Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1913-11-27
Guilty, Imprisonment in penitentiary.

E. Graham Wilson was yesterday con-
victed OF criminal assault upon Miss Kate
Turner, and he faces long term of i'm
prisonment in the penitentiary at Mounds
vile.
Wilson, who has for years been
prominent farmer and stock-raiser OF this
county, residing south of Charles Town,
was last June arrested on the charge oil
having criminally assaulted Miss Kate
Turner, Charles Town lady of unblem-
ished character who had been visitor in
his home. He. was placed in Jail. where
he has remained ever since. At the
present term OF court he was indicted for
the crime, and his trial began in the Cir
cult Court at Charles Town last Tuesday.
The Register last week gave an account
of the proceedings up TO Thursday.
The prosecution rested its case on Fri
day, after most OF the day had been spent
in arguing as to the admission ofteStimo-
ny by Rev. DR.. Woods, of Martinsburg,
and Rev. Mr.. Moffett, OF Charles Town.
On Saturday Wilson, the defendant,
was placed on the stand, his direct ex-
animation being conducted by his leading
counsel, Capt. John L. Lee, the noted
Virginia lawyer. Wilson testified that
the effense had occurred, but il was with
the consent of Miss Turner, and was
therefore no crime. Those who heard
his evidence were OF the opinion that
he seriously damaged his own case and
that his story was too improbable to be
believed. Under severe cross exami-
nation by Col Forrest w. Brown, his
testimony was weakened still further
and it was apparent that his appearance
on the stand had done him more harm
than good. He had made bad impress
ion upon the jury and upon the great
crowd that filled the courtroom.
Mrs. Wilson, the wife OF the accused,
testified in his favor, and did what she
could to help his case. but nothing OF
importance was elected from her.
Monday was taken up with the exam
ination of various witnesses for the de-
tense and the prosecution and in bringing
out evidence in rebuttal OF previous test
mony. Tuesday the examination OF wit
nesses was concluded, and in the alter
noon argument by counsel was begun.
Prosecuting Attorney Geo. D. Moore led
off for the State. He was followed by
Captain Lee, for the defense, who made
one OF the ableSt and most eloquent ad-
dresses ever heard in that courthouse.
Although he had bad case. he made a
powerful speech, and jurymen and audi
ence were at times moved TO tears.
Hon. Marshall Mccormick followed Cap
tain Lee for the defense, and Col. Brown
made the closing address for the prose-
cuton. Court adjourned for the night at
1920 o'clock. The court room was
crowded to Sufiocation all day on Tues
day.
"Wednesday morning at 9 o'clock court
was agaiTconveued, and the case was at
once placed in the hands of the jury.
The jurymen retired at 90, and at II
o'clock they reported that they had agreed
upon verdict. There was intense inter
est and suppressed excitement as the
jury took their seats. The fact that there
had been an agreement so soon was re-
garded as bad omen for the prisoner,
and his face flushed. Clerk Daniels poll
ed the jury, and the foreman, M. L.
Engle, announced the verdict. II was
guilty /" with the recommendation that
tine punishment be imprisonment in the
penitentiary. Wilson maintained his
composure as he heard the decree-it
may be that he appreciated the fact that
his life had been spared, for had not the
jury recommended Imprisonment, death
would have been the penalty.
After the necessary formaitieS had been
gone through with, the jury was dis
charged and the prisoner was returned
to jail. The counsel for the defense made
motion for new trial, and if this is re-
fused, an appeal to the Supreme Court OF
Appeals will be taken. 1t is said, how
ever, that there is positively no error in
the case so far as the State is concerned,
and but ilimsY ground on which to ask
for a new trial or on which to take an
appeal. The argument for new trial
will be heard by Judge Woods on De-
cember 10th.
The jury found but little difficulty in
agreeing upon vertict. While it was
out for two hours, it is said that most OF
this time was taken up in reading the
judges Instructions. Every man was OF
the opinion that the accused was guilty,
and a couple OF them favored the extreme
penalty. The verdict is one that meets
with practically unanimous popular ap-
proval-We have not heard one person
express the opinion that Wilson was in
nocent OF the crime charged against him.
1t is the general belief that justice has
been done.
u