Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-08-09

me to explain to va further that
crimes under our Aws are divided
into two general Classes, known as
felonies and misdefpeanors. Felonies
are those crimes punishable by death
or confinement in the'penitentiary; all
Others are misdemeanOrs. These are
further classified under different
heads, and first among these are the
ofenses against the person; and the
first and highest Offense against the
person is that Of murder which is any
''willful, deliberate and premeditated
killing OF human beingN
II viii not be necessary for me to-
day, gentlemen, to so any further into
the details of the various OffenseS
against the person. There viii be evil
dence before YOU OF the killing OF one
of your citizens in your county, and
should this evidence be sufficient 10
make a prima facia case OF 'WllIui,
deliberate and premeditated killing,
what l mean by that is. should 1t sum
Client of itself to show such killing
without explanation by the accused,
then you should find an indictment Tor
murder. if the evidence also discloses
who did the killing. But this must
only appear from the evidence intro
duced BY the state. The accused Will
not introduce any evidence before YOU
and YOU are not to consider the pleas
or evidence Of the defendant. IL woulu
be highly improper and .unlawtul lot
the accused TO be heard or his evidence
considered in the grand jury room.
The grand jury is not the forum
in which the trial is 20 take place
nor Is il the tribunal to hear and de-
termine his guilt or his innocence.
All YOU have to do is to determine
whether or not the State has sufficient
evidence 10 Justify a further invesu-
cation of the matters charged against
the accused, by a trial in this court,
and If 50. then it is your plain ana
simple duty TO return true bill and
this duty you cannot escape OF evade
under the very solemn Oaths you
have taken. / beg to remind You
of that oath under which you have
solenmly declared that you would
present no person through malaee,
hatred, or in-will," and as you have
equally as solemnly declared that you
would not "leave any unpresented
through fear, favor, partiality or af-
lection" By this solemn oath you
are forbidden the consideration OF
friend or foe; you are not to consid-
er or be influenced by anything that
the friends of the accused may have
laid in his behalf or that his enemies
have said against him, but utterly dis
regarding every other influence, speak
and act alone under your oath upon
the testimony you shall hear in the
grand jury room.
But returning a true bill of indict-
ment you do not say that the accused
is guilty Of any OHense; you simply
say that the State has evidence sutfi-
Cient to warrant a legal inyestiga-
ton. in this court. Of the charges
against him. In fact, an Indictment
found by you is no Evidence Of the
guilt Of the accused cd wiz not be
so considered, but he yill stand be-
fore the law with every presumption
in favor Of his innocence until the
State has established his guilt, by
evidence beyond reasonable doubt
] say this 10 you 10 show that you are
not to pass upon the guilt or innocence
OF the accused, but simply 10 set on
foot an investigation, which will as
certain the fact Of his guilt or innO-
cence. Surely you owe it to the State
and to the accused as well 70 start
such an investigation to the end that
his guilt may be 1scertained or his
innocence establish
You are simplS6 accusing body, :
I'D - hSef6lnJd by