Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-04-05

Pressure Was Brought to Bear
on the Body Through the Efforts
of Beatty's Attorney-Other BUSH
ness Transacted by the Board.
| -
Unless Governor White acts other
wise than advised by the Board of Par
dons, Beatty, from Preston county, will
hang or Friday, April 18th, to expiate
for the murder of his brother-in-law,
David A. Nine, committed on the 9th
of last November. The review and de-
alterations on the case by the board
sitting at M~oundsvilles yesterday were
as follows:
Beatty was convicted of murder in
the first degree in the Circuit Court of
Preston county, and on the 21st day of
December, 1900, was sentenced by that
court to he hanged on the 18th day of
February, 1901. Shortly before the last
named date the Governor granted him
a respite, pending his application for
communication, until April 18th, 1901.
The specific offense for which he is
now under sentence of death, is the
murder of David A. Nine, his brother
in-law, on the goth day of November,
1900. The facts in the case are briefly,
but substantially as follows:
On the day before this dreadfully un-
fortunate tragedy, Nine had procured
the arrest of a son of Beatty upon a
charge of breaking and entering the
cellar of Nine and stealing therefrom
some cider, and the son, quite a young
man, was in Jail at the time Nine was
killed.
Nine and James. f. Norris were en-
gagged in hauling corn to and husking
the same at Mines barn, Nine doing
the hauling and Norris the husking.
Beatty got his shotgun and proceeded
to the barn where Nine and Morris
were at work. and after a few words OF
salutation between Norris and Beatty,
Nine came in and said Good morning
or "How do you do" to Beatty.
Beatty replied, How do you do Nub-
bin," or 'Old Nubbin." Norris, the
witness, does not remember exactly
which word was used. Norris states
that it is a Nick name we have and
every body knows what they mean
when then say that" Still it does not
appear in the case what it did e
Judging from what Immediately fol-
lowed, it must have been intended as
a %reproach, or insult, for Beatty i'm
mediately said: Look here, Dave,
you have been keeping wine and cider
in that cellar ever since you had it,
enticing boys to drink it, and you have
ruined my boy and brought disgrace
upon me and my family, and now |
want you to pay me what you owe me-"
Nine said: Beatty, what do l owe
you?" Beatty replied: You know,
you stole a lot of timber from me, and
never paid me for it," Being about
ten feet from Nine, Beatty began to fire
and Nine began to get out of the way.
The first snot took effect in Mines arm,
the second in his back and the third
missed MIN and struck a windmill near
by. The shots were in very quick uc-
c~ession, and were all discharged while
Nine was retreating and within the
time that he could travel about twenty
four feet. After the third shot Nine
walked away. 1t does not appear how
Beatty could shoot SO rapidly. The
gun may have been a repeater, or a
breech loader and rapidly handled.
However, the deadly work was done
very quickly and in a most determined
manner
John Ford, another witness, was near
by and his testimony c~orroborates the
evidence of Norris as to the number
of shots and Beatty's departure imme-
diately after the homicide.
beatty, the prisoner, did not testify
in his own behalf on the trial, and in
the line of defense interposed nothing
| ayoanf t0 nraua hic forp,nr naoI char
acter. Some four or five days after the
murder T.. t. FELTON,, a constable of
Preston county, arrested Beatty at his
home in his garnet, where he was in
hiding.
A communication to life Imprisonment
is earnestly asked, and the application
is supported by petitions signed by
about eight hundred citizens of that
county, among whom are many well
known and worthy people. A number
of letters from prominent officials and
reputable citizens are also filed on
Beatty's behalf. A protest signed by
two hundred and thirteen citizens is
likewise filed in the case. We think
Beatty's reputation as a l~aw-abiding,
~peaceable citizen is we'll established by
the evidence, and as before remarked,
lHiS appears W nave lDetu Ills only uc-
Tense.
Favorable action on the part of the
board has been ably and ingeniously
urged by Mr.. P. j. Gogan, Beatty's
attorney, on the following grounds:
First-That his general reputation as
a peaceable and law-abiding citizen,
preceding the murder, was good.
Second-On account of the great
provocation under which he acted.
Third-For the reason that a large
number of reputable citizens. mostly
residents in Preston county, and near
the scene of tragedy. either sign petit
tons or write letters in behalf Of
Beatty.
Under statutes murder by poi
son, lying in wait, Imprisonment, starv-
ing, or any willful, deliberate and pre-
meditated killing is murder in the first
degree. Plainly. the killing here was
willful, deliberate and premeditated.
and was therefore murder in the first
degree.
The statute further provides that
murder in the first degree shall be pun
ished with death. unless the jury in
its discretion further find that confine-
ment in the penitentiary shall be the
punishment. Without such further
fnding the accused shall he nunishad