The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-06-12
FIRST DEGREE
VERDICT ASKED
BY PROSECUTION IN THE HAIR.
vEY GuNloN TRIAL.
witnesses Tell Of Gunion's Being at
sherwood House the Night
OF the Murder

NHN SeSSHu vial VI harvey GuniOn,
for the murder OF Charles Sherwood.
which occurred on Saturday night.
September 3. 1911. was started yes
terday. in the Brooke county Circuit
>Court. at Wellsburg. The State is
represented by Prosecutor Ramsey. OF
Brooke county and the defense by
Attorneys G.. w. McCleary. of Wells
burg and ]. J. Coniff. of Wheeling.
The crime. which was a cold blood
ed one. is well remembered in this
city. II consisted OF the killing OF
Charles Sherwood. a we'll known char.
acter OF this city. by a blow from a
Ratchet Three men were arrested for
the crime. who were all tried al the
October. 1911. term OF court. VIII
liam Cheney was found guilty and
sentenced to life imprisonment; Shat
fer was convicted but was granted
new trial and the jury at Gunion's
former trial disagreed.
The following jury was chosen yes
terday morning for this trial: A. L.
Carter, Elmer Batchel, C. f. Curtis,
VIM. Gullette. n. T. Brown. II. II. Du-
val. S. c. Beatty. Jr.. Raymond Boyle.
o. c. Bane. John ID. Sanders, c. A.
Hin and b. VI. Brady.
Opening Statements.
After the opening statements by the
counsel for each side. the Jury was
taken TO the scene OF the tragedy.
In his opening statement. Prosecu.
tor Ramsey said that the State would
prove that the defendant was directly
responsible for the death of the muir.
dered man and would show IL by
nNfA
the jury return a verdict of first de.
gree murder.
Attorney Conif. for the defense.
said that there was no doubt but that
! Sherwood had been killed and that
the killing was cold blooded murder.
but that Cheney and not Gunion. was
the guilty party.
First Witness.
The first witness called was Amos
"Ducky' Jones. who testified as TO
the finding of the body on Sunday
morning. together with John Blanken-
sop. when hey went to Sherwood's
cabin for a drink. on Sunday morn
ing. John Blankensop's testimony
was practically the same. except that
he told as 10 calling Harvey Ferguson.
who was passing nearby.
Harvey Ferguson told Of the condi-
| ton Of the room. OF finding OF he
body. etc. and the State through him
/ Identified the Ratchet. the instrument
with which the crime was committed
| He said that he called the coroner.
! he was the last witness before noon.
Afternoon Session.
Inc hrst witness at the afternoon
session was Sam Gunion. a cousin OF
the defendant. who had roomed with
Sherwood until a few DAYS before the
death OF the latter lie told OF going
! there on Saturday afternoon and get
| ing his belongings after which he
went 10 McMechen. His story was
practically the same as lold at the
former trial.
DIS. {. r Werlich and ] g. Walk
enshaw. coroner OF Brooke coanty.
were the next witnesses. in the order
named. Through them the state
showed the me hod in which the crime
was committed and explained the
cause OF the death Of the murdered
man. They showed how a man
would have to stand 10 strike the blow
and from what pOint the most force
could be put into the blow. DR.. Walk.
enshaw told OF the holding OF the in
quest.
Convict Testifes.
The next witness for the safe and
the one by whom they expect 10
prove their case. was William Cheney
who was tried in October. found gull.
". and sentenced 10 the penitenfiary
Tor lie. Cheney was brought up from
the penitcntiary on Sunday evening.
and Will be kept here until after the
Shaher trial. which is set for Thurs
day
Cheney. before he would testify
wanted TO know about his Zee. Then
after he was sworn. be- told about the
same story that ne told on the occas
ions Of his own and Gunion's former
trial lie told o. knowing Sherwood
and OF his own and Gunlon's move
ments on the night OF the crime Ia
said that Guniou told him that tbi.
J would BE- a good nigh for tho lob a,
! sherwood was In pretty bad shane
Ramsey FOR the state "Did Gunior
ever threaten SherVood in your pres
enco7.. cheney lie did q When -
a. 'Ou several occasions
tie then told how GuuIon won't n
tho house ~ commit tho deed vbU,
h. Cheney went 10 Tho tree which
stood Of tho corner o. the I1t and
stood guard. Said bar he heard .
ratiliug among some bottles iu 10,
house. and thai ho heard somefbinr
drop ON the floor Then Gurion cam,
ont and thev wont down the aiiey to
rriher to Main street and In u round
abouiway fo the railroad Said frrI
Gunion remarked when h. came o,r
of 'h' house thlf Sherwood womb
bother mo- one rEHir
Tho defense then took Old the rro..
examination OF The witness
First Cegree.
cheney WHe subjected f0 q rfrfl
cross examination. buf The dcfenq.
refused 90 sh1ts h.a story foearI
fho same story ra 800 ftr nreyi9uI
hearing. while Mics Ruth uo~~ fe.
tilted she saw MAN shortly alto,
The lime of rho murder whom sh,
tlurrht was Chcrrt
Ld Mitchell deputy sheriff fol,
OF seeing man or tho Iancey.I.
road af time whom ra had rvorr
hr vas in bed A. cunt OF Gur'or
was c1IIri end affirmed 'hr. 90 on.
fine Gur.0n hnd taken H revolver an,