Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-12-16
MAY GIT A VERDICT TODAY.
Only One More Address to Be Made in
the Eastman Case.
Mr.. Davis. for the Prosecution, Will
Close This Morning-A Wrangle
Among Attorneys Concerning the
Order in Which Speeches Should
Be Made-Jury Will Have the
Case by Noon.

Special to the Register.
Parsons, w. Va, December 10
There was something of a breeze in
court this morning, when Judge Holt
ordered the Eastman case resumed,
that threatened to develop into cy-
clone, and, as far as the legal frater-
nifty was concerned, took on all the
phases of one of those storms. 1t
broke directly after court opened. All
of the counsel for the defense were in
position in readiness for the fray, but
the prosecutions counsel were not de-
sirous of speaking. When the Judge
asked the defense to go on with their
case, Mr.. Daley stated that his side
had made the last previous argument,
concluded the night before by Col. Ar
nett, and that they were waiting for
the prosecution.
His honor told them that it was not
necessary to wait for the prosecution,
and indicated that they should go
ahead on the theory that there had
been but one speech of an hour and
half on behalf of the prosecution. The
defense insisted that it was manifestly
unfair and improper and departure
from the rule, to compel all of the
speeches in behalf of the defense to
be made, then to be followed by the
several speeches in behalf of the pros
ecution in closing.
All counsel for the prosecution par
ticipated in the argument, in which
they insisted that it was perfectly
proper for them to close with all of
their speeches. The court sustained
their views.
Mr.. Daley then arose and began for
the defense, in which he protested
against this ruling Of the Court, and
said that such methods were in line
with the course of the prosecution
throughout the entire case. He charg-
ed States Attorney Conley with hav-
ing violated the law and his oath of
Office in surrendering to the assistants
in the prosecution of the case it's en-
tire management and control, and said
that it was not the State that was
prosecuting Eastman, but the ThOmp-
sons. He grew heated as he progress
ed. In summarizing the testimony he
aimed to show that Eastman was not
to blame and delivered an eloquent
address, closing with an appeal for
the acquittal Of Eastman.
He was followed by Mr.. Marshall
Mccormick, who spoke in the same
vein at length.
Mr.. John Howard, for the prosecu-
ton, denied the charges made by the
defendants counsel, claiming that the
tactics of the prosecution were per-
fectly proper, and demanded, after re-
viewing the testimony presented by
the defense, conviction.
Mr.. Towards address was remark
ably fine piece of argumentative ora
tory and has not been eXcelled in years
in the Tucker county court. He car
ried the jury through the whole case
from the first witness to the last, dis
crediting some evidence, minimizing
the force of other and placing in its
strongest light that which tended to
show the prisoners guilt.
He closed with an appeal to the jury
to do the thing which the evidence and
the law pointed to them as their duty
to do, and left them with their con-
sciences to seek the truth from among
the mass of contradictory statements
presented to them in the long trial. He
urged that there could be no middle
ground, and impressed upon them the
gravity of their position as supporters
of law and order and the rights of the
whole people.
Court adjourned at 6:15 p. m. until
tomorrow morning at o'clock, when
Mr.. Davis will close for the prosecu-
ton.
The case will undoubtedly go to the
judy before noon tomorrow.