The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-01-07
BY DWIGHT n. rErER

NlleV nine nOuTS OF kilo
case OF Andy Surgent. on trial for the
mprder OF the Burkhardt women in
Martins Ferry moro than Is months
ago. went to the jury at 9:0S last night.
Judge Charles J. Lynch made the
closing address for the state and con-
sumcd three ho..ss III StatIg his arSu-
mrnt. completing shortly after o'clock
last night Judge Cowen then read
some eighteen pages OF closely type
written instructions 10 the jury and
ordered them TO retire and agree upon
- verdict.
parlnc the wh"I" oc the arguments.
wu!rh lasted the entire day and ran
over into u night session. the court
house VAS hacked as never before.
Every available hit'Of space. including
the Enclosure reserved for attorneys
nud court officials. was crowded TO
",crtlSw!ng. and there were large
crowds around the several doors and
in the corridors or the court house.
Interest seemingly had Centered In tho
clo>in.; arguments and everyone who
had heard parts Of the testimony was
there seeking admittauCe. Special
guards were placed at the doors to SEQ
that the jury Was not crowded out OF
the box and the judge not showed off
tho bench.
Judge Lynch Closes
In mastcrful and scholarly argu-
mcnt lasting over three hours. Judge
Charles ]. Lynch closed tho case for
tho state Judge Lynch had not APP
pcRrod before jury In II criminal case
since he had been elected 10 tho judi
Cial bench. over twelve years ago. and
his appearance yesterday savored much
OF that OF the debutante. though his
presentation OF the case and his ArEu-
ments were smuhaticAlly those OF the
seRBonrd Jurist.
Opening h.s address with an attack
on the evidence submitted BY or
neys for the defense. he said the
ACCUSED had presented no case Yer
In the light OF legal tenets. hNe'erNat :
IN" evidence submitted IN Andy Sur
gents favor was OF character that
Was deserving OF no consideration what
ever by an enlightened jury.
In tho very opening sentences OF his
argument judge Lynch took the attor-
ucys for ihe defense 10 account for the
"ScurCluus and unprorcsS!onal" way
th.y had said and intimated things
about the counsel for the state and the
Intonations they had cast about the
methods employed during the trial OF
Andy SurgCnt. Judge Lynch said that
II was easy for him 10 understand just
Why these two lawyers would resort to
such tactics. but that he was surprised
that they would carry their scurrlity
to the extremes they did.
All frightened
II know" said Judge Lynch. why
counsel for the defense have stopped to
the pett,:ogging methods they have In
this case. and why( they have attacked
the honesty and integrity OF opposing
counsel. II Is because they are fright
rned. Gentlemen OF the jury. they are
scared TO death. Attorney Thornburg
Is scared: Attorney Lewis is scared.
But. gentlemen OF tho jury. the man who
is scared most OF all IS the man sitting
directly behind Attorney Lewis, Andy
Surgent. the prisoner at the bar.
., Judge Lynch. though he had not aG-
dressed n jury for SO many years. had
lost none OF his cunning and had not
forgotten any OF his eloquence. He
dwelt at length on the numerous re-
marks concerning counsel for the state
that had been made by Attorneys Thorn
burg and Lewis. and in manner AZ
sarcastic as II was courteous. fayed the
defendants counsel in no uncertain
manner and In n way that entirely COM
prnSated for the many d!Sagreeable
things those attorneys had said and
iutimatcd during their arguments
Judge Lynch said that counsel for the
defense IN their arguments showed that
llcy were Krasping ut straws. and that
they were too frightened to base their
addresses on the evidence az II was
introduced in open court. He said that
the evidence brought out by the state
was such as did not admit OF contra
dirtory testimony except that introduced
by evidence given by the witnesses
called By the defense. and not by theO-
RIGS oI rccrImlnatlons and vItriolic