The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-11-10
taking OF a little willow twig constltu
ted evidence OF premeditation.
NO FERMENTATION,


ted evidence OF premeditatlon.
NO FERMENTATION,
Continuing. Mr., Meishen said II he
were to meet his fellow attorney, Mr.,
Ewing. in the hallway, and in the heat
Of passion kill him, he could not be
convicted of murder In the first degree,
SO in this case. Even II the states
story Is taken as true, there Is no proof
Of premeditation.
Speaking OF the evidence OF young
Jones' sister, he claimed she corrobor-
ated all the evidence introduced by the
other members OF the family. Her testl-
mony was reviewed and the claim
made that she had az no time contra
dlcted herself,
But 1t is said the defense's witnesses
are nearly aft members Of the prison
er's family, who have interest In his
acqutal. Their testimony agrees, but It
doesn't agree to the point OF suspicion
Jones had been discharged at the
close of the preliminary examination,
and had made no effort TO escape, The
confession was explained by the alleg-
ed threat made that he would hang
unless he told his story, Through intim-
idation OF Mr., Edwards, he had been
made to tell what is really not true, II
is not true that the jury viii hang this
boy on such evidence as this. You will
not hang boy on confession wrung
from him in such a way as this was.
Mr. Meghen did not feel called upon
h ~efer to authorities introduced by the
state. A confession not OF free and
voluntary character by a boy under
fourteen years OF age should not be ta-
ken seriously. Even II Jones Is proven
To be guilty, the state must SHOW he Ia
responsible with knowledge OF right
and wrong. This had not been accom-
pHshed by the state. 1t must be re-
membered this was the confession Of n
minor, The conflict OF statement by
witnesses must also be taken under
consideration. Il seems impossible,
perhaps, that one would confess TO
what Is not true, but he had read au-
thorities to show that under intimlda-
ton such confessions had been made,
He confidently expected verdict free
Ing from punishment this boy who, he
claimed, Is not responsible for any act
that he may be guilty Of.
MIR. EWING's ADDRESS.
Mr. Melghen closed at $50 o'clock, and
was followed by Mr.. ]. A. Ewing, also
for the defense He first took up the
confession, which he chained was not
| entitled to consideration. A confession
extorted by threats cannot lmpllcate
even man and this boy, 1t can he
readily seen. is Of tender years. He
maintained the boy was thirteen years
OF age at his last birthday. The mother
had said he was born on Sunday, but
she might be mistaken as to the day OF
the week. The speaker referred 20
the importance OF Virginia au-
thoritles In this state, and spoke OF the
duty Of Jurors. They are not to be
coerced In any manner. Returning to
the matter of confessions, Mr.. Ewing
read the Grattan decision In Virginia.
There are three confessions In this
case; first, to Burnley "the detective In
this case: second, to Burley and Ev-
ans third, to DR.. Steele. In the wit
ness room before the coroner's inquiry,
the Jones boy was intimidated by
Howard Edwards. Young Jones had
been told to tell Burley the truth and
he would not be hanged. Is not that
holding out an lnducement? II Howard
EDWARDS Udul bttH luIHcu lObst VI
poor Jones, he would not have made
such n confession. Instead, he listens 10
the SIRENS song and tells a story that
the Virginia courts say shall not be ev-
idence toward the convietion Of man,
let alone O boy.
Outside of the confession, what has
the state to rest on in this case2 Only
that stub and switch. The speaker did
not believe the switch and stub were
originally from the same tree. The
stub had been cunnlngly arranged to
fit the switch end. He invited the jury
to close examination of the switch
and stub.
The state has not, said the speaker,
proved wlful and premeditated muir
der. Speaking OF the jury's verdict, he
said 1t would be for murder first or
second degree, or not guilty. The court,
not the jury. fixes the verdict
At o'clock Judge Paul adjourned
court until this morning at $3.50, when
Mr.. Ewing viii continue his argument,
and be followed by Captain Dovener,
for the state, closing the case. Then
the jury will retire. 1t IL not expected
arguments will be finished before early
in the afternoon.