The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-05-04

put him back ne then picked mp 4
number OF atones and b cyan throwing
|Efhean d capt III Ilswsso1 and Captain
Bloya Captain awson then pulled
his sreEolyef and ired into the air sess1
erals amea to frig Zen the gintlriat ea
negro:
This had no erect Whatever anil
Ithep risoner began ad yancing toward
| the ofilcers and ntinuetl To fire the
stones at them. He came to within
ten feet Of Captain Dawson. VII en- the
Captain yelled Jeff you don't 60 back
osyour cell peaceably z will kill syou:;S
81 II dare youf to kill me-. You ara
afraid to hill me! = responded Briggs
AgaInsts the all.
BY this time Captain Dawson and
Captain Bloyd had backed their steps
until they were standing against the
prison wall and the negro had them
|cornered. He still was throwing
stones and several OF them had sruck
both Captain Dawson and Captain
Bloyda Seeing that he could afrord
4 to take no more chances, Captain Daw.
son5ilred straight at the negro and the
bullet took effect in the upper part,
OF the thigh or near the groin.
This did NOT stop Briggs and he
kept on advancing toward the two Of
hcers and continue dpicking up and
firing rocks. Z Il * 81
IlEl9a4t4F{ cbrf TkrotIni, II = - iisf
Captain Dawson II red the second.
time and this time the bullet entered
the negro's'lef breast n ear the heart.
killing him almost Instantly HE how
ever. walked a bout fifteen feet after:
he was shot and then sank to the
ground. When the officers rushed to,
his side they found that he was deaf.
The body YVES taken to the prison
hosnital. When the killing took place
the negro. was but few steps from
Captains Dawson and Bloyd. Both
Captain Dawson and Captain Bloy,l.
who We're struck by the stones, are
badly bruised on several parts OF. the
4 body. but were not seriously hurt.
CAPTAIN Dawson Immediately noti-
fed Coroner NfeCombs, OF Marshall
county, who arrived at the prison us
soon as he could get there. and sum
! moned jury. The jury was empan-
eled and after the testimony OF eye
Witnesses was heard a verdict was
rendered jststifsing Captain Dawson
in killing the negro. q. .5s5. !.
- l. 4
The following Is the verdict rem
dered by the jury at the Inquest,
which was held Mt Q o'clock
We the jury find that Jesse Briggs
came to his. death by gun shot wound
inflicted BY Captain C. G. Dawson on
May. 2. 1908, Mt the West Virginia pen
itentiary at Moundsrille, in Marshall
county. w. Va. and further find that
the killing was justinable under the
circumstances. 4, *
The jurors were DIV. Byrnes, J. F.
Fisher, W. H. Hood. James Purjnton.
| O..V. Anderson and Charles McGamic.
Two members Of the State prison
board who happened to be mt the pen
itentiary at the time attended the in
quest and after hearing the evidence
expressed their approval OF the ac-
ton that Captain Dawson had taken
in going SO, far as to kill the prisoner
in defense OF himself and other
guards. The inquest was held In the
assembly room OF the prison board.
Briggs is big. bnrly negro, and
had been sentenced to be hanged.
While awaiting the death penalty the
sentence was committed to one of. life
imprisonment. The crime for which
he was sent ZIP was that of first de-
gree murder.
Briggs Record.
Briggs was coal miner from Fay
cite county. where his crime was COM
mitted in December. 1903. He was
sentenced by the criminal court OF
that county on February ?, 1904, for
first degree murder, he having been
convicted OF the killing of Woodson
Lyons, another colored miner. (.
i He was received at the State peni-
tentiary February 5th. three days aft
or he was sentenced and at once his
attorneys began working for a new
trial. May G.! 1904. was the date fix
ed for the execution, but on May 5th.
the day previous to the time set for
the hanging the Supreme. Court order
4 ed a new trial upon granting n writ
of error. A new trial was had and the
defendant was against found guilty. OF
first degree murder. The case was
taken to the Supreme Court for the
second time. bnt the court this time
affirmed the lower court, on Novem-
Der 18th. 1905 Z.
On June sth. 1906. the criminal