The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-11-11
CAPTAIN DovENER
Concludes the Arguments in the Case
An Eloquent Appeal.

An Eloquent Appeal
Captain Dovener, for the state, follow
ed Mr. Ewing, and made mastery and
eloquent appeal for the conviction of the
prisoner Said Captain Dovener:
You have listened for over four hours
to the attorneys for the defense in behalf
of the prisoner at the bar. / have no
criticism TO offer, II Is right that they
should use all the testimony that they
can turn to the advantage OF their case,
but will show you how their case will
fall to the ground"
Proceeding, the captain reviewed the
case, The other side has said that there
is an alibi, a proposition that is not at
all reasonable The Brown case, cited
by the defense, was spoken OF by the
speaker, and 1t was shown there Is no
connection of circumstances between
that case and this. He would not talk
of this alibi at length because the facts
brought out at this trial are more elo-
quept than mere speech,
Speaking OF a conviction by the jury
the speaker brought up the reasonable
doubt Of the law, which he explained, Is
lust what 1t says. A doubt Is reasonable
in law that you would consider of mo-
ment In your own business,
The confession was here taken up by
the captain, who made the claim that
Jones confession Is reasonable, true and
entitled to the consideration OF the jury.
Authorities were quoted by the speaker
in support of his claim along this line.
Captain Dovener claimed II he were a
Juror he could give verdict II there
were no cOnfession-there Is enough cir
cumstantial evidence to convict, There
is no lack OF evidence to show there was
no fear to induce that confession.
Referring to the DR., williamson testi-
mony, Captain Dovener said the witness
had confessed because he wanted to tell
the truth. The speaker was here inter-
rupted by Mr. Ewing, who called for the
topographic transcript of the testimony
to show the speaker was misstatinS DR..
Williamson's evidence.
Judge Paull-The jury will remember
ANOTHER INTERRUPTION.
Speaking OF the knives brought out In
the course of the evidence. the captain
was again interrupted by Mr.. Ewing,
and again the proof of the stenographic
transcript OF the testimony was invoked.
Referring TO the testimony Of Deputy
Sheriff Cunningham, the speaker claim
ed he had shown that Jones was guilty
by circumstantial evidence. Time, mo-
tive acts, opportunity all point to the
guilt of one person-the boy, Jones. AS
to the prisoners color, the appeal by the
boys counsel Is an insult to the boys
color, to the jury's integrity, Intelligence
and honesty II Is an unworthy appeal
on behalf of the prisoner There Is not
the least foundation for the talk about
prejudice In this case on account of the
boys color. The evidence is before the
Jury, arguments have been made and
when you announce your verdict 1t IL
the evidence In the case summed up
arising to the dignity Of conviction.
You, referring to the jury, do not make
him guilty; 1t Is the evidence. Even II
you mistake the evidence, the judge on
the bench and the states executive elem
ency stand between the prisoner and I'M
just punishment.
The speaker claimed the boys an
nouncement, by God, I'll kill Them"
was evidence OF generalization. There
was no doubt of the mental capacity of
the prisoner and he is either guilty OF
first degree murder or not guilty. II
you believe the evidence introduced here
verdict of guilty Is all that can be
given. Efforts OF the other side to place
undue responsibility on the jury in con-
victing the boy were laughed at. 1t Is
not the jury's act, It Is the evidence they
have heard-eummed up by the jury.
Taking up the circumstantlal evidence
the captain brought out the New York
World Almanac. The boys mother SAID
on the stand that her boy was born on
the Lords day. An examination of the
almanac showed young Jones was born
in 1883, and was more than fourteen
years Of age. Mrs. Helms testimony
corroborated this, The speaker had
dltied the boys mother, but the truth
had to be told and she had told II, though
at fearful cost Proceeding, the captain
demonstrated the use of the perpetual
calendar by which it had been shown
Jones was fourteen years OF age when he
committed the assault on the Mason
boys. Figures won't lie. Then. Just
take q look at that boy and you'll see
clear enough he's over fourteen.
FERMENTATION CLAIMED.
His age is further shown by his care
ful, delberatlve, premeditated manner
Tn the murder OF Stanley Mason. TAX
ing up the switch and stub, the captain
insisted they were from the same tree.
Whether the confession Is believed or
not. It is true he switched Stanley Mason.
The marks on the boys body showed he
whipped Stanley JustAas he confessed,
That part Of the confession cannot be
held an untruth. 1t Is supported by un-
Improbable evidence. Further, the con-
fesslon tells where the switch came from,
and officer Evans investigation showed
this portion OF the cohesion was true.
At this point the switch and stub were
shown to the jury which was asked 70
notice how Enthusiastically It was shown
the two we're from the same little willow
tree. Nature has responded and fur
nlshed the evidence to show thou (point-
ing to young Joncs) art the man of guilt.
This confession has been verified by
independent evidence and even II II
were forced from the boys lips, the jury
is compelled by law and reason 10 believe
the confession.
The captain became eloquent in de-
scrihIng the leave taking Of the Mason
boys and their mother and her return TO