The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-12-19

$50 O'Clock He gaid No mad ofteu
seen the State produce nfmsey eyiden.
&c but never before had the State prov
cd an abb for the defense. Major
Nicely claimed that the state had
'not q leg TO stand on. He asked why
the state had not produced some OF
the shot that penetrated Thorn's body
and compare thcm with the shot that
were IN he Unused shells. The shells
offered in evidence were reloaded
smells and are dated 1901.
Prosecuting Attorney Walter r.
Haggerty made vigorous address to
the jury IN which he tore to pieces
MEjor Neely's sympathetic appeals.
Evidence connects up Commute. the
prosecuting attorney said and he ap-
appealed for conviction
Attorney Haggerty then ripped open
one Of the red papered shells and COM
pared It with the bullet, which under
taker Jones had extracted from, the
baby. He commended that the bullets
were the same. He pictured how the
accused went to the premises two
farms away and shot down aninnocent
man. Mr.. Haggerty referrer to send
ing him home, but added that he should
BIO sent to a reformatory. Then Mr..
Feggerty faced Commute and shouted:
The knows who is the guilty party"
but this boy Is Just as guilty as he
can be OF this foul and brutal crime"
Give him chance and send him to
the reform School.
Here council for the defense said
that there Is no law for the Jury to
direct he accused to be sent to re-
formed school. Judge Raymond rul-
ed out the reference to the Reform
ell School. Prosecuting Attorney Hag-
gerty contended that Commute knew
all about the crime and was guilty OF
nurder. He then attacked the "rea-
sonable doubt" which he said the de.
tense always clings to. In closing
Prosecuting Attorney Haggerty said he
thought that verdict Of either first
degree or second degree murder OF
voluntary manslaughter shauld be re-
turned by the jury.
Judge Raymond then gave the jury
Its final instruction and the case was
put In its hands at 1923 o'clock. Later
the jury returned its verdict and was
thanked by the court for its faithful
services.
Tuesday Afternoon.
Judge Raymond began to charge the
Jury at 3:45 o'clck. He stated that
first degree or second degree murder,
voluntary mauslaughter, Involuntary
manslaughter and assault and battery
we're included under the indictments.
He instructed the jury as to the SEN
fences of the foregoing charges. Judge
Raymond then outlined what was nee
essary to convict tho accused of the
charges. If he aided abbetted or in
coura ged the crime Of any act or in
tent maliciously or willingly aid it was
q prenediated offense a verdict Of first
degree should be returned. 1t was nee
essary however to be convinced be.
yond a doubt. The defendant is pre-.
aumed to be innocent until the State
proves him guilty beyond reason
able doubt.
Prosecuting Attorney W. r. Hag.
aerty began his address to the jury at
4:05 o'clock. He recalled the crime,
which occurred on September Is, and
contended that the defendant was sur.
rounded by the evidence and that he
either actually fired the shot or was
with the party who did.
Try as they may trey could not
duplicate the shells have in my hand"
said the speaker. There are different
colored shells, but those found in the
Morgan kitchen were all Of the same
color.
He asked how Commute knew
which way the shots were fired? How
did he know that shots would be found
in the tree II he did not fire the shots?
These circumstances he contended
must be taken into consideration. He