The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-01-23

Shortly after 9 o'clock last
night the state, in its case
against Hayward Manuel. charged
with the murder Of a. w. Ham
merle, Belmont county farmer,
rested its case. By this action
the defense was thrown OF It's
guard and asked that an adjourn
ment be taken TO allow time to
prepare a motion. The Jury was
attorneys for the defense went
into consultation. and they re-
turned to the court room. where
tney moved that the evidence be
excluded and that a verdict Of not
guilty be given.
In making the motion, Attorney
O'Brien cited the case OF State
W.. Nora Rose, which. he said was
very similar, In that the officer
who caused the arrest did so
without warrant. and added
tnst after such evidence had been
submitted, the court excluded the
ev'oenee and rendered a verdict
OF not guilty.
In the motion, Attorney O'Brien
recalled testimony. saying that
OFFICER Devinney had entered the
pool room and found the defend.
and on the floor: that he was
held down py W. o. Walker and
Phil Tyler; also according 20 his
own evidence. that the defendant
begged to be allowed to 90 home.
mus proving that he was a peace.
ful man, and that the crime MAS
not premeditated.
The motion was overruled by
the court without argument by
BY the state finishino its side
OF the case, u Is thouuht that ali
OF the evindence will be in be
fore this evening, and that the
Jury will have the case after sup
per.
Damaging Evidence.
Much damaging evidence was
introduced by the state durino
the day insuring almost beyond
a doubt = verdict Of guilty. The
defense however is Confident OF
an aequittal upon the grounds OF
self defense. excitement on the
part OF the defendant and lack Of
convincing evidence. Many live
iy Tits were INDUCED in by sttor
neys for both sides during the es-
animation both cross and direct,
Many times in the course Of the
trial Judge Robinson had 10 rap
for order. Men and women crowd
house during the day 70 hear the
trial and when the afternoon ses-
sion adjourned. many remained
In their seats without any supper
until the night session began.
Mrs. Hammerle. widow of the Il,
'cascd man, was In the court room dun
ng the entire day and evening. hut th
'train upon her was telling. She show
~ signs OF Weariness and nervousness
lften she would gaze at the accuse
layer OF her husband. IN defiance tt
alleged murderer seemed to take %
natter easily until J. W. Philips test
Jed. when he seemed to Vince unCe
ne gaze OF all persons. n il cNpecte
nat some sensations will be sprung Z,
iaN when the defense begins eNaminfn
- Witnesses. II IL understood that
arge number of witnesses have be,
summoned for -rcbuttnl
Rigid cross examination bv Attoren
, hrten Of the states witnesses fga
ured the day and showed TO tho castla
observer that he would endeaVor 10 ne
ute great deal OF their testimony 10
ebuttal evidence
.Attornev u. ". Mckee opeuoJ u.
arguments Tor the state. in which n
vent briefly into the ease. calling =
entiou 10 the jurors of their oath an
helr dutN 60 the state. lie asked tha
ucA De oNerncd hy the evidence VI
ala that the Witnesses would tell ~
'torl IN their own way. many .uuda
Ncitement but that the plain facts 9
.Hi5, HeNWard Manual did maliciourI
ei"niouSlN. Wilfully and without 4u
'ause Whatsoever. shoot and kin A. N
iammerle, huckster. Of LloydsvlIle
Following Mr.. Mckee. Attorney Fran
gBrten, counsel FOR the defense openr
ne ucItudants side OF the case. lie sal
.Ihf the jurors should not hold an
prejudice against The defendant owing
'is color. lie said mat while he kne
me tcellug That usually attended cas-,
ii lnls Kind yet popular opinion Sloffl
10Y nave any bearing on this cause. \
said he had intended TO ask the furv Z,
, verdict Of rot guilty and that trs ey
lcucc would warrant such "a verdict
View Scene OF Crime.
bei"rc ne trial opened the jury va
taken 10 the scene or the crime tt
prisoner was taken along. in the custod
'l SheIlH sweeney, and was rlNcn
nance To visit every portion OF the u0l
room ana building where the Grim
y men may cost him his life. took plac
During the time he seemed perfectly co
ihd collected ana smoked during the 10
-ucctiOn.
The Inspection bv judge Pobirso
called attendtion 90 ali peculiaritis
OF the building, and asked the jury
note the formation OF the rooms He
their relative positions Co one anotho
IhcN went from the alley back OF %
pool room through the kitchen into III
pool room and took the lock from On
OF the doors which was later intr0due.
~ eNldeucc They were also taken
|
carefully examined showing the nos
tigu or the living rooms OF this mau.
Tho Joseph Lamp company. Uadoi
Hotel and len HHcuucrts saloon -
included iu the tour. the places baine ,
prime importance Tor the proper heg
ing OF the testifuont Tho iur, b
turned about 1885 o'clock hut ae Cd
doctors who had been summoned 81
nocomc confused Boo tho time fhcv we
ip report court adjourned until g..
. clock whom the ursf witness rr
T.. cole. lprH1 uUNaiUIeu w.a called
Afternoon sesrion.
. M non court r"U0uNsrcd Hf O-cf0I
Tor the afternoon session Ur j. pfrr
Lfr cole was the first witness csflr
To-, ieisihed to the fact that Doc W..
1iled into consultation 600 wait upon %
Ieroasfi s.. vs. IfHwmerle ana OBJ.
Ir ln consultation with other physician
IeId Hu autopsy nf The Schroeder unrr
LNlnE Ua Inr. lir showed Tire rpur.
~ tho bullet whore ~ entered the De-
ide ~ the body until DO wac found ahoi
no. NIp. $50 rruae examination WAS r0I
Iurfcd ~ f... witness. He HfIrr faf
fIfn fIe under. fardIrr tIaf Ha would Z
Called H. l witness for t.e Iefersr.
IfN n. w. caldwell wHa called ra .I
7.Nf witness Tor f.r rf.IrfIn u..f
irEHI DIE o.OurI zion 'e replied Chat 2