The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-11-10

DIl0hlANl AtllNhlaNNA ~ lliAaNN AAA9 NNAAN3~
sion untrue? This is the important
question. 1t was held that the facts in
| this case show there was no induce
ment for the telling of anything but
| the truth.
At "A o'clock Mr. Parsons had COM
pleted reading from the authorities. He
then stated to the jury its duty, It Is
not the jurors duty what the punish
ment is The jury cdn say two things,
| FIRST, that Jones is guilty OF murder in
the first degree; second, n recommen-
dalton for Imprisonment can be added.
The protection OF the people of Mar
shall county against the weapon OF
the murderer is needed. With helpless
| children all over this county, how can
the jury decline to do its full duty in
this case? If It fails the Jurors cannot
complain when the murderer enters
their homes. This was objected to by
Mr.. Ewing. for the defense. Continuing,
Mr. Parsons hoped the jury would do
its duty to the people OF Marshall coun-
| ty and to Almighty God,
THE DEFENSE OPENS.
Mr.. Meighen opened for the defense.
He would endeavor to discharge his
duty fearlessly. He believed nothing
but a verdict OF not guilty could be
given. How could you permit q mere
boy after mere confession, TO be
punished? What about the circum-
stances surrounding this case? There
must be corpus deficit. OF this, there
is no question. That point is established
beyond doubt. II there We're not sus-
plclous circumstances IN connection
| with this boys confession there would
have been no question. This boy OF
poor and ignorant parents was hurried
here to Moundsville and after an In
vestlSatlon he was discharged. What
other circumstances or evidence have
been produced to indicate his guilt,
save and except this confession? He
would soon show what weight this con-
fession should carry. Without this con-
| fession there Is not an discriminating
bit of evidence.
Continuing, Mr.. Melghen introduced
| authorities in support of his position.
| In one case q confession was made, n
conviction followed, and the execution
was nearly at hand, when the suppos-,
ed murdered man returned alive. Other
confessions that were ultimately shown
TO be of no value were quoted by Mr..
Melghen.
He did not desire to reflect on the
conduct Of this case by the prosecution.
But the evidence shows number were
arrested. There was great excitement.
vet the man who ought to know more
OF this confession than any other,
Squire Edwards. was not called in the
case.
him?
MIR Meighen-It's not our place to
call him.
proceeding, Mr.. Meighen described
| the incidents OF the confession, with Its
alleged coercion and threats calculated
to weaken a weak mind such as Jones.
| But this IS the course pursued bg the
state and will be pursued by Captain
Dvener, VINO would follow him like a
cyclone"
He quoted decision already brought
In by Mr.. Parsons, In which II was
shown that the boy In the case was not
executed.
| CONFESSION WITHOUT WEIGHT
In continuing his argument MIR.
Melghen said he had IN abiding faith
that the jury would not allow the con-
fessIon to have weight in convicting the
boy Take the testimony of Mr.. Bur-
ley; he swore positively as to the knife
| and M n matter of fact the knife he
picked was the knife of Deputy Sheriff
Cunningham, n knife the boy had new
or seen, Mr.. Burnley also even swore az
TO the blood on this knife II Is shown
| tf 10. la mia hon nj uflCh
n matter. Burley had recognized
blood" on the knife. and Mr. Gun
bingham had testified that "tho blood"
was merely rust He knew the life Of
Stanley Mason was taken, but IT, had
been proved beyond doubt that the boy
had neither oc the two knives introduce
cd in the case Jones' brother had tcs-
tIaed To hayinu had the larger knife
several days before and after the mtir.
der was committed Another witness had
soon the older Jones boy using the
knife in cutting out the entralla OF a
rabbit. The rabbit story to account
for the blood on the knife" as II had
been called BY Captain Dovcncr had
been coroboratcd by three dlslniorcst-
cd witnesses.
The story OF young Jonca' father was
next taken up and MIR. MclghCn be-
Heyed the story az the father had cur.
Red conviction into the minds Of the
Jury,
The boy was In the nclghbhrhood Of
the scene of the crime. But when ait
the facts are taken into consideration,
there In little OF no plauslhlllty In the
nsscrtlon TINT the crime was committed
by Hd Jones. Tnklnk what was accom-
pllshcd on the bodies Of the two Ma.
ron boys there was no time for the
commission Of the crime Nv young
Jones. whose whereabouts that after
noon have been accounted for 10y Wit
ncsscy for the defense.
Mr.. MclgheR read the aocllou ot the
, Code Of Woat virginia, relative TO what
constitutes murder In the first aud SOC
ond degrees. The Jury can ind sew.
crni vrrdIets 90 find verdict for
nrsl degree murder u must be shown
he, committed the crime and was re-
Hponslhlc for H. Tho presumption Ia
that the hoy ~ mot crimiuntty liable,
and The burden NJ the evidence tests on
the state The ethi' must show wllful
prcmcdlaIInn No doubt Captain Dow
cncr win attempt 10 phow how ms WI
low switch VIII constitute material Tor
first degree intruder verdict but he
could not see how such u Wow could
BE- taken nv the jury The boy didn't
take n run or n revolver Even " hc
had tho knife exhibited IN this TRIAL II
haa been shown II was Zoo dun to cut q
rabbit 10 rldloulcd The view that the