Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-04-17

ty of murder in the first degree, as
charged in the within indictment.
This inscription, written in a bold
hand on the back of the indictment
returned by the Criminal Court grand
jury, sealed the fate of the two des-
perate characters who have been on
trial for more than week for the
brutal and cowardly murder of James
Hervey, an aged, respectable, and we'll
TODD farmer of Ohio county. John
Mooney and Frank Friday are already
in the shadow of the gallows, upon
which they will expiate their crime.
Throughout the trial the defendants
have caught every word said for or
against them by witnesses or counsel,
but their faces have been immobile.
There has not been the tremor of a
muscle to betray any emotion, save
when Mooney occasionally smiled at
Mr.. Towards references to his escapes
from prison, or Friday weakened when
the line of inquiry touched upon his
mother. The prisoners maintained the
same stolid demeanor to the last.
While the arguments were being
made, Mooney was chewing tobacco,
while Friday was almost constantly
munching something between his front
teeth.
Once last night, when there was a
shutting of feet in the corridor, and a
eraning of necks in the court room,
caused by report that the jury was
coming in, an ashen pallor over
spread the countenance of Friday, for
he understood the apparent signifi-
canoe of the cornmotion in the corri-
dor. His color came back in an in
slant, however, and after that both
he and Mooney had the appearance of
being unconcerned, even Indifferent
about what was going on around them.
When the verdict was announced the
condemned men simply stared at the
Jurors. While they were awaiting the
return of the jury they talked fire.
quently to Col. Arnett, and at all times
sat facing the crowd in the court
room. MONEYS small, restless eyes
were continually moving about, and
he noted everything that happened.
When court cCnvened in the even
ing it was nearly eight o'clock. Judge
Hugus examined the instructions to
the jury submitted by counsel. There
were about twenty instructions, pre-
pared by the States attorneys, but
Judge Hugus rejected all except one
which instructed that if the defendants
entered. the house Of James Hervey to
commit robbery, and one of them
committed murder, both were guilty
of murder in the first degree. Several
of Col Arnetts instructions were re-
jected, but twelve or fifteen were read
to the jury.
The jury selected w H. Graebe as
foreman, soon after retiring to the
Jury room. A Question arose in the
discussion of the case which led to a
request for further instructions, and
the fact was communicated to Judge
Hugus, who came back into the court
room about $50 o'clock. The request
was not pressed, however, the jurors
agreeing upon whatever point it was
that was in dispute. 1t is understood
that the only matter which divided the
jury was the question of punishment
of Friday, all beirg agreed that Moon
ey should receive the death penalty.
How many favored a life sentence for
Friday could not be learned. Jurors
who were approached by Register re-
porter stated that an agreement had
been entered into to say nothing about
what transpired in the jury room.
At 1915 o'clock there was another
commotion in the hall. The prisoners
heard it, but gave no evidence of their
concern. The space inside the rail-
ing was cleared for the entrance of the
jurors, and they took their positions
"A the box. Every man in the over
crowded court room arose to his feet
and leaned forward to see and hear.
Gentlemen of the jury, have you
agreed upon verdict?" said Clerk
Henning
I'VE have replied Foreman Graebe
Mr.. Henning stepped forward and
was handed the Indictment, reading
the verdict written upon the back
There was no demonstration by the
audience. The silence was intense
1t was broken by Col. Arnett, who
asked that the jury be polled. This
being done, he moved to set aside the
verdict and also made a motion for
arrest of judgment. In support of
the latter motion he said he had dis
covered some subsequent evidence of
highly important nature, and for that
reason he asked the Court not to set a
time for hearing arguments upon the
motion. He intimated that he would
be pleased if the matter were post
poned until the next term.
Mr.. Howard said the request was
decidedly unusual. If the defense had
any other evidence to offer, he felt
that it had been developed before the
case went to the jury. He was in
clined to regard Col. Arnett's request
as an effort to gain time to find some
reason for asking for new trial He
said that the matter should be set for
hearing this week Col. Arnett replied
that he fully understood the meaning
of "after evidence" The new testi-
mony was of vital interest to the de-
PENDANTS. He was interrupted by
Judge Hugus, who fixed next Satur-
day as the time for hearing the argu-
ments.
Col. Arnett stated that he would
make an effort to get the evidence in
shape by that time, but would not be
certain that he could do so.
Judge Hugus thanked the jurors in
the usual terms, the prisoners were re-
manded to their cells, and the trial was
at an end.
The last day was given up to argu-
ments, and the popular interest in the
trH was shown BY the immense crowds
In attendance. The court room was
alled soon after the doors opened, and