Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-11-24

PARSONS, w. Nd., NOVtEiDel IT,. hC
legal battle for the liberty of Col. Robert
w. Eastman, charged with the murder
OF F. E. Thompson, on the 18th OF
March, Of this year, was renewed to-
day. The little town is crowded with
strangers. About seventy witnesses
have been summoned, and the promi-
nence of the attorneys Engaged in the
case justifies the prediction that the
trial will be very interesting. 1t is ex-
pected that it will occupy fully two
weeks
Prosecuting Attorney W. G. Connolly
is assisted by Hon. John A. Howard,
of Wheeling; Congressman A. G. Day.
ton of Philippi; Hon. John ]. Davis, of
Clarksburg; A. B. Parsons, ]. P. Scott
and E. P. Durkin, of Parsons. The de-
Tense also presents an array of able
legal talent 1t includes Marshall Nc
Cormack and H. G. Moffat, of Virginia,
old acquaintance of the prisoner; Hon.
John T. McGraw, of Grafton; Hon. G.
Wood Daley, of Elkins; F. NJ. Rey-
nolds, of Keyser; w. B. Maxwell, of
Parsons, C. o. Strictly, of Davis.
The details of the shooting are famil-
lar to readers of the Register The
dead man was prominent in politics in
this section, an ardent Republican, and
a wealthy lumber lealer of Davis. East
ham is pioneer in Tucker county,
personally known to almost every man,
woman and child in it and adjoining
counties, and equally prominent as
Thompson in politics, but on the Oppo-
site side of the fence The shooting
took place on special excursion train
on the West Virginia Central railway.
At the next session of the Circuit
Court, the grand jury sat upon the
case and found an Indictment against
Eastman for involuntary manslaughter
The prosecuting attorney made a mo-
ton to nolle prosequi, upon which
Judge J. Homer Holt, who was upon the
bench, decided favorably. When the
business Of the court was concluded it
did not adjourn, but took a recess until
September, when the grand jury investi-
gated the case for the second time, and
after being in session for three days and
failing to agree was discharged. Judge
Holt then ordered a third grand jury
summoned Immediately, and after being
in session all day, the jury found an
Indictment for murder, reporting at
eleven o'clock at night.
= Counsel for the defense claimed that
Judge Holt not only exhibited too much
zeal in the prosecution of Eastman, but
that he actually exceeded his authority
that the prosecution became in fact
persecution. They carried the matter
to the State Supreme Court of Appeals,
making application for writ of prohi-
bition to restrain Judge Holt from pro-
ceeding further with the grand jury
The application was made and the writ
granted before the grand jury present.
ed it's report, but the matter was set
lOl az d lutuI6 udle. IL WAS
argued in Charles Town in September,
and the Supreme Court was divided on
the matter. Judge Holt, who favored
the granting of the writ, in his opinion
roundly scored Judge Holt for his posi-
ton throughout.
This is briefly the history of the case
counter charges, some of them Of
very ugly nature, and some alleging that
bitter partisan feeling underlies the
matter, but for the most part they are
merely assertions which, if true, have
not yet been publicly proven. Eastman
has remained in the Tucker county Jail
ever since his arrest, in spite of the
efforts to secure his release on BAIL,
There is every indication that every
step in the trial will be fought desper-
ately by the opposition counsel. When
court convened this morning the pris-
oner was brought in and the room was
crowded. Mr. Mccormack. of the at
eCIAtyS lOI Tie QtltLSt, OHclCU lNtlNb
pleas in abatement, and court was i'm
nediately adjourned until one o'clock
to enable attorneys for the State to ex-
anime the papers,
The points in the pleas were all COW
cred in the proceedings before the State
Supreme Court with the exception that
it was charged that Prosecuting Attor-
ney Connolly appeared before the grand
jury and influenced the jury in finding
the indictment against Eastman The
Supreme Court divided on the prohibit
ton matter, as stated above, and the
dissenting judges intimated that the
proper proceeding before that tribunal
would be writ of error. 1t was for
this reason that counsel for the defense
offered the pleas to-day. At the after
noon session of court Mr. Howard, for
the State, objected to the pleas, and
Judge Holt took the documents for ex-
animation, 4djourning court until to-
morrow morning.
The State gained point here, as the
prosecution did not want to argue the
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