Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-05-19

BY Judge Hugus-CO1. Arnett Pre-
scented Affidavits in Support of His
Notion, But the Court Deemed
Then Insufficient, and Overruled
the Motion to Set Aside the Ver-
dfct-The Condemned Men Betray-
ed No Emotion When Judge Hugus
Pronounced the Death Sentence.
upon the motion of Col. w. w. Arnett
to set aside the verdict in the Mooney
and Friday murder case and grant the
defendants a new trial. This action
was to have been taken on Wednes-
day, but was deferred on account of
the absence of Col. Arnett from the
city. Judge Hugus overruled the mo-
ton and Immediately pronounced sent
cnce upon the two men. Neither be-
trayed any emotion. Mooney chewed
tobacco and Friday was quiet but
showed no nervousness.
In anticipation of the action in these
cases there were a number of persons
in the court room. Col. Arnett was not
present and Judge Hugus sent a page
for him. In the meantime he came in
to the court room. He asked the priv
ilege of interviewing the prisoners in
the county Jail before they were
brought into the court room and the
privilege was extended.
1t was about 1920 O'Clock when
Mooney and Friday were brought into
the court room. Col. Arnett produced
some papers which the prisoners sign
ed, and made oath to the contents
Col. Arnett then arose and stated to
the court that he had three afidavits
which he desired to read before Judge
| Hugus passed upon the motions in or
der that they might be made a part OF
the record.
The first affidavit was made by John
Partell before Justice Evans, of Mar
shall county. Affiant stated that on
March LIST he and Pat Downs were in
Elm Grove and that between the hours
of three and four O'Clock on the after
Don of that day they were in the sa.
loon of Joseph Herndon, and that
number of persons passed in and oul
while they were there. About six
o'clock affiant swears he spoke to &
man neal the w. & E. G. depot about
going in" to Wheeling. Affiant says
he is "a years of age and has a dark
mustache; he knows nothing of the
two men charged with the Hervey MUIR
der.
The second affidavit was made by
c. ". Rixie, who went into the oil
fields for the purpose of securing sworn
statements from Partell and Downs
He swears that Partell greatly resem-
bles Mooney in shape and appearance
and that Partell is now working about
eight miles from Rosby's Rock.
The third paper was dated March
18th. In effect it states that the pris-
oliSIS anu dlllduG DSlItNt IIldI JOllA n.
Howard and H. c. Richards, assistant
States attorney and sheriff respective
ly, procured the arrest OF !. ]. Reilly.
John Lynch and J. J. Conner as aces
series before the fact in order to I'm
pair the effect of their testimony for
the defense; that John A. Howard, for
the purpose of intimidating witnesses
th&atened with arrest and prosecution
any person who would swear that de-
PENDANTS were in Wheeling at eight
o'clock on the night Of the murder;
that Al. Richards went to Pittsburg to
! escape testifying that defendants were
In Wheeling on the night of the nlur-
der; that another mar who could have
testified for TIE defendants was inlu-
enced by an official; that Howard and
Richards acted in a manner inSnsist'
ant with their duties as officers of the
court. This paper was signed by
Mooney and Friday, who asked for q
new trial at a time when the public
mind is 0 %prejudiced against them.
A question arese as to Col. ArnetL's
right to file the last named affidavit
and the court indicated a willingness &c
hear him on the subject. Col. Arnett
addressed the court at length and was
replied to by Prosecuting Attorney w
P. Meyer, who said that he understood
the only question before the court to be
after discovered evidence" Every 9th.
err question had been argued and set
tied during the progress of the trial. He
held that the affidavit of the oil meI
had no bearing whatever on the case
and he asked why affidavits from
Lynch, Conner and Reilly were not
offered if they had been intimidated, a.
alleged. Col. Arnett replied briefly.
Judge Hugus stated that the aft.
davits of the pipe liners might go or
the record, but they presented nothing
to sustain a motion for a new trial
He did not think due diligence hat
been used in securing the witnesse:
referred to. He was of opinion thai
the ~afidavits of Rixey and the prison
ers should not be admitted. The three