The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-06-26

Finds Second
DegreeVerdiet
Neu Trial viii
BeAsked For

MIDDLEBoURSE. W. Va, June IS.
1--WE, the Jury, find the defendant
guilty Of murder in the second de-
gree"
This was the verdict rendered by
the jury in the. John Holpp murder
case isst night at s;8S, after being out
only 53 minutes. John Holpp the
convicted man, took the sentence very
coolly as did his three sisters VINO
were in the court room when the ver-
dict was rendered. His attorneys
made a motion for new trial. claim
ing that the verdict was not rendered,
according to the evidence Produced.
The arguments will be made later. :.
At the close Of Judge Pugh's adj
dress. the Judge gave the jury tnei-
last instructions at SAG and the twelve
jurors filed out to the Jury room, ami
SO minutes later at 9:SS they stated
that they hadlreached a verdict Holpp
was ordered to stand up by the Judge.
The foreman Of the Jury then rendered
the verdict and the convicted man
showed no emotion. A faint smile ap-
peared on his face and he resumed mis-
seat.
Mrs. Roberts, wife of the murdered
man and sister of HoIpp, with her two
sisters, were in the court room and
like the prisoner they showed no
emotion.
Expects Second Trial.
AS he was taken back to jail by the
sheriff, Holpp said, "sheriff, that was
pretty hard verdict and think
that l will be granted another trial
by the court"
The last evidence in the famous
murder trial was given Thursday
evening. when both the State and de.
Tense closed. Yesterday morning when
Court resumed Prosecuting Attorney
Moore, made his opening address 10
the jury. He cited the case as a dc.
'liberate and premeditated murder and
asked for a first degree verdict. He
was followed by Attorneys |. NJ. I'm
derwoodt o. W. o. Hartman and j. v.
Blair, attorneys for the defense. The
defense asked for an acquittal, claim,
Ing that the evidence produced clear.
ly proved that, the accused SHOT and
Killed Roberts in self defense and
stated that ais life was in danger as
proven by witnesses, who safd.- tha;
Roberts on several occasions threat.
.enea to kill him. Judge PHgh, for the
State closed, He asked for first de,
gree murder stating that Holpp was
a dangerous character and had
threatened to kill Roberts.
Trial on Nine Days.
The trial lasted nine days during
which sensational evidence was pro,
thiced on both sides. The Jury plain,
" showed the nervous strain under
which they labored, as did the at.
torneys.
On the 9Th Of last January, William
Roberts. the murdered man with his
fox bounds left for short hunting
trip in the country from which ne
never returned. Kline days later his
dead body, was found weighted down
in an oil tank with several weights
tied around his, feet. a bullet hole
was found in ais head, entering the
rear. Several days later John Holpp,
his brother-tn,faw, was arrested at
New Martinsyille, while on adrunls.
T The accused man first stated that
'his brother-in.law-was- working in the
'eoal fields, near Huutipgton.r rhenext
.lI,y he stated he w4s, w5rking near
Morgantowni in the brick yards. iunal
placed on the witness stand, Tuesday
HoI7p, claimed he was innocent, ;bql
on the witness stand told a vivid ac
count OF the crime. claiming self ae
fense.
!, second degree murder means from
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