Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1913-11-25
Trial Of E, Graham Wilson,

Walper, J. ,. klShtstlne, bart watson
Jr., c. William Snyder Lee Banks
Garland Heflebower Lee Markle
Harry Swimley, Roland Hammond
and Thos. J. West Jr. The entire
morning of the first day of the trial
was taken in the selection of the jury
and the opening statements of eoun,
sell On the part of the state, the
opening statement was made by Pros
ecuting Attorney George ID. Moore
who was followed by Attorney John
IL. Lee for the defense. Other at
torneys in the case were Col Forrest
w. Brown for the prosecution
Messrs. c. N. Campbell, OF Charles
Town; c. E. Martin, of Martinsburg
and Marshall Mccormick, of Berry
vile, for the defense. Early in the
afternoon of the first day of the trial
an adjournment was taken on motion
of the States counsel, TO enable the
jury to visit the scene of the alleged
crime on the Wilson farm. Court Of
ficials, Judge Woods, and the jury
with the accused, were then taken in
automobiles to the Wilson farm. The
party returned to town at 5 O'Clock.
No trial in recent years has created
greater interest. From the opening OF
the court Tuesday morning, the court
room was crowded, the spectators
coming from all sections of Jeffer-
son county, with large representa-
ton from adjacent counties in Vir-
ginia as well as from Berkeley county
The line of defense as indicated
in the opening statement by Attorney
Lee was that while the accused would
admit carnal knowledge, the extern
uating circumstance was that it was
with the consent of Miss Turner
that no force or threats were resort
ed to by the accused in accomplish
ing his purpose.
Miss Turner, the complainant, was
thefirst witness for the state. She
was put on the stand Wednesday
morning. The direct examination
conducted by Prosecuting Attorney
Moore, required about an hour. Then
the witness was taken in hand by At
torney Marshall Mccormick, for
croSs-examination. Every scrap OF
evidence adduced in the direct ex-
animation was gone over in detail.
All the resources oft he cross ex-
aiming counsel were exhausted in
an effort to break down the witness
story OF the alleged crime. All day
Wednesday, questions were piled, and
were answered, with directness OF
statement that made a favorable i'm
preston on the spectators assembled,
the conclusion being quite general at
the end of the ordeal that she had
made a most excellent witness. She
made the direct charge that the as
Sault was accomplished by force ;
that at no time was her consent
given.
AT the conclusion Of Miss Turner's
testimony Thursday morning, he SIS
ter, Miss Emma Turner. and aunt,
Miss Tomlinson testified Their testi-
mony was only corroborative Of that
given by the first witness. Then fol-
lowed the evidence Of Dr. William
Neil for many years the physician
in Miss Turner's family. His test
mony described the condition Of Miss
Turner after the assault. An attack
OF nervous prostration had required
him to visit her at intervals for two
months the past summer
Drs. J. M. Miller, c. L. Skinner and
R. Z. Venning were the other ply
sicians who testified for the state.
the testimony Of all of them being
descriptive Of the injuries sustained bv
Miss Turner corroborating DR.. Neil.
A long debate in chambers Friday.
VIII. tied up the case for practically the
entire day, was occasioned by the forts
OF attorneys for the defense to rule out
the evidence of Rev. H. NJ. Moffett, of
the Charles Town Presbyterian Churca.
and Rev. DR.. F. NJ. Woods, pastor Ct
the Martinsburg Presbyterian Church
and father of Judge John NJ. Woods, W he
is presiding at the trial MIR. Moffett is
the pastor of Miss Turner, and to him
she confded the story of the alleged as
saulf DR.. Woods became connected
with the case when he was called in con
sultation by Wilson's aged father and
visited the prisoner at the Jail
The attorneys for the defense contend
ed that the evidence of neither of tn.
ministers was admissible. on the ground
that the discloSur es to them by the par
ties was of priviled nature, and assucf
could OF be regarded as competent testi
mony. Judge Woods supported the view
of the defense, aud ruled that the testi
mony of his father and MIR. Moffet
should not be given. This was an in
teresting and unique incident of the case
The accused himsef took the stand or
Saturday in an effort TO coutrovert the
testimony already given by Miss Turnei
and other witnesses. He declared tina
he bad purposely msled his wife as t.
the events ct tae day en- which he /:
charged with assaultirg Miss Turner
but now that he was willing 10 tell The
whole truth. He dec'ar that any rela
tons there may have been between him
self and Miss Turner were entirely b,
her consent. He denied that any as
sault had be committed,
Upon their return to his house Wilson
said he had retired to his room to take a