Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1904-12-20
of Error
Granted i'm I'm
pOrtant Case

ishment in one form or another
which his friends claim amounted
| to persecution, Sidney Cole
charged with murder and convict,
ed of that crime twice In the Grim.
inal court of Wood county, will
be granted third trial.
An order was entered yesterday
by Judge l., n. Tavenner OF the
Circuit court, ordering the war
den of the State penitentiary at
Moundsville to deliver the body
Of Cole into the custody Of the
Sheriff of Wood county, that he
may be present for a new trial
on the opening day of the Janu-
airy term of court.
The case is one that has. been
presented to- readers of The Re-
view and that is familiar to read
ers of the newspapers from Gin
cinnati to Pittsburg, involving as
it did, parties connected with riv-
er interests.
The alleged crime for which
Cole has suffered for almost four
years and for which acquittal is
now being sought, although he
had been sentenced to the peni-
tertiary for eighteen years, was
committed in April, 1901. Cole
was a poor, but worthy young
man, or at least was generally re-
garded as such. He resided in
what was known as the old Bart
lett house, located in Parkersburg
on the Ohio river front, just west
of the O. r. station.
During the flood of the spring
of 1901, Cole was driven to the
second floor of the house while
waters surged past almost twelve
feet high on it's walls. The Key
stone State, a well-known river
packet, was steaming down
stream with the food, and threat
encd destruction Of Coles house,
and apparently Of his life and
that Of his aged mother. Armed
with a Winchester rifle he threw
open window and demanded the
boat to halt and reverse. The
steamer continued to approach,
and Cole fired.
When the wharf WAS reached
the boat was put in and it was
found that Capt. w. II. Terry Of
Wheeling. had been pierced by a.
bullet and killed. AS Cole had
fired and his act had been obscrV-
ed by Il witness, he WAS arrested
charged with murder in the first
degree. lie was held by the mag
for preliminary hearing,
was indicted and subsequently the
case came up before Judge Staple
.on Of the Circuit court.
Attorneys II. II. Moss, Jr., and
Charles Showalter. then State s
attorneys, assisted by c. Y. Cald-
we'll, appeared for the prosecu-
ton. Cole was represented by
L. R. Via, Walter Nc
Dougle and Ii. B. Dodge. After
a dramatic and spectacular, as
we'll as sensational trial in which
the whole country was interested,
the jury brought in verdict OF
guilty. with recommendation Tor
leniency and Il life sentence.
Judge Stapleton on the motion
of the defense, set aside the YER
diet and granted a new trial. In
the second action C. 7. Caldwell
was again employed to assist the
State by the .Pittsburg Packet
company, for which Capt. Terry
had been an employee. The case
was noted for the vigorous prose
cution which the State made, ana
for the defense made by Attor-
news Via. Dodge and McDougle.
The second trial came IN the
spring term Of court, 1902. At
the end of six days Of legal war
fare. which was probably the most
noted six days of court ever held
in this State. the jury brought
in a verdict of murder in the sec
ond degree.