The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1900-01-19
SEVEN YEARS
IN STATE PRISON
as The Sentence Imposed Upon
VaIie Boughner for Participat.
ing in the Fatal Young
Tragedy.
The Jury's Verdict
Murder In The SecondDegree

Judge Hagans Refused TO Grant a
new trial.-A 20 Days Post.
ponement for an Appeal.
Wednesday morning Judge Hagans
sentenced Vale Boughner to seven
years in the state peniteniary at
Moundsyille for the part he took In
the fatal and lamentable tragedy that
occurred here June %, 1899, in which
3. A Young, OF Buckhannon, was
chased to his death by mob. A
motion had been argued to set the
verdict aside, but Judge Hagans in q
careful opinion, and short review OF
the case refused to set the verdict
aside. He seemed to think the
motion to set aside the verdict hung
upon the very moment OF the Shoot
ing and that malice as defined by law
existed at that moment. His grounds
for this belief were, first, Boughner
had been demonstrated with; second,
theecho from the first Shot should
have brought some thought and refiec-
tioh: the second shot should have
brought him to his senses. He said
butfew of the elements of manslaugh.
ter existed, according to the evidence,
and that the deed was in no wise to
be excused unless upon the grounds Of
a hue and cry, aud then only when
the officer or one joining in the chase
had informed himself that felony
had been committed.
Apostponement Of the execution Of
the sentence, for 40 days, was granted
thatthe defense may apply for a writ
of error to the supreme court.
The scene was, indeed, an affecting
one and there was manifest a deep
sympathy for the unfortunate young
man. The Court, himself, was great
~ Affected and performed what he re-
.garded his solemn duty with deep
regret and reluctance. The penalty
forsecond degree murder is from . to
10 years servitude in the penitentiary,
but the court expressed himself as
compassionate as the law and the
circumstances would allow and fixed
the time at I years.
The trial and argument in the case
closed late Saturday evening, after
consuming two days and a half and
the Jury had the case until Monday
morning, when they returned a
verdict of murder In the second
degree. The. verdict read, I'VE, the
jury, find the defendant. Vale
Boughner, not guilty of murder in
the first degree as charged in the
within Indictment, but we do ina
him guiltyof murder in the second
degree, Young Boughner's attor-
neys Immediately made motion to
set the verdict aside and grant new
trial. Tuesday morning the motion
wasargued by counsel, both for the
defense and the state, The grounds
for setting aside, as submitted by
Boughney's counsel, we're, first, 1.-THE
verdict was contrary to both the law
and the evidence in the case" and,
second, athe jury palpably disregard
ed the instructions of the court" The
defense commended that 1t could not
properly be more than manslaughter
at the highest, even II Boughner did
j,dn In the chase without first inform
ing himself that Young had COM
mitted a felony. Among other things
brought out was principle of law
that an officer had the right to kill a
felon, If necessary to prevent his
escape and was excusable for so doing.
Counsel argued that generalization
and malice did not exist and there
fore, 1t could not be murder in the
first degree. 1t was also claimed that
there existed no malice and intent
and. therefore, it couldnot be murder
in the second degree. The defense
further contended that the very
atmosphere was surcharged with
prejudice against the prisoner and
that that condition had It's effect
:.he Jury. The state contended main
khat he had no right to shoot,
Either as a private citizen or as a
rdeputized officer and laid practicular
stress on the alleged report ofJhree
shots being fired.
N The only interesting or new feature
brought out in the trial, beyond that
at the coroner's inquestas reported In
the Telegram at the time, was young
Boughner's testimony. His evidence,
in substance, was that he heard the
excitement; he understood from
Waldo near his fathers residence,
from which he came on hearing the
mob approaching, that he was asked
to help make the arrest of one
whomhe saw fleeing and who, be was
informed, had committed murder;
= at ho io;ned the crowd: that some