The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-01-24

l ~ 81 LAA lDNs
Prosecuting Attorney Addleman
then grtlled the witness urmercfleSs-
~ for some time reviewing the cases
be had cited in his former eramina-
ton The state attorneys then held
short conference and decided To
rest their case. Mr.. Addleman had
spent almost two hours In his cross
examination. The alleged murderer
then left the stand. having been be-
fore the bench for about four hours.
RebuttsI Testimony.
After the cross examination of
Manuel. the defense gave notice that
they would rest their case without
calling anymore witnesses. A short
recess was taken while the state at
torneys arranged their order of re-
buttal
The FIRST witness called in rebu,taI
was Dr. !. b. Plant. county physician
ne was asked many questions con-
cerning the condition OF the man
Hnen ne attended him on the morn
ing OF the shooting. He was told 10
n .ne story Just as he remembered
me actual occurrences.
He said. Il was called IN the .,,r
.VoA'up oy william BUGGY TO attend
the defendant 1 examined -
wounds but did not find that the
were In any way dangerous. Ms men.
tai condition was good. asked one
OF the boys at the Jail to shave him
so ! could dress the wound. Manual
SAID mat the rezor was dun. told
MN 10 sit still He said. I'll be C
- II they are allowed TO mill
mis- hair as that head was his Man
ual said, Did | kill an officer I told
MIN thought he had. He said. Well
! reckon | Will get life for thai.
Manual also said. We don't get apv
SHOW here in Wheeling I told him
they did so long as they behaved
themselves. The man NAV have been
unconscious during the day. but he
dld not show IL when l was there. and
MS mentality was good would saw
that ne knew what he was doing ali
the time | was with him" The
wound. he said. could have been
caused by a sharpened instrument.
Inc pieces OF stove were introduced
at this point.
Put Out Of Depot
Detective Harler OF the r 4 n
force was called and testified thar no
/ had put Manual and his comuanion
on; OF the local station. lie said they
were acting disorderly and both
seemed TO be in a drunken condition
The detective was not crossexamined
/ Alfred Neuhan, elevator boy at the
-. & D. was the next witness called
and stated that Manual and his friend
mad come to the station and they had
/ uied TO raise fight with him. He
ldentned Manuel as the man, but
When Attorney O'Brien asked how the
] q
+ seemed TO get Manual and his friend
mixed. II could be seen that the Iad
was badly frightened by the immen
sity OF the thing and the idea OF be.
ing under oath.
Mr.. Duffy. another b. & o. man.
was brought on rebuttal, but his eve.
sight was found TO be bad and the
| witness was not examined
Manual was then placed on the
stand by the defense. and said that
ne did not have on red-striped
sweater. as the little boy had lust
testified. He further said that his
friend was dressed that way.
Attorney O'Brien said he was sur.
prised that the prisoners friend did
not have on a blue coat Both sides
then stated that they were ready 10
close the testimony.
! The defense asked that court ad-
Journ until this morning 10 give them
tme 10 prepare their Instructions.
This was strenuously objected to bv
the state, who said that they were
compelled to prepare their instruc.
lions while their cases were continu.
Ing. After considerable talk IL was
concluded TO adjourn until 8 o'clock.
Night Session.
The night g..1sfnu q
O'Clock and instructions were submit
ted TO thes court. Judge Robinson
I then gave Instructions 10 the iurv
which in part follows:
Inc court instructs the Jury that
they shall depend entirely upon the
evidence. produced in court and not
on any outside conditions That n
you believe the accused guilty. then
you snail bring in a verdict OF guilty:
you are not at liberty 20 20 beyond
| the testimony"
The following instruction Is thought
Dy the state TO break down the ics-
lImony mat the murder was not pre-
meGitated.
The court instructs the Jury that
me moment tho thought OF murder
/ enters the head that 10 Is Dremed-
Idteu' ana should so be found in your
verdict Fermentation NAV be AT
once or u may extend over a leng5
o.. ne court instructs the Jury that
~ from tue evidence. you believe thr
ldtiehdant, iiay Ward Manual. gutltv or
MURDER IN tirst degree. then Won snail
DIlh- M verdict covering the same
me court lnstructs the Jury That
pIeme didated murder in the n.st do
gree without recommendation must
mean elmer lac imprisonment or
hanging. With recOmmpnaations ia
shaii mean he shall be confined m the
. peniteutiary for al least i've and NOT
NOR" than eighteen year,
] Further instructions we're given
saying man may Nil and be exon.
I Grated i DEE does the same IN self.
defense. The jury must be convinced
! bey ono a reasonable doubt that the
defendant Is guuty before they bring
lh verdict TO such an effect Tho
jury Is 20 believe the defendant limo.
cent until he is proven guilty. The
court iuhuucts the jury that this Is
not a civil case but criminal ono
ana carries with it punishment bur
Z lhermore that colOred man has the
same rights in the law a. a while
man. and that there shall not be- any
bias or preIudiCed opinion
/ Following the instructions Assistant
F. Prosecuting Attorney d. s.. Mckee
4 opened the arguments for the state.
tie reviewed the testimony OF thu
F. states Witnesses and told Of their tes-
tmouy. He informed the jury OF their
. HHrFHu IIHr W.F milo a.. HH..H.