Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1899-04-13
Published by Request
The Other Side of the Mcdowell Case.
LEETowN, w. VA,

weeks ago by Mr.. Joseph Baker touch
ing upon the pardon of Robert Mellow
ell, in which he has made personal at
tack upon me. feel it my duty in JUS
tice to myself to let the people know
how stand. | have lived close to Mr..
Eugene Baker, and have always been on
the most intimate and friendly terms
with him. When his house was burned
there was no one felt more sorry or
deeply grieved by their loss than myself.
Mr.. Baker came over TO my farm where
| was working at a new ground, a lew
DAYS after the fire, and told me he
thought Bob Mcdowell had set fire to
his house and stated his reasons. told
him. inferring from what he said, that
il looked like Bob was the man. lthen
advised him if he thought so to keep
quiet and ferret it out, not TO take up
the case until he was certain. or had
good proof that Bob was the guilty par
ty: yet Joe Baker says | was the first
man to go his father and tell him that
Bob was the man who burned his faith
er's house. Joseph is mistaken his
father came TO me first, | not to him, TO
accuse Bob of the crime. Joe further
saws had discovered that Bob Mellow
ell had burned his fathers house, and
made statements to his father and moth
er. +. +. Dunaway and wife and W. IL.
ID. Moncure | do not deny that | held
conversations with the above named
people and upon the language of Mr..
Baker | expressed my opinion that 1T
looked like Bob was the man. had no
opinion only from what Mr.. Baker told
me | had heard no evidence on the
other side but from the tone Of his (Mr.
Baker'S) conversation | expressed my
opinions in that way The conversation
with all these people took place lmme-
diately after Bob was sent TO Jail. As
to my holding conversation with Bob
and telling any one that | had dlscOv-
cred from his conversation that Bob
burned Mr.. Bakers house, is FALSE.
Bob never gave me any points whatever
for suspicion. had he done 50 | would
have reported the same al once and done
all in my power Ia have had justice done
Mr.. Baker. When Bob was committed
to Jail he wanted me TO bail him out
| refused Why Because ] would not
stand IN the way Of Mr.. Baker, whose
house was burned, in trying TO find out
who set fire to il. After the grand jury
indicted him upon DeshOn'S evidence
he appealed to me to stand good for
LAWYER to defend him ; that would not
do and again told his father | would not
stand in Mr.. Bakers light that if he
was guilty wanted to see him punished
to the full extent of the law; If he was
I l.. i = al Ion aI
| was guilty of the charges that Joe Ba-
ker in his letter has tried to lead people
10 believe. why did | not take up the
matter at first would have nothing
To do with it until went to CharIeStOwn
and heard the trial. Then was the time
| formed an opinion based upon facts
as produced in court. | was very much
surprised when | heard the case. There
was no witness who saw him (Bob) set
fire To the house, no one saw him about
there the night Of the fire, no one heard
him make any threats or say he was
glad. He proved that he stayed all night
AT Mr. Everhart's. The State did not
prove he was away from Mr. Everhart s.
no one tried to impeach the evidence of
the party who proved he stayed there.
| could see no evidence whatever to con-
meet him with the fire except Harry De-
shon. a boy from Winchester, Va, who
came to Charestown and forged check,
was in Jail at the time, he DeshOn)
swore that Bob confessed 10 HIM that
he burned the house.
Let us see how DeShon stands There
was the forgery against HIM man
SwOre that he was notorious character
aud would not believe him upon oath
two men testified he would not tell un-
less paid for his information he also
told good white citizen Of Charlestown
and one in Winchester that Bob Nc
Dowell never told him that he set fire
To Mr. Bakers house. further saw an
affidavit stating he broke into the post
office in Winchester, Va, and was caught
i'm the act. | also saw Il letter from
Judge Paul, of Harrisonburg, Va, he
was found guilty.-All this was in the
hands of the Governor of West Virginia,
and was considered. Deshon was the
only witness against Bob TO show he set
fire TO Mr.. Bakers house. | could not
believe such a character. My opinion
was that if DeShon's evidence was
thrown out there was no case against
him. Joe Baker says Mr.. s {. Young
one was in the cell with Bob from the
time he came to Jail until he went to
serve his life sentence. 1t is we'll known
that other prisoners were sometimes
confined in the cell with him. ! am
fully prepared TO say and prove that De-
shOn and others were allowed to be in
the hall of the Jail alone and permitted
To hold private conversations with Bob.
What is the difference between being
put into the cell with him and being
alone in the hall where they were alone
and could hold private conversations
together. | am greatly in favor of the
detective system while that Is fact |
want to have as detectives men OF some
repute, not such man as DeShon. To
have such a character as detective
is sufficient to disgust anyone. | felt
for Bob. Just as would for d man |
should find in the road in bleeding
and dying condition, | could not pass
him by without doing all could for him.
try to do what is right as | 90 through
life and act as Samaritan to any human
being find in need. | will do what is
right in the sight of God and in doing
so have Il clear conscience in the face
of nv fellow man. | have always be-
lieved Bob was not proven guilty of the
crime, and tried to help him, believed
him TO be an innocent man, | was doing
an act of humanity TO help TO save his
life. Joe Baker says did not hear the
evidence. | can not understand how
he can make such a statement, when it
is IA well known fact that | heard all ev
idence of the first trial and the last eX
Cept few witnesses on the defense. |
heard all State witnesses both trials. |
am sure that ii was more than Joe Ba-
ker heard, for he was living in Virginia
at that time. Joe Baker has spoken
detrimental of my character for honor,
integrity and veracity. think it use
less to discuss that point, as we were
both raised in the county and are well
known to the people; they are the best
judges of the two men from our actions
IN the past. The future is yet to be seen.
He also says that statement of mine
in one of my letters to the Governor is