Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-01-04

vine was completed, M new jurors
being Andrew Giffen, w. @. Hall, Sta
ley Dreamer and Harry Boroff. After
the jury had been secured the attor-
neys for the defense filed a motion for
a continuance of the trial until a wit
ness, Mrs. Eleanor Warwick, could be
secured. In support of this motion
Barney Devine made an affidavit in re-
gard to what Mrs. Warwick is alleged
to have said on the night of the MUIR
der.
the witness had been s~ubpoenaed by
the defense put had failed to come.
Mrs. Warwick is an aged lady, being
79 years old, and is IN poor health.
This motion was argued by both the
defense and State. and the motion for
a continuance was overruled by Judge
Hoilingsworth. The jury was then
brought in and sworn.
After taking the oath Judge Hol-
liLgsWOrth admonished the jury to be
very careful and avoid conversations
about the case, and neither talk nor
listen to any n else talking on this
subject. Court then adjourned until
one O'Clock.
About one hundred witnesses for the
trial have been summoned, and it is
thought that it will last several days.
1t was noticed yesterday that Barney
Deyine looked thin and pale, and also
had a careworn expression. This was
noticed by a number Yesterday and
nom ponntpd on ~ ,Norxr II - coj1
that three of the friends of Devine
and Stephens are in town, and have
been for several days. 1t is not known
ii this report is true, but it comes from
a very reliable authority, and most
likely these men will be kept under
surveillance while in town.
Court convened at one O'Clock and
the State witnesses were called and
sworn. The prosecuting attorney stat
ed the case of the State to the jury,
and that they had two causes against
the defendant, first, the murder OF
Clarence Warwick; second, breaking
into the house Of Eleanor Warwick to
commit a burglary.
' H. T. Shepherd stated the defense
case to the jury, stating that it would
w oAO"h ia tllC dCLC1AudlI NoS Ch5NS
miles away when the murder he WaS
charged with was committed.
The first witness called was Squire
T. R. Rinehart, of Somerset township.
He stated that he lived one and a half
miles south from Mrs. Eleanor War
wick; that he was home April 18th and
8th; saw Ada Marqua at his home on
morning of the .Sth, and she told him
of the murder of Clarence Warwick at
the home of Mrs. Eleanor Warwick.
He stated that he Immediately left for
the house. He found at the home Mrs.
Eleanor Warwick and her son Jesse,
father of Clarence Warwick, Mrs. Jane
Curry, sister of Mrs. Warwick. Mrs.
Curry was an old lady and very hard
OF hearing. Witness went up stair and
found Clarence lying dead on the bed.
He was present at the inquest. Asked
how he entered the house. he said by
the rear door. After being in the
house a short time he Went out and
looked up and down the pike, looking
for his hired boy, by name OF Poulson,
and when he came he posted him at
the front gate to keep people u or
the yard. He made some observations
in the yard and found ONE tracks on
one side of the house. going toward the
fence from a window. One of the
tracks showed that one foot aid nc
give a full impression. a part being
missing from the ball of the foot. He
also found tracks on the west side,
near the window, that was raised. 1t
was the same track. The ground was
soft. He found tracks in a lower bed
and all were similar. He found a lad
der leaning up against the portico. lie
was shown a picture Of the Warwick
house and identified it. He described
to the jury the condition he found the
house in; had found the contents OF
several bureaus. trunks and chests
thrown over tie floor and described
the bed where the dead boy lay; had
been searched, also a trunk IN the
room.
In the room where Clarence was
lying witness found a strap and piece
of tarred Irvine, and he put them in
his pocket and gave them to squire
Hampton. He identified the Irvine and
strap. A plat of the room OF the house
was shown him, and he designated the
rooms and where the bed was, ana
other furniture in me rooms, II now
one went from one room TO the other.
On cross-examination he did not know
who made the plats. Learned OF
the murder about break of day. Mrs.
Marqua did not go with him to the
house. She told him she was going
to Somerton. He described where he
found the inmates Of the house on
his arrival, described the houses on
the pike between his home and that
OF Warwick and said that when ne
entered the Warwick home he found
Jesse Warwick, father OF the mur-
dered kav. and son of Mrs. Warwick
in each others arms. He rode to thy
house. He talked to those in tf
house except Mrs. Curry.
The defense questioned him For
some time about the situation he
found the family in, and about Dlac-
ing his hired boy at the gate, and
asked him to describe the yard and
windows in the house, but the answers
were the same as on direct evamina-
ton. He was asked: Did you dis
cover from any source that there was
a sum of money in the house Satur-
day night that the burglars did not
find?" Objection; overrYed. He an
swered that he heard aZumor to that
effect.
Jesse Warwick, father of the muir
dered boy, was called He stated that