Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1905-05-06

Mhen the twelve men who had been
celebrating upon the fate of the ao.
cused for four hours filed slowly into
the court room, they faced crowd
that packed every available inch of
space within the walls. Interest in
the case had reached thas point when
men stood about the old building for
hours in the hops OF soeedv verdict.
and brought the crowd with rush
to the inside as soon as the word was
passed about that the jury was ready
20 report.
Within the dimly.hghted old struc-
ture men and women, about equally
divided between white and black,
craDed eagerly forward. as IL to read
in the faces of the jurors the verdict
contained within the folded paper
The foreman silently handed the doc.
ument to CLERK GerEardt. who read
the verdict in low tone. only the
strained silence enabling those in
remote parts of the room to hear.
Before the verdict was announced,
Judge Faulkner admonished the crowd
that there must be no demonstration,
no matter what the verdict might be,
and his orders were carefully regard
cd. only u slight stir as feeling of
relief and satisfaction swept over the
crowd being audible.
The prisoner ana his father occupied
seats directly in front of the judges
bench. sitting on opposite sides OF one
of the long tables. and TO all outward
appearances they were the most IN.
concerned persons in the court room.
Only slight twisting of q piece OF
paper in the hands of the father be-
trayed his feeling, but the son remain.
ed unmoved throughout the whole
proceeding.
Later. when a newspaper man spoke
to the younger man abont the verdict.
ths nervous grasp of his hand and
his gratitude for word Of sympathy,
BETRAYED the feeling beneath his cool
exterior.
| Immediately after the verdict had
been announced. Attorney Woods, for
the defense, entered motion for n
new trial, which Will be argued at u
later date before Judge Faulkner.
1t was easily apparent that the verdict
was a surprise and disappointment to
the ATTORNEYS for the defense. as they
remained In their chairs without a
word to any one Tor several mimi Is.
Both men put MP splendid fight to
save their client, and anticipated a
greater degree of success than the jury
was willing to accord them. Only
Prosecuting ATTORNEY Noll was pres.
emit for the state.
Without attempting to enter into the
merits of the case. or comment on the
verdict. 1t can be said that the verdict
meets with popular approval. There
we're some extremists who wanted to
see Clifford condemned to death.
while there we're Others who would
have been pleased with q lesser degree
OF punishment than that meted out by
the jury. But between these two ele.
ments there Was the vast majority of
those who had closely followed the
case and who thought second degree or
manslaughter would about meet the
requirements of the case.
The court room was quickly cleared
of the crowd. and the officers adjourn
ed court to this morning.
1t is said on good authority that
the first ballot OF the jurors showed
four in favor OF murder in first degree
with a recommendation for mercy,
four in favor of murder in the second
degree, and four for man-slaughter
The verdict is thus apparently "a COM
promise between the jurors.
]. Il. CLIFFORD BAILED.
This morning In the Circuit court the
state quashed the indictment for
murder against j. r. Clifford, father
OF Paul Clifford. who was held with
his son for killing Turner. This was
the only course to pursue after the
jury had determined that the son
caused the death of Turner. After
ward the cuort admitted j. r. Clifford
to bail in the sum OF $500 for his APP
pearsnce at the next term OF court on
the charge OF aiding and abetting in
the killing. There are three other
indictments against the elder man. all
on minor charges. A demurrer to the
higher indictment was overruled by
the court. Clifford was set at liberty
this afternoon, and will appear in
court the next term to answer to the
charge against him.
The motion for new trial in the
case of Paul Clifford will be argued
before Judge Faulkner In a few days,
and it Is believed that If the motion is
overruled the case will then be APP