Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-02-10

at 8 SO p. M, and then made the usual
enquiry Of the prisoners, who had been
instructed to stand up, as to whether
or not they had anything to say. De-
vinney said nothing, but Johnson re-
marked; mo. not at present"
Judge Hugus then, exhibiting much
feeling as he progressed, passed SEN
tence in the following language
81 am sorry, indeed, that the inno-
Cence you insisted upon before the
jury was not established by the evil
dence to the satisfaction of the jury
that tried you. That jury, selected
solely to ascertain the facts in this
case, found on the evidence verdict
of guilty. That jury was, | think, an
entirely fair and impartial jury, com
posed of sensible and conservative men,
actuated in the discharge of its duty by
no motive other than the single, simple
one of doing right under the evidence.
The evidence to sustain its finding is
so ample for the purpose, that this
Court dare not, on the ground of want
Of evidence, interfere with or criticise
1.-THE verdict 1t must stand with all
its terrible import to you prisoners, and
your statements now can IN no way
mitigate its fearful consequences or
prevent the Court from pronouncing
the sentence the law enjoins as con-
sequence of its finding.
You and your friends doubtless
think that the encounters between you
and the deceased and his friends, the
day prior to the day of the fatal shot,
palliate your guilt. In the light of the
evidence and the law, such view is not
warranted, however.
The evidence of the. second ARRAY
shows it to have been a bold, impudent
attack on you prisoners, but not one
intended or designed for anything more
than the infiction of a good beating on
you.
Il can well imagine how you chafed,
not only under the punishment infiict-
ed, but also under the reflection that
your assailants took from you and bore
away in triumph, as a trophy Of the
battle, your knife, OF which they de-
prived you with such, violence, and
which they exhibited $50 soon after
capture, with exultant pride and bra
NdUO, 10 UOuDl-
1T is a pity, and a matter, no doubt,
sincerely regretted since, by the police,
who had early information of these
troubles, that arrests were not prompt
ly made. Neglect to make arrests
seems to look like license and leave
to the participants to even matters up
in such way and time as they might
chance upon.
Left thus, apparently, to seek your
own vindication, the evidence that dis
closes your actions the day subsequent
to the last ARRAY. seems, all too vivid
ly, to portray a purpose to follow up
the deceased and his friends. and reek
a revenge that the law does not toll
crate, excuse or pardon a jot or title.
THE result to you prisoners, as it
comes to you in this EXTREMIST Of ver-
diets, is overwhelmingly terrible.
Your lives are demanded by the law, to
atone for the crime committed, and as
Of like crimes.
1T may be that the Appellate Courts,
to which l will contribute all l can to
have this case taken, ss.ll award you a
new trial. Human life is q precious
thing, and should not be taken unless
all the steps and acts taken in a trial
are taken according to law and right,
and approved by all Courts. And, as
stated, the higher Courts may find
good grounds to grant you a new trial.
| would not, however, put TOO much
trust in this hope.
Although death may not come to
you under sentence CT the Court, at a
given time, it is sure 70 come 10 you
as to all of US, at some time, and a
preparation for it should always be
made. You should earnestly seek the
salvation of your souls. Counsel with
those good men and women who may
visit you. Put away all worldly and
sinful thoughts, and seek forgiveness.
and may God have mercy on your
souls.
1t is the judgment OF the Court that