Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1917-10-13
Ten Witnesses are Called Upon by the State
Before Court Adjourned at 1890 for
The Noon Intermission :.
Mrs. Thurston, who Resided in the Same House
as the Defendant, kept on the Witness
Stand More than an Hour

Charged with having murdered child whose life
this world but few hours Mrs. Anna Fiery, young
Edow being tried in Circuit Court today before Judge M
Woods and Jury of twelve The trial began this
ing and the adjourned for ntermsson, ten
Witnesses all for the had been called to testify
Trial Starts at 10 O'Clock
Mrs Fiery who has been in jail since leaving the Kings
Daughters Hospital where she patient several days after
arrest brought to the court promptly at $3.50
loving Jury was drawn: j. W Barker W. NJ Boltz G. w. Ke
seeker L. Drewry j. D. Dillon, E. Matthews, c. p Thomp
Nelson Tavenner NJ L. Tabler j. W. Emerson rage Cline
and w A. Thatcher.
mot Guilty Is Defendants Plea.
After all preliminary arrangements had been completed the
Indictment charging Mrs Fiery with having una1uy Eea
infant whose is unknown read by Circuit Clerk
L. Dew Gerhard The stood and without any emotion
replied not guilty" to the charge.
Mr.. Nol Makes Opening Statement.
Prosecuting Attorney Allen Nol made the opening state
men the jury prior which he read the Indictment stating
spoke briefly asking the jurors to rid their minds OF suspicious
and gossip and render a true verdict.
Garbage Man First Witness.
The prosecuting attorney called for E. N Kane at 1o4o
o'clock the initial witness for the state Kane, who drove
the garbage wagon for the city, the finding of the
infant testified that he had found the body Of dead baby in
garbage of Mrs Ferys apartments West King
street. on the morning of July 10 last He said the garbage was
m an old lard and moment later identified can ntroduc
ed by Mr. No the which he referred 1t was then IN
Uoduced' in evidence.
Other Witnesses the Stand.
Following Kane George Marten who drug store
the home of Mrs Fiery City Tax Collector Charles H. Da
son who at the city hall when Kane brought the baby
u
charge of the body placed the stand The prosecuting
attorney reserved the right to recall the last two witnesses later
the trial Papers produced by the funeral director which
ne claimed the in which the child wrapped They
were principally copies Of the Martnsburg Journal N Fiery
member of the Journal force then placed the stand and
stated that Mrs Fiery subscribed for the Journal at the time OF
er arrest He then asked by COL Walker any other te
subscribed for the at that tme to which ne eped
mat there large number of them.
On Stand More Than Hour.
Before II o'clock Mrs F. L. Thurston who resided In the
over noor of the Porter property front OF which the child
found placed the witness stand and kept there until
ABOUT fifteen minutes after twelve She testified that she had
@ Mrs Fiery the morning of July 9 and that she appeared
and slc but that she had scrubbed the porch in front OF
W property early in the and had carried 20 pounds OF
ne up the stairway She also related happenings of the days prior
July 49, and said that had heard mans footsteps in Mrs
flerys bedroom
Heard Woman Refer to "Jm"
r. Among other things Mrs Thurson said she had heard Mrs
y plead with and called him jim She said that James
who is accused by the state of having been connected with
murder OF the child had been frequnt caller at the apart
ns OF Mrs Fiery for time previous Mrs. Thurston
owed by Officer D. c. Sebert James Dyche and B. F. Brown
found ~ - ~, ~ " ~ - -