Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1904-07-27
CopenhaVerCaSe


Twenty names were exhausted
Monday and only ten jurymen
were selected for the trial of Joseph
H. Copenhaver for killing his wife
last April.
Tuesday the other two members
of the Jury were selected, and the
trial proceeded.
The jury is composed of the
following:
VIM. Moore, w. X. Borham,
Elijah Symons, ID. w. Willingham,
w. II. Ramey, Powell Annette,
J. w. Shewbridge. Shade Moore,
f. Z. Carter, w. ). Bromley,
W. b. Mckay, j. w. Hansucker.
The attorneys for the defense
are Hon. Marshall Mccormick and
Hon. Blackburn Smith. The pros
ecution will be made by Common
wealth's Attorney w. L. Lewis,
assisted by Attorney +. b. Whit
ing, of BerryvilIe, and Hon.
Richard +. Byrd, of Winchester.
The first witness called was
Thomas w. jenkins, Jr., who lived
ON the Copenhaver farm at the
time of the killing. jenkins went
to the Copenhaver home the morn
ing of the tragedy after some
potatoes, and was informed that
Copenhaver was in no condition to
transact business, it being under
stood that he was either drunk or
had been drinking. Mrs. COpen-
haver went with the witness to the
cellar to get the potatoes. COpen-
haver came down there and was
inquiring about his breakfast. He
was told 10y Mrs. Copenhaver that
breakfast had been waiting for him
since 8 O'Clock. He then went up
stairs, and when jenkins came up
from the cellar Miss Mary Copen-
haver was trying TO hold the outer
door (from Copenhaver's room)
shut TO prevent him coming out.
He jerked the door open and step
ped out TO the platform saying "Ill
show YOU whether l will do any
thing :" pulled his revolver and
fired at Mrs. Copenhaver, who was
crossing the yard toward the wood
pile. She fell, and witness saw
COpenhaver go TO her and raise her
up. Witness had also heard
COpenhaver cursing his wife and
calling her vile names, which are
unprintable.
DR.. William NJ. Mcclure, of
Winchester, the family physician,
was called. He testified TO Copen-
haver's drunkenness, and told of
his incarceration twice in Kelley
Institutions. He told of being call
ed to the house the morning of the
tragedy, but found Copenhaver
locked in his room and was afraid
toapproach him until Sheriff Small
wood arrived. He then held a con-
versation with Copenhaver, and
asked him if he knew what he had
done. His reply was that he had
killed his wife, and gave as his
reason that it was just meanness,
he supposed.
In reply To a question as to
whether Copenhaver was respon-
Slble at the time of the killing, a
legal wrangle arose between the
counsel, and DIR. Mcclure was
asked to define the difference be-
tween dypsomania and alcoholic
mania. The point being rather
vague. the court took occasion to
remark that he could not see that
the fact of any man being drunk
would have any weight in court as
To hls liability for acts committed,
and further said that no excuse
could be made for crime committed
when drunk, as it must be proven
that man is permanently insane
tohave the protection of the statute.
DR.. Mcclure stated positively
that COpenhaver was drunk wher
he saw him after the capture. Ii,
stated that the feeling of Copen
haver towards his wife was very
cordial and friendly when sober.
Miss Mary Copenhaver, sister o.
'he prisoner, was called, but hei
testimony was very tame, consider
ing her connection with the case
one said that she had heard M
disagreement or harsh words be
tween Copenhaver and his wife OIL
the morning in question. She die
not see the shooting, as she wa
inside of the kitchen, and knew
practically nothing about the mat
ter. She had never seen any action