The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-11-11
ARGUMENTS RESUMED
Yesterday Morning by Mr.. Alex.
Ewing and Captain Dovener.

yesterday Morning by Mr.. j, Alex.
Ewing and Captain Dovener.
Yesterday morning at o'clock, the
circuit court at MoundsvllIe convened
promptly. The jury, which had in Its
hands the fate Of the prisoner Edward
Jones, filed into the court room and
took their seats. They looked tired
and careworn, after having doubtless
spent a sleepless night together Their
appearance and the set, determined
look on their faces, showed very clear
~ to n close observer that they realized
the grave responsibility that rested up
on them.
Mr.. ]. A. Ewing at once resumed his
argument to the jury for the defense.
Referring TO Prosecuting Attorney
Parsons address, he said; ~ understand
that he said to you yesterday In his
closing remarks. II you don't find this
prisoner guilty OF murder. clear him. II
he said that, he did not do the duty OF
n state officer"
He then proceeded to read the law
previously read to the jury by the pros
ecuting attorney and claimed that there
lhad not been enough OF It read and
that II did not mean what they said 1t
did, Law was also read to show that
sufficient inducements had been held
out to the boy to have him confess to
something possibly never committed
bV him. Here he spoke of the uncer-
tainty Of the age of the prisoner. The
prosecution had attempted to prove him
sixteen, but they had failed.
Captain Dovener, picking up
"world Almanac" said:
Here II ls
Yes said Mr.. Ewing YOU have some
almanac story Matched up don't know
what II Is. but know there IS nothing
IN it
ut Is your duty to read It," replied
Captain Dovener
Continuing, Mr.. Ewing called the at
tentlon of the jury to the appearance
OF the prisoner, stating that II was cas-
fly seen from his defective head that
ne IA not to be held responsible for hts
ncts.A sensible dog would not return
TO view the the carcass the next day
after the deed had been committed. as
the prisoner at the bar had done. Here
reference was made to the necessity Of
putting the bog In the penitentiary for
his protection from the ravlng mob. He
said:
Taking the testimony Of Mrs. Ma
son. YOU could not convict that boy.
Her evidence alone would clear him,
The only part OF her testimony that
pointed to any one as the guilty party
was what she heard little Willie say
about the "old man killing them"
Here he reviewed the evidence Of Ell
Rum. He showed that his evidence
was not to he considered. considering
all the circumstances.
HE seemed very anxious TO find out
something against that bog He was
Just dying to tell something wonderful
when ne got on that witness stand"
THE DEATH PENALTY.
After reviewing the evidence of the
witnesses. he said: After nil the evil
dence that has been given in favor Of
this prisonerand after all the varlances
in che evidence for the prosecution the
prosecuting attorney con stand before
you and say that You must find this
prlsoner guilty Of murder IN the first
degree, with the death penalty attach.
ed. MAY the Lord God have mercy on
Buch mani
"What was that ax and ropc brought
into this court room for? There was
not bit OF evidence brought to show
IflHL lNNg HINl'N az fNh l'Np''N w wv
murder ot Stanley Mason"
Hero he laid down the law concern
ing the nge Of liability; that under sew
en- years Of age thc person N not ro-
Hponslblc and that between seven and
fourteen they nre presumed not TO be
guilty. And this boy was clearly pro-
Won to be only thirteen years Of age.
Ilo In therefore, presumed not to be
guilty
Hero tho mother Of the murdered
boy and his sisters broke down bud
wept bitterly
"whcn Captain Dovcnor nets mp be-
fore you aud storms the castle and
points his finger ana reads the law and
tries to make you believe that the
country win bO ruined unless you get
the lie NJ that boy remember that all
YOU have 10 do VIII bc 10 take the owl
dcnco YOU believe and go 10 tho iury
room aud bring bnolt ouch q verdict nR
you think N FiEht"
Here he made strong plcn FOR che
hoy on account N his poverty lrnor-
anco and mental condition, closing tho
pon by looking UP toward heaven mud
saving!
MY Godl In that Tho kind of vor-
diet wo nrc 10 oxpcct2 can any Jury
IN the land consent to tho hanging ~
such boy ~ ihni2"
Referring 20 the evidence OF Burnley