The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-10-14

ONlG W. NlObAN lAAs "INOh ~
Oliver Z. Goodwin, who was muir
dered at his home on Grass Run
while asleep, the night of June s
last, having been tried this court or
the charge of numbering him and
haying been convicted of involun-
tsfrS nISnslaughter, was sentenced by
Judge c.. W. Lynch late Friday
evening to serve twelve months in
the county Jail from the date OF
sentence. in addition to the three
months she has been prisoner. The
! following order was entered in The
case:
- seThis day came again the State
by the Prosecuting Attorney, assist
ed by John Basel, Esq, as well as
the defendant in person, who was
sent to the bar of the court in Gus
7 tody of John NJ. Flanagan, Sheriff
and, Jailer of this county, and rep
resented by James E. Law, Esq. and
Edward G. Smith, Esq, her attor-
neys.
eThereupon the dcfendent asked
leave to withdraw the motion hereto.
fore made to set aside the verdict of
the jury in this case, which leave
was granted and said motion was
accordingly withdrawn.
EeThereupon the defendant moved
the court to enter judgment of the
acauittal of the defendant of the
felony charged in the indictment
and all other feIonies and each Of
them of which she might have been
found guilty under the said indict-
ment against her in this case, which
motion, having been argued by conn
sci and considered by the court is
over-ruled, to which Judgment OF
the court defendant excerpts.
sThereupon the defendant moved
the court to set aside so much of the
verdict of the jury in this case as
finds the defendant guilty of invol-
unta1y manslaughter, but not so
Z Ilnch thereof as finds the defendant
not guilty of felony charged in the
Indictment and not guilty of any
and all felonies of which she might
have been found guilty hereunder
in this case. and to grant her new
trial and in support of said motion
assigned the following grounds:
T. In overriding defendants
motion to exclude Charles F. Ran
dolph from the pannel of twenty
i1rEors. in this case. as unqualified.
ss2 In ovcrruling defendants
objection to so much of the testi-
mony of Alpheus Williams. Or. j.
q. Wilson. DIR. Ezra Cummings,
John t. Goodwin. Eli Estlack. Fl. L
Wells and DR.. W.. g. Forest. ms re-:
Iates to the revolver. claimed to
have been found in the houscsGf the
deceased, because said revolver IS
NOT connected S&ith the defendant.
IN NOR With taecTime charged, nor with
hesffecaSsed, sand had been tampered5
with before trial.
~3. In overriding defendant:
objection to the introduction of SAID
revolver in evidence. because it did
not appear that same had not been
hammered with since the commission
of tho crime. but on the contrary IT
did appear that this revolver had
been Tempered with and by the enc
mics of the accused subsequent to
The commission Of the crime and be-
fore its introduction in evidence.
"4. In overruling defendants
objection to so mucH OF t"S "
monv of the said witnesses, and each
of them, ms relates to the autopsy
performed during the week OF her
trial, in this court. because the sub
iect on which the said autopsy was
performed was not identified as the
hodv of the deceased, Oliver ~.
Goodwin. and it was not shown that
said body had not been tempered
with. if it was his body. subsequent
10 the intcrment thereof more than
100 DAYS prior tn the holding OF the
said autopsy, snid interment having
been in remote and secluded place
and the body having been ungunrded
after the interment and two autop-
:, sizes having been held over the oodv
y If the said Oliver L. Goodwin prior
= 70 its interment.
IS. In overrulinq the defend
ants objection to the, introduction
Of the bullet, or ball. claimed to
have been taken in said last named
autopsy. from the head Of the slb-
q jSsct on which tlle. ,sa1ne was per
{t5Stta.d asast- e.14alfSd TO have been
the bullet which was discharged