Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-10


dict Of not guilty or one based on q
compromise, and therefore he said he
felt little necessity for calling extended
attention to the danger of mistake in
a verdict leaning towards the prisoners
at the bar. 1t was murder in the first
degree, if it was any crime at all, and
both were equally guilty.
Capt Dovener has told you the
prisoners were presumed to be inno-
cent. That would be a strange sort Of
presumption. 1t is true that in ordin-
ary criminal cases, the defendant goes
into the trial with a presumption of
innocence, but just as soon as the evil
dence shows guilt the presumption of
innocence is removed, and no longer
figures in the case
He next took up the question of
doubt in the jury's mind, and said:
you can't go hunting for doubts to
excuse you from doing your duty.
There can be no doubt in this case now.
You are right square up to the PROPOSE
ton that you were called from your
homes and business to trythis case, and
that it is your duty to find a verdict
against them, with no recommended
lions to mercy. Being right square up
with the proposition, knowing you have
two murderers in front Of you, are you
brave and honest enough to do your
duty? If you are not, go out and face
the people, who will look you in the
eyes as they look at the soldier who de-
serts in the face of the enemy and
comes home to greet his friends after
deserving his comrades in the face of
danger. VIII you do that? VIII
you return a verdict of the death PEN
atty, or will you allow mawkish SEN
timentality to sway your conclusions.
What is it they ask of you? 1t is
for the remaining years Of that vicious
life. They ask to be allowed to return
to the bawd. They see the red light
that shines in the night, and which
lures them instead of warning them.
They ask to go back to their vicious
companions, and not to their homes
and to the sisters and other relatives
who sit beside them, and whose rela-
tionship l am not advised of. 1t were
better for those who love them-if such
men can be loved-that their lives end
now. 1t would be better for society
that they were dead.
Capt. Dovener said these men were
human beings, and had right to live.
Since mankind ceased TO run wild
and prey on his fellows, it has been
the rule and law of civilized countries
that the murderer has no right to live.
They have forfeited that right, and
ask of you, as | demanded in the open
ing, that kind of verdict in this case. /
demand now, in conclusion, a verdict
which shall mean the death penalty
against both Of these defendants. /
demand it because the law demands it.
| demand it in the name OF the State
and of all the people. | demand it be-
cause the law and the facts demand
it. and demand it in the name of these
tender-hearted sisters. If one OF you
will let sentimentality control his
Judgment, | ask him to take these
orphan sisters, and take these two
murderers with him, and go to that
whitened grave, and say to the world
that you are too tender hearted to do
your duty.
'You twelve men ought to do what is
demanded OF you because it is the law"
His final appeal to the jury was as
effective a thing as was ever heard in
a Wheeling court room.
Mr.. Howard concluded as half-past
twelve o'clock.
AS he did so, Captain Dovener, who
had been sitting close to the stenog-
rapher, making exceptions to portions
Of the address from time to time, ad-
dressed the Court, commencing with:
This is perhaps the most extraor-
binary speech"-when Mr.. Howard in
terposed an objection to the remarks
which Captain Dovener had apparently
set out to make. The Court raped for
order, and after Captain Dovener had
attempted to proceed and been stop
ned. the Court informed him that he
could not proceed. The Captain said
he desired to make a motion, and the
Court told him to proceed, saying;
you can make motion, but you
cannot make a speech" and Mr.. How
ard added that he object to Mr..
| Doyener making a speech.
81 don't intend to make a speech,
said Captain Dovener, ''but to make a
motion"
you can make it," said the Court,
''but you must do. so in respectful Ian
guage."
Il win make it in respectful Ian
guage, but I'll make it.
You can make the motion, but not
a speech"
IN make it. or go into that jail "
ranfian