The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-12-06
Special Dispatch to the Intelligoncer

Special Dispatch to the lntelligencer'
PARSONS, Dec. 5.-In view OF the
effort on the part OF some papers TO
make it appear that politIcalp rejudlce
plays u part in the prosecution OF
Colonel Eastman, It may be interesting
to state that the petit jury which is
now trying him is composed of seven
Democrats and five Republicans; the
grand jury that indicted him stood nine
Democrats and seven Republicans, and
the counsel who are prosecuting him
stand five Democrats and three Repub-
licans; and a Democratic supreme court
passed upon the proceedings and re.
fused to prohibit them.
Apropos OF the prohibition proceed
ings, Hon. John ]. Davis and Hon.
Wood Daily, both Democrats had n
lively tilt In the trial Of this case, Mr..
Daily, of counsel for Eastham INDUCED
in some comments upon the opinion of
Judge Brannon In that matter, saying
that some portions of that opinion were
imbecie instead of judicial, and that u
child would know better,
Mr.. Davis, of counsel for the state, in
reply said this was not the time nor
the place to discuss the relative mer-
its of the two opinions delivered in that
proceeding, and the occasion did not
call for any defense, at his hands, of
Judge Brannon; but he would say that
the reputation OF Judge Brannon for
learning and ability, and the clear and
lucid statement of the law in his opin-
ion added additional lustre to his rep
utation as jurist. which would not
suffer in the estimation of the profess
sion by comparison with that Of the
judge who, in u somewhat nervous and
sensational opinion, differed from him
That Judge Brannon could let the two
opinions go down In the judicial history
OF this state with the perfect assur-
ance that the impartial judgment of the
bar would approve and confirm his con-
cluslons.
The Eastman case. so far as 1t has
gone, discloses that the defense Will not
rely solely on the plea OF justiflable
homicide, but will avail themselves Of
every possible defense,
Their cross-eXamnation indicates
that they will attempt to show that
ThOmpson's wounds We're not necessa-
rlly fatal, but that his death was due to
his rough ride from here to the Cumber-
land hospital. and the operation he un-
derwent at that place. And 1t is alto
gether likely, Judging from the tenor OF
their questioning, that they VIII raise
the question Of jurisdiction, Thompson
having died in Maryland
Politics are never hunted at In the
trial, and nobody in Parsons ever at
tached any political significance to the
case. Such n thing is never heard OF
except away from Tucker county.
Attorneys Dayton, Davis and Howard
alternately examine the witnesses in
chief, while lawyers Mccormick, Mof-
fatr, Daily. Reynolds and Arnett have
each taken turn at cross s-examiRatEoR.
Mrs. Eastman and sister Of the pris-
oner appeared In court for the first time
yesterday, and took seats directly back
Of the defendant and his counsel. Their
appearance was the occasion Of war
of words between Messrs. Dayton and
Mccormick, the former insisting that II
she was to testify she should be eN-
cluded like the other witnesses, and the
latter contending that she ought to re-
main. Judge Holt permitted her TO
stay.
The state continued yesterday to
prove the alleged threats Of Eastman
against the Thompsons with fnonoto-
nous regularity. More than half n
dozen witnesses testified 10 dlreful
threats made at different times and in
diversified ways. Ella Wilson, Il pretty
miss OF seventeen summers, created a
sensation by swearing that Eastman
told her in the Jail that he was not sorry
he killed Frank Thompson, that he al
ways intended to Kill him some time,
and he was not sorry II was over.
A tIngc OF sadness was given the pro-
ceedings the lattcr part of last week
by the death, at her home in Preston
county, OF Mrs. Conley mother of the
young states attorney who Is ut the
head Of this prosecution. Upon receipt
Of the news Mi Conley started at once
for the scene OF sorrow. lie will return
in time for court tomorrow.
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