Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-01-29
Special to the Register.

Special to the Register.
New Martinsville, w. Va, January
2S.-The trial of James B. Taylor for
murder, opened this morning. The
jury are: Samuel Morgan, w. b. Ben
nett, j. B. Shriyer, John Schupbach,
Charles Oblinger, }. X. Gorby, John
Frei, Oliver Bartrug, L. +. Cunning
ham, Isaac Johnson, Joseph Roberts
and J. II. Warrick. T. L. Robinson
presented the case in behalf of the
State. J. w. McIntire opened for the
defense. followed by T. p. Jacobs. NJ.
r. Norris closed the statement for the
State.
The prosecution in their statement
to the court and jury said in substance
the proof would show that the de-
fendant and deceased were neighbOrs
occupying adjoining farms, and that
the day of the murder the deceased was
going from his residence to the resi-
dence of AlOnzO Sidell, another neigh
bor who lived beyond Taylor's farm,
from the residence of the deceased. In
going TO Sidell's the deceased was pass
ing TO SidelIs the deceased was pass
ing through the premises Of the de-
fendant, the defendant at the time be-
ing at work on his stable near his resi-
dence. Words passed between the
parties when the deceased reached the
stable after which the defendant shot
the deceased without any provocation
whatever. No one except the parties
was present at the time. Also, that
the defendant had, previously, to differ
ent persons and at different times and
places. made threats against the life OF
the deceased. etc. on account OF the
part the deceased had taken in the
legal proceedings by which the defend
ant was sent to the insane asylum at
Weston some two years previous.
The defense i'm their statement said,
I'm substance. the proof would show that
the deceased was powerful and danger
Gus bully. whom everybody i'm the neigh
hood feared. among them being the de-
PENDANT The deceased without permis-
sion was iu the habit Of going through the
premises of the defendant. throwing
down the fences leaving them open. etc,
and j. other ways annoying the defend
ant. the defendant being afraid TO protest
to the deceased against these depreda-
tous. However the day of TN" homicide
the defendant asked the VIE OF the de-
ceased to say TO her husband that he
would like for him to stop going through
the defendants premises. throwing down
his fences. leaving them open. etc, the de
ceased at the time being at Willeyvillc.
small village distant some three miles from
the residence of the deceased. When the
deceased returned home he was under the
Of liquor and i'm an ugly humor.
and when the wife told her husband what
the defendant had said the deceased start
ed Immediately. against the protest Of
his wife. TO the residence of the defendant.
finding him mt work i'm his stable as stated.
The defendant when the deceased came
to him at the stable. had an axe in his
hand The parties talking for a while the
defendant threw the axe down and pro-
cecded about his work again. After the
defendant laid the axe down the deceased
placed himself between the defendant and
the axe and began an assault upon him.
the defendant running twice around the
stable with the deceased closely following
i'm order to do him violence. The second
time the defendant ran around the stable
the deceased being about to catch him. he
GRABBED his gun. which he usually had with
him when about his work. and shot the
deceased i'm order TO save his own life.
ls ne was i'm fear OF him. The wife Of the
defendant. who was at the time at her
home. saw the two men running around
the stable. but did not see the shotting
ms it occurred on the opposite side of the
stable from where she was. Also the de-
ceased had made violent threats against
the life of the defendant at different times
md places and to divers persons. I'm fact
Tive killing is admitted. but was done i'm
DR. w. R. Curtis was called on behalf
Of the state. He performed post mortem
examination and found i'm Dulany's left
breast o., inches below the nipple shot
gun wound. The shot cut the lower part
Of the heart and lung. The charge had
passed through day book. newspaper
and two or three layers OF clothing. The
wound was two inches IN diameter. the
shot not having scattered. Dulany would
weigh about 1870 pounds. He found n bot
tie of whisky in his pocket: little had
been taken ont Of the bottle.
DR. Frccland's evidence differed but 1T
.Ie from that of Dr. Curtis.
Court then adjourned.