Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1901-01-26
Young Faces Trial /.

interested ON lockers during the ex-
aiming of the witnesses
The beginning Of the trial was de-
laycd somewhat by long wait on
Moran, the chief witness for the pros
ecution, who did not put in appear
ance until nearly an hour after the
time court began.
| The prosecuting witnesses who tes-
titled, were Michael Moran, DIR. p.
| ID. Barlow, S. H. Freeze, T. G.
| O'Byrnes, ID. w. O'Connor, BERTHE
Flynn, and B. n. Martin. All of the
witnesses gave corrorborative evil
dence. Moran said he heard a noise
on the outside of the house and went
to the door to see what was wrong.
While he was in the act of opening
the door he heard the report of gun
and felt the load strike him in the
face. The other witnesses for the
! State who were in the house corrobo-
rated his testimony
| ID. W.O'Connor stated that Young
was in his saloon before he went to
| the house where the shooting occur
ed and had stated that he was going
MP there with his shot gun and make
them all jump out of the windows.
The prisoner, the only witness who
4 y
| the shooting, but said he didn't have
any intention of hurting anyone.
The examination of the witnesses
was concluded at IL 80, when court
adjourned until O'Clock. The prose-
cutting lawyers were given an hour
and a half for arguing the case and
Messrs. Wisner and Downey, who rep
resent the prisoner, were given the
same time.
"We, the jury, do not find the de-
PENDANT, Charles Young, guilty of ma
liciously shooting Michael Moran with
intent to main, disfigure, disable and
kill; but we do find him guilty of an
lawfully shooting him with intent to
main, disfgure, disable and kill. -
Such is the verdict of the twelve
men selected to try the case of State
VS.. Chas. Young. The penalty for the
crime Young was found guilty of is
confnment in the penitentiary not less
than one or more than five years, or,
at the discretion of the court, con-
| finement in jail for a term not exceed
ing twelve months and fine not ex-
ceeding $500.
When court convened in the after
noon Assistant Prosecuting Attorney
Ward B. Lindsay opened the argu-
ment by speaking for twenty five min
utes. He was followed by Attorney
VIM. Downey, for the defense, in q
thirty minutes speech. Attorney
Wisner followed with speech lasting
forty five minutes and Prosecuting
Attorney U. S. G.. Pixter closed the
argument by addressing the jury for
one hour. The case was given to the
jury at fifteen minutes of five o'clock.
The jury returned at ten minutes of
six with verdict that the prisoner
was guilty of malicious and unlawful
shooting. This was not a correct YER
dict legally, and Judge Faulkner sent
the jury back to the jury room. They
returned to the court room again at
six O'Clock with another verdict.
This time they found the prisoner
guilty of maliciously shooting Michael
Moran
| EWhen States Attorney Pitzer wrote
the verdict in legal terms one of the
| jurymen, Charles Westrater, said he
didn't understand it that way when
he agreed with the other jurymen on
the last verdict and the jury was
again sent back to the jury room.
Before returning to the jury room
this time the Prosecuting Attorney,
with the approval of the court, wrote
the four verdicts they could find in
the case and after being out short
time, they agreed upon the verdict
given above.
| Other Business.
| G. w. Wisner and others against
Emily Wisner's administrator, decree
distributing fund arising from the
sale of real estate to the distributes.
Lulu M. Shepard etc, against John
w. Dodd and others, decree showing
payment of plaintiffs, Judgment and
cause dismissed from the docket.
Jacob +. Turner etc, against James
HI. Veney and others, the defendants
plea of ives adjudicata' rejected and
case continued.
Milwaukee Avenue State Bank VS..
Geo. A. Means, order issuing rule
against John Yarlett.
l. l.. Bender, executor, VS.. E. w.
Poole, etc, order dismissing case.
Fauver VS. Fauver, decree distribut-
ing funds and retiring case from the
docket.
J. HI. Smith, adm, VS.. Clara V.
Shober, decree confirming commits
sioner's report and directing sale of
the real estate.
Lena Shell VS.. Sallie Zigler and
others, decree appointing commission
ers to sell the real estate.
John Unger VS.. ID. b. Metler and
others. decree distributing proceeds