Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-11-05

BenwOOd Notes.
The jury at Moun6sville yesterday morn
ing brought in a verdict of involuntary
manslaughter against Fred Stack Of Ben
wood. The penalty will be fine not ex-
ceeding $500 and a Jail sentence of not over
year. or both. 1t is the opinion in Ben
wood that Stack would have Jared better
if he had acknowledged killing Pearl and
put up plea of self defense, but
this opinion was not shared in by Stack
attorney. as the court decided that there
was no self-defense in the case, and so
instructed the jury. Stacks conviction
was caused not only by the testimony OF
Ernest and the crowd in the wagon, but
by the testimony of his nephew and friends
who were in the crowd The State used
several of Stacks friends as witnesses
to show that they were either disabled or
not engaged in the fight, and that Stack
was the only one who could have done the
cutting Walter Gurzman, Stacks neph-
ew, was also a witness for the State and
gave damaging testimony about Stack
having a knife. The defense tried to i'm
press upon the jury the idea that Gurz-
man was actuated only by desire to save
himself, as members of Stacks family
testified that Gurzman had "a revolver
and couple of knives in his possession,
and after he had been released from Jail
had hid the knives under dresser in
Stacks house.
Stacks attorneys, Col. w. w. Arnett
and Josiah Sinclair, will argue for a new
trial at eight o'clock this morning. Col.
Arnett stated last night that he had learn
ed that on the first vote the jury stood
four for involuntary manslaughter and
eight for acquittal of the charge of muir
der in the first degree. The jury after
wards divided, six voting for acquttal and
six for involuntary manslaughter. The
six for acquittal were finally switched
around for an involuntary manslaughter
verdict. Col. Arnett made the statement
that the members of the jury had asked
that in fixing the penalty that the Court
impose no Jail sentence on Stack, but
make it only a fine.
The hearing of Frank Davis and John
Snyder, the two tramps charged with
holding up j. NJ. Kincaid and John Weld
man, below Benwood Junction Wednesday
night, will be given a hearing this after
noon before Squire Lacey. The men adj
nit being with the crowd that attacked
Kincaid and Weidman, but claim that
they were the first ones attacked. The
party who did the shooting has not been
caught. Kincaid is not seriously injured,
and was able to be out yesterday and went
to Benwood to make information against
Davis and Snyder.
An infant child of VIM. Pearl, of Ben
wood Junction, died yesterday morning.
The military drama, Lights and Shad-
ows of the Great Rebellion will be rem
dered at the old NJ. E. church this even
ing by the G. A. r. post of Sherrard. This
play has been given a number of times at
Sherrard ard has drawn large audiences
each time. The proceeds Saturday night
will be given for the benefit of the NJ. f.
church.
Prof. Zera, a magician, will give an ex-
hbiton at the City Hall Saturday night.
Miss Nettie Whitesides gave a Hallow
E en- party last Monday evening.
Misses Stella and Alice Fox, of Water
street, entertained a number of their
friends Monday evening.
Special services will be held by the Ep-
worth League at the M. E. church next
Friday. Services will be held from to
in the morning and from u to 1870 at
noon.
Mrs. Richard Watson has returned from
a visit at Newark, Ohio.
Patrick Havey and wife have returned
from Proctor, where they visited rela-
tives.
W. c. Burris, a druggist from Dillon
vale, Ohio, is making arrangements to
open up a pharmacy in the Emergency
Hospital Building.
Misses Minnie and Maggie Huff of Pitts
burg, have returned home after a visit
here.
The Hope Society will give comedy,
THE Union School District at the NJ.
E. church. some time during December.
The sporting proclivities of well known
young Republican busin SIS man is the sub
ject of conversatio about town. He pick
ed out Seth Low as a sure winner in
New York. and made several demonstra-
tive bluffs to wager money on his candi-
date. His offer was taken up, but he
craw-fished and demanded odds of four
to one. The money was forthcoming. but
he backed down deliberately, and, in
sporting parlance, "squealed' This is
not the first time however.