Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-08-08
From a stan Correspondent.


found an indictment against Col. Robt.
W. Eastman for murder in the first de-
gree. This was the third grand jury
that considered the case, the first hav-
ing found an indictment for voluntary
manslaughter, and the second having
disagreed. Judge Holt delivered a
very drastic charge to the jury, which
attracted much attention. 1t is Sc
verely criticized by Eastham's friends
and warmly commended by others who
have heard it. In discharging the
Jury. Judge Holt took occasion to
thank them for their services, adding
that he was glad to find a Tucker
county grand jury that was sufficiently
honest and fearless to find a proper in
dictment.
Court adjourned this morning to
meet next Wednesday. when Eastman
will be arraigned on the Indictment
1t is not likely that his trial will pro-
ceed as Judge Dent, of the Supreme
Court. issued a writ of prohibition this
morning.
In some Of its aspects the Eastman
case is one Of the most remarkable in
the criminal annals of West Virginia
It has attracted general attention
throughout the State, and especially in
the Second Congressional district, be-
cause of the prominence of the parties
interested, the difficulty in securing an
indictment by the grand jury, and the
unusual array of legal talent both for
the prosecution and the defense. EV-
cry resident in Tue - county knew
both Thompson and ms slayer, either
personally or by reputation, and few
there are who have not formed strong
opinions as to the legal guilt or innO-
cence of Eastman. He is said to pos
sess the faculty of making either warm
friends, or bitter enemies, of all with
whom he is thrown in contact.
Eastham's connection with the Con-
federate army as a scout, in which ca
pacity he served the southern cause in
such a manner as TO gain the distinc-
zion Of mention in Col MOsby's book,
has enlisted many ex-COnfederate SOL
dierS in efforts in his behalf A camp
of Confederate veterans in Hampshire
county has a committee here, he2d6d
by George II. Johnson, who has been
a companion of Eastman IN many of
his adventures. He iS-connected by
ties of kindred witAseveral prominent
Virginia families, and they have sent
three attorneys here to assist in the
legal tight for his acquittal.
1t is Seldom that so many prominent
attorneys have been connected with
8 Iminal case in this State. w. G.
,-;Onley, the young prosecuting attorney
of Tucker county, is assisted by Hon.
John A. Howard, of Wheeling; Hon.
John j. Davis, of Clarksburg; Con-
gresham A. G.. Dayton, of Philippi,
and Col. A. B. Parsons, A. NJ. Cum
bingham. j. P. Scott, and ex-PrOsecut-
ing Attorney E. P. Durkin, of Parsons.
Lawyers of equal eminence are con-
Quoting the defense. They are Hon.
John T. McGraw, of Grafton; Hon. c.
Wood Daley. of Mineral county; Mar
shall Mccormick, Of Berryville. Va;
H. II. DOwney, of Front Royal, Va; H.
G.. Moffett, of Rapahannock, Va; W. b.
Maxwell. Howard j. Wagner, and c.
o. Stibey, of Tucker county; and f.
NJ Reynolds, Of Keyser.
The story of the crime for which
the effort is being made to convict
Eastman is familiar to every person in
this section. The feud between East
ham and Thompson dates back several
years. Eastman is one Of the pioneers
of Tucker county. He was of a row.
ing. adventurous disposition, and after
the close of the war, he started across
the mountains with a gun and two
dogs, and located near here. When
the railroad reached him, he took ad-
vantage of his familiarity with the
country, and by serving the new-com-
ers in different capacities, accumulat-
ed a modest sum. He is six feet tall,
straight as an arrow. and is described
as having a rough exterior but a warm
heart. His feats of bravery during the
war, told by himself. have been re-told
until they ell familiar TO the younger
generation. and ne is Familiarity known
by everybody as Colonel Bob"
Frank e Thompson was born in
Maine. was 50 years of age, and a grad
uate of Dartmouth College He was a
self-made man, and through his num-
erOuS investments and other enter
prises accumulated q fortune esti-
mated at a quarter of a million dol
lars. He was manager of the Black
water Boom and Lumber Company. of
Davis. Eastman claimed injury to his
property by water back over it by the
lumber cOmpanyS dams, and one dam
was blown up by dynamite. after
which Eastman was restrained from
further action by an injunction Sc
cured by Thompson. The two were
enemies from that time.
At the March term Of court, a pOpu-
lar young man Of Davis, a friend of
Eastman. was convicted Of baStardy.
and an unsuccessful effort was made to
place the crime upon an employee of
Thompson When the news of the
verdict reached Davis. Eastman and
others circulated a petition TO the court
asking Judge John II. Holt to set aside
the verdict. The sixty persons who
signed the petition were brought down
from Davis, and fired for contempt of
court In the evening a special train
was secured to convey the party home
from Parsons. Thompson got on the
train. for the purpose. so it is alleged.
to twit some of his friends for the
part they took in the transaction.
Eastman had announced publicly that
Thompson should not return on the
train, and when the two met in tie
aisle, Eastman slapped Thompson in
the face.
Thompson produced a revolver, and
Eastman also had a revolver in his coat
pocket. Seven shots were fired, but
Eastman did not take his weapon from
his pocket, shooting through the
clothes. This was on March 18th. 1897.
Thompson fired four of the shots, and
wounded Eastman, but not seriously.