty, but that is matter of opin-
ion. The Court believes Under
wood to be a brave man, and that
he acted wisely. The Court does
not concur with the jury, and he
does not care who knows it, for he
does not fear mobs or mob violence,
and he does not wish the aid of such
men.
81 am very sorry, John Under
wood, TO be obliged to sentence you,
but in five days the sheriff of Perry
county is instructed to convey you
to the Ohio penitentiary, there to
serve term of five years. You
may by good behavior gain two
years.
zone more thing | wish to say. |