Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1896-08-28
TlB VGail8rlOItZ Trial.

TlH WGall0PnOllZ TRIAL.
The result of the trial iD the Weather
,, iholiz case has aroused the indign alton o.
the people of this county. A most fou
and brutal murder had been committed
: On ths morning OF Feb. 4th, young
woman accompanied by her little boy wal
going out to milk. An assassin was con
ceaIed in shed from the window Of
s which he watched her as she slowly ap'
pro ached him. She vas joyfuly singing
beautiful tune. In a moment that
young life was crushed out. The az
sassin did DIS horrible work. Her hus'
band is &C cused Of the horrible crime.
For FIVE months he is a fugitive from
Justice, but while under the influence OF
wblskey is captured and placed in the
county Jail The Commonwealth At
torney, with interchangeable energy, col
lects every particle Of evidence that would
throw light upon the subject, and weaves
cham, Of ciroumstantial evidence
from which not single link is missing
and connects every circumstance, by his
clear and logical argument that, even to
throw out of the case the full and quasi
confessions of the prisoner, fully oonvinc-
ed almost, If not quite, every one within
reach of his voice of the guilt Of the &C
cused. The introduction by the defense
Bill Owens of Hardy who swore that
Weatherholtz was at his house at the
time of murder did not create even a
doubt in the mind OF any one. He was
fatty cOntrsdioted by a number Of re-
spectacle witnesses and bis reputation
was proved to be so bad that he could not
be believed upsn oath. The jury were
evidently cOnyinced of the guilt of the
prisoner or they would not have rendered
a verdict OF guilty OF murder in the sec
ond degree, and ascertalned his punish
ment at eighteen years IN the penitent-
lary. The jury was composed of honsst
and more than ordinarily intelligent
gentlemen, but they made mistake IN
Judgment. Their verdict II equivalent
to a final discharge OF the prisoner and
this awful crime goes unpunished. in the
county of Shenandoah. His own counsel
would not ask for new trial, though 1t
was evident that their application would
be granted and that the effect would be
the discharge of their client. The court,
however, unwilling to pass sentence upon
prisoner, for = crime Of which the law
aud the evidence did not convict him,
upon his own motion, promptly set the
verdict aside and ordered a new trial. As
a matter OF precautiOn the prisoner, on
Thursday evening, was removed to the
Jail of Frederick county. The action Was
taken noAe to soon, for the enragsd clti-
Esns Of this county were prepared to
uvenRe the death of Mrs. Minnie Wealth
erholtz. verdiots, OF this kind, encSur-
age lynch Law which. we all know,
threatens the lives Of the innocent a.
we'll as tho guilty, Whenever the pub |
lie are folly convinced that our courts
will not punish crime, there will be Suoh
an uprising of the people that no power
can control. We publish 10 full the &C
ton Of His honor, Judge Z. d. Newman,
in setting aside the verdict.
~
ASIDE VERDICT OF jury.
Commonwealth Of J'hyinid Is. Elmer 4
WediherhOlis.
You, Elmer A. WeatherhOltz have been |
put upon your trial for murder, the jury |
have found by their verdict that you are
not guilty of murder IN the 6rst degree.
This was their province and their duty, |
provided they entertained reasonable |
doubt rs to yenr guilt on that portion OF
the charge, as given them by the court. |
Though the court differs from the jury |
in the conclusion to which they arrived |
on the question of your being guilty Of
murder in the first degree). You, there
fore, stand acquitted OF the charge OF
murder 10 the first degree.
II murder was committed, every particle
of evidence introduced and every circum-
stance in the case shows that it was com.
mitted by some one "by lying in walt"
There is the absence of the slightest sus
pcion that murder was committed in this
case, except by some one Lying in walt"
with intent to commit the deed. Section |
1862, V. G. 1857. says in specific terms
that "murder by lying in wait is murder
{. y In,
case, however, have gone further, and by |
their verdict have found you gnilty OF |
murder in the second degree, add have
fixed your punishment at tbs ssyereSt |
term in their power for murder in the sec |
ond degree, viz: eighteen years in the |
pententiary.
As stated above there is not in this
case a scintilla of evidence tending, even |
in the slightest degree, to create the
slightest impression or suspicion Of guilt |
Of murder ia the second degree against
you or against any other person.
The most exhaustive search for evil
dsnce. and preparation for trial known to
the history of criminals IN this county,
vas made ia this Gaze by the attorney |
for the commonwealth The able defence
brought out all the evidence that 1t was
possible to find on that side, and II thcre
bad been such crime as murder in the
second degree committed, some evidence
tending, if even remotely. to point to-
ward faint suspicion Of the commission
of such crime would have been found
Therefore, haylng been acquitted OF
crime of which the court believes you to
be guilty, (nurder in the first degree)
you have been by the inry found guilty
of a crime OF which you are manifestiy
not guilty, (murder in the second degree
This court Is sworn to enforce the laws
OF this Common wealth inpartially, and
without fear or favor, ard every
prisoner brought before 1t for trial, ia
matter of life or liberty, is under the pro-
lection Of this court.
The court IS called upon to pass SEN
tence upon you, and thereby render itself
party to the enforcement OF y verdict
that declares you to be guilty Of al Of
fence (nurder IN the second degreo) IS to
Which, viewed in the light of the evil
dencs introduced 10 the case. 1t would
have been as reasonable for the jury to
have found the court entity az ID have