The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-06-06
The FAMOUS
CASE COMES
TO AN END

lU AN Emu
FrankiWriSht and his wife are once
more enjoying the air of freedom.
~ Mrs. Wright, who was indicted by
agrand jury for the murder Of Jacob
9Payton and who by another
grand jury was jointly indicted
X with her, husband, Frank Wright.
for the same oTense was with
him. dismissed from the joint in
dfctment this morning by Judge Ma
son.
Mrs. Wright was twice tiled by a
Jury for the crime Of which she was
indicted. These trials were Sc recent
that the history OF them is sti1l ia
miliar to our readers. AT neither Of
these trials did the State to the sat
isfaction Of the jury prove the guilt
s.ot the parties beyond reasonable
doubt Both the juries hung. A new
trial was setsfor the eleventh Of June;
tosbe tried at this term OF court But
the prosecuting attorney thought it
mot wise.to go on with the prosecution
at this time and asked the court to
nonesthe indictments.
Below we give Judge NIason's opin-
ion in passing upon the motion OF
Prosecuttng Attorney Lowe
state VS.. Frank Wright and wife
motion to dismiss.
Under the laws Of this State no one
can be held to answer for felony
unless on presentment or Indictment
sofsa grand jury 1t is for. the grand
SjuHes OF the State to determine wheth-
ssersor not any person shall be prose
Scuted for a felony. When an indict-
ment IS returned and a record Of the
finding made by the court. then all pro-
$ceedingS= thereafter are had under the
direction of the court. The court hav-
ing charge of the case has the power.
and no doubt the absolute authority
to dismiss without trial, any indict-
ment. The action of a judge in such
cases could probably only be ques-
toned or inquired into by inpeach-
Sment. This power. then, being 50
great and exercised by the court at
discretioa, 40 Judge is willing to nol1e
a case except when 1t clearly appears
1 proper to DO so. Unless something is
made to appear justifyinS a different
course, it is TIE duty OF the court 20
put the person charged wit. an OF:
tense, on his trial before jury. Tais
Is the regular and the only proper
course. forSthe court to pursue. unless
1T bemade plain. that the court should
intervene and stop the prosecution.
I 1t win beapparent to all that this e
"a power which courts sho"ld exercise
with great caution. An improper, CT
Seyens careless or reckless use of this
5authority would invite and encourage
4lsIaWlessness:
s. IN the case now under conside-a
tIon, a Joint Indictment was returned
sythe. grand jury against Franz
Wright and his wife charging then
with the murder of Jacob Fayton. The
defenoants elected to be .rled sep's
Tately, and Mrs. Wright was put u;,or
<1-1N d4leE 4d44 N-SSa5EtASL
the jury failed 10 agree, some Of the
Jurors being in favor OF coavictior
and some Of acquittal She had pre-
.eviousIy been tried upon another indict
;sment Charging her with the same Of
Tense and that.iuy also failed tc
asree. So. that Indictments were re
turned against her by two sraof
jnries; and some of the jurors in eacl
ofsthe two trials were Of opinion tina
avidence against her was SUN
Client, beyond all reasonable doubts
conyfct Thiswa tne condition Of tht
caseatsthe close OF the last trial WIRE,
Concluded onsPage F1yeJ