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■ Sfly SENTENCED TO 18 YEARS. COUNSEL WILL CARRY CASE TO I HIGHEST COURTS IN CRDER TO SAVE KIM.••I’AllKKHSEiriUl. May 17.-pni«sli -iiiwiiiu «*lt;juri gmats him a new trail Hoy I.(ii1bo:iK,lt; I he alleged slayer 1 ,)f Klrkcmliili will he in 1 the Muiiiiiisvlll*1 ii'-iiiienrjary vj»ui» in divti Uj serve a Kent mice of is yours• imposed Iiy Judge Mdsh at i:tl*abetJi. Senator Hruwn. leading counsel for 'ho defense will nrgm* for a now trlul. uiiil conlldciiily expects io git u,• The Jury h ille case relume! a vor-. tlict *.f si'poiai degree murder. tiio pen-. ully of which Is from five jo eighteeny-iiNi ami wfio/i Judge handed •liwii Id h decision l lie Hr.si of I he week Ih gave young I.edKome I ho limit.• Ml/fe .lfoss ,Hil nut consider for n . n oniont I In* argument* nlong the lineo' Hie niiwrlllofi law mid the argument (ini ICInfenifiill's death was produced hf the surgoon’.s knife did nut ujuiea] f him. The julgo thought ihut the evidencei wo* conclusive that Le.lsomo went minting for Klrkviidnll nrut that he wns not on bin way lo Hitch I* ccninly ) hen lie killed the man. An attempt was mmle by tin* nltprueya for the defense lo have (ho hoy‘sent lo the re-form school, hut I hut would only mean an Imprisonment of only four years ami ihu judge evidently thought ho 1 should suffer more and gave Iho young mail nil Hmt was In bin power.Senator Drown, who put up a hard 1 light for the hoy and this too without pay snld yesterday nfiernoim that he would most assuredly appeal to Hie supreme court. This tribunal will sit In Wheeling on June 10 anil Senator Drown will appeal to it for a new trial.• lie has a number of grounds on w-hlch io Itnse the appeal, but one of them 111 he that thu Jury wiih Improperly Instructed. ‘Another will ho that thu defendant did not have all Ida wit-nesses. The moRt important ground, however, Is being withheld by Sena-Ini' Drown and If he falls vti the other In? dues nut sec how the court can Urn it down.Senator Brown Is certain that he would have hud n much stronger cast?. Hid ho been able to product two or three witnesses who Ifmf been sum ironed, hut who failed to appear and believes that If ho Is granted a new Hlnl and that (hose witnesses have the opportunity to testify the result will he different. At any rate it can not he any more severe.Tho case attracted more *ttent!on than any which has been tried In Wirt county in a long time and opinions differed greatly aa to tho mi-« om'\ Win C'jmy pRopIc n/lt; n ride were not surprise I at the verdict of the Jury, hut cltkeun of Hi« district wore nnal/h* ffj nlt;o how a jury could llml Hi.' hoy gulllr In ih». ..«eon,| lt;,* grce after icHiiminy was nihliicci.l W “how fhar ICIrhetnhill had chided him atomc his tela Hons winj tho lm.v’.-. mol her.While the uttwrfffi n fnw enn not lie used as a defense. |r. Is the purpose of Sotuitnr llrowii ip l.r'.ng before Hu-m'Xl jury if In- is allowed a new trial evidenced which H will he hard for a Jury lo fort'.ei.
Newspaper Details
The Fairmont West Virginian
Fairmont, West Virginia, US
Fri, May 17, 1907
Page 4
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VA, USA 27 Sep 2021
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