Ceredo advance. [volume] (Ceredo, W. Va.) 1885-1939, 1909-04-14
VINSON CASE
THROWN OUT OF FEDERAL COURT
IN SESSION AT HUNTINGTON.
Sudden Conclusion to Sem
satiOnal Proceedings
Against Deputy
Marshals.

Proceedings in the case of tie SIX
teen L nited States deputy marshals
charged with the alleged murder of
William Vinson in Wayne county
on the morning of December 8,
1908. were halted abruptly today
when Judge Keller of the federal
court sustained the demurrer to the
indictments offered by the attorneys
OF the defense. The demurrer was
offered by John S. Marcum, who
cited the fact that the word "wilful-
,ly" had been omitted from the bill
thus rendering it ineffective under
the statutes. Judge Keller upheld
the contention insofar as 1t concern
ed charge of murder, but stated
that the Indictment would probably
be effective for a manslaughter
charge. Attorney w. K. Thomp.
son, who appeared for the state, an
nounced that the prosecution would
prefer, in case the court did not be.
lIeve the indictment sufficient for a
charge OF murder, that it be quash.
ed.
ANOTHER DEMURRER.
Following the dismissal of the
murder indictments the defense de-
INJURED to the Indictment for larce-
ny found against Richard A Stone,
the contention being that the indict-
ment was faulty because 1T alleged
that the property had been stolen
from the estate of William Viuson
instead Of from the possession of
some specific person. Mr.. Marcum
stated his willingness to introduce
authorities on the subject, and Mr..
Thompson of the defense asked
that this be done. The court so
ordered and set three O'Clock as the
time for the argument on the de-
murrer. AT this juncture the de
fense offered to withdraw the d.
murrer and proceed to trial in case
the state was ready. Mr.. Thomp-
son insisted that the demurrer be
passed upon.
The case was taken up by the
court at the opening of today's ses-
sion. bon. John III. Holt, who
with his partner, Fl. G. Duncan,
and Mr.. Marcum represented the
defense, announced the intention of
himself and his associates to demur
TO the indictments, but stated that
ne wished first TO have the original
indictments as found by the Wayne
county grand jury filei as part of
the record of the federal court. 4.
Nj. keatley, the federal clerk, was
examined as to the authenticity of
the papers which were ordered fled
after he hal concluded.
FUTURE ACTION.
The quashing of the indictments
disposes OF the case unless the
Wayne county grand jury shall take
future action.
Few affairs which have occurred
IN the history of southern West
virginia haye attracted more atten-
tion than the one out of which the
indictments dismissed this morning
resulted. On the morning Of De-
cember 5, last year, posse consist
ing of United States deputy mar
shals and others deputIzed to as
sist them raided the home of Will
liam Vinson in Wayne county in
the hope of capturing Joe Vinsop,
alleged to have violated the internal
revenue laws. William Vinson re-
sisted the raid and battle ensued
between himself and the officers IN
which Wylie Literal of Lawrence
county, Kentucky, one of the raid
ers, and William Vinson himself
were shot to death.
The affair created great sensa-
tion and there was much regret in
Wayne county over the killing of
William ViDsoD, who had manv
friends by whom he was declared to
have been a law abiding citizen. It
was charged that the killing was not
justifiable, aud " ben the grand Jury
met there In February indictments
for murder in the first degree were
returned against Dan Cunningham,
Sam Davis, Howard Smith, George
T. Grass, Tom Cochran, Spik Poin-
dexter, Joe Messenger, Clark Mar
tin, Richard A. Stone, Bud Owens,
G.. ID. A1ree, James Hewlett, Ward
Brumfeld, John SsImons, Monroe
Salmons and Roland Salmons as the
result OF the death Of Vinson.
The men under indictment imme-