The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1912-08-08
AS the State Supreme Court
Believes He Acted in
~ Self Defense.

81 Il
CHARLESTON. a.Aus. s.-John
Waldron, former deputy United States
marshal from McDoweIl county. who
was sentenced to ten years in the pen
itentlary for shooting and killing Benz
Tate and Charles GilMspie, in brothel
in january 1910. has been
fighting with ensrgE, to get new triati
and after the supreme court went into
the merits OF his petition for a new
trial, 1t reversed the decision of the
lower court and awarded a new trial.
The decision was reached by the
higher court at the term held in
Wheeling this spring, but the decision
was not returned until yesterday when
the court was in special session.
The evidence brought into the
case, after waldron was indicted for
first degree murder, was to the effect
that he had gone to the 1rothei for
the purpose OF making arrests of sew
eral persons for the Illicit sale of in
toxicants. 1t was shown that Waldron
had been enticed into room; while
Constable White had gone for war
rants for the arrest Of certain In
mates of the house, and that while
Tate, Gillispie and fWaldron were In
the room the. shooting took place
which caused the death of the FIRST
two named. Waldron pleaded self de-
Tense, but was convicted OF second
degree murder.
Judge Miller, who rendered the de.
cIsIon OF the supreme court, finds that
when self defense is relied upon anC
there is some evidence that deceased
was the aggressor. evidence of his re.
cent act or acts of violence even to,
wards third persons though uncom.
munteated to defendant. and so con.
nected in time, place and circumstance
with the homicide as to likely charac.
terlze deceased's conduct towards de
fendant, ought to be admitted to SHOW
the quo amino, for the question ther
is what the deceased probably did
not what the defendant thought h.
was doing.
The general proposition contained
is an instruction that the law of sci
defense is the law of necessity, no
limiting 1t to apparent necessity.
For reasons appearing to \the cour
it was ordered that the appeals o
wrIts of error heretofore awarded Il
the following cases be and the sam,
are hereby dismissed from the dock
ct OF the court:
! e. IF. r. Judy VS.. Annie Summers
ct ais, from Kanawha county.
Josephine B. Bryan vs.. Andrew II
bryan, from Kanawha county.
Thomas w. lowering ct al, partners
etc. VS.. Alice d. Burgess, from Mer
Ger county.
| C. A. Smith VS.. The E. w. MARYLAND
company. ct al. CNo. 1899. from
Hancock county.
C. A. Smith VS.. The u W. Mar
land Company, ct al, ono. $3.50, from
Hancock county.
Emma Copenhaver ct al VS.. Cells
Tenant ct al, from Tyler county.
Edward Duesser vs.. George w, Rice
from Mason county.
H. ID. rHulings VS.. George F. Jones
ct al, from WOOD county,
"A. w. Lewis US. Ballard P Byrd
administrator, ETC., from wyominl
county.
State of West Virginia VS.. Lem Ad.
kins ct al, from Lincoln county.
! S. *. Brown VS.. The National Loar
and Investment Company, from Cabel
county.
Asa L. Eddy VS.. Big Creek Develop
ment Company. from Lincoln county
George w. Morgan vs. Logan Gro,
Gerry & Supply Company, from Logar
county.
State of West Virginia, VS.. Waite
Davis, from 'aftngo county.
W. C. Cook vs.. H. NJ. Cline ct ais
from wyoming county
Glade Run Coal and Coke Compan!
vs. MaCuHoch Coal and Coke Com
pany.
John o'Hara vs.. T.. M. Wright. from
Tyler county.
NJ. Terrell VS.. Joel Cottrell ct al
from Kanawha county.
| State of West Virginia VS.. Richard
Atkins ct al, from Caben county.
Buffalo Galleries Company VS.. Ev
erett Leftwlch ct al, from Ming,
county.
/. e. Nv. Russell VS., g. p. Fetty. from
| Tyler county.
Elias Clinton Layman VS.. Town o
Adamstou, from Harrison county.
Matilda &C. Walker VS.. James Mad
son Walker, from Wood county.
Charles NJ. Ernst VS.. County Cour
of Harrison county. from Harrison
county.
w. M. IMelEhen VS.. G. s. McFadder
ct ais, from Marshall county.
John S. Farr VS.. D. f. Matthews
Judge, etc, from Marshall county.
The Gallego Coal s. Land Company
VS.. j. w. Maynor ct al, from Fay
cite county.
state of West Virginia vs.. Clint
Hanna .(mIsdemeanor No. y, from