Dr. C. H. Smith Arrested Third Time for Same Offense, Let Go

The Marietta Daily Times, January 6, 1908

The question as to whether or not Dr. Charles H. Smith of this city is a fugitive from Justice from the State of West Virginia was before Judge Jones of the Court of Common Pleas, in chambers, Saturday afternoon, and was continued until this afternoon.

Dr. Smith was indicted in Pleasants County, W. Va., in September last, for performing a criminal operation upon one Gertie Brown, from the effects of which she died. The Grand Jury indicted Smith and J. J. Powell for murder.

Several attempts had been made to get Smith over the river but they had failed and this time a requisition for him as a fugitive from justice had been made by the Governor of West Virginia upon the Governor of Ohio and had been honored by the latter.

Smith was arrested on the requisition and, as is required by our statutes, was taken before Judge Jones by the Sheriff for a hearing.

Prosecuting Attorney Follett appeared for the State and W. S. Hancock for the defense. The Prosecuting Attorney, and Sheriff of Pleasants County and Attorney Craig, of St. Marys, were at the hearing.

The question at issue was whether or not Smith was a fugitive from justice from the State of West Virginia, as it was not claimed the operation was performed in that state. Under their laws the crime was committed where the death occurred, they claiming that Smith was constructively present and that he is therefore a fugitive from justice.

At 4 o'clock Saturday the hearing was continued until this afternoon.

* * *

At 1 o'clock this afternoon the hearing was resumed. 

In his testimony Smith had stated that he was in Parkersburg in October last, which was since the finding of the indictment, and that raised the question as to whether or not going into a state and coming out again made him a fugitive from justice in that state.

Prosecutor Follett submitted what authorities they had found which he admitted were few.

Judge Jones discharged Smith holding that he must have been actually and bodily, and not constructively, in the state when the crime was committed and must have since fled into another state in order to be a fugitive from justice, within the meaning of our statute.

He quoted a number of decisions favoring that view of the case.

This hearing has nothing whatever to do with Smith's guilt or innocence of the crime as it was soley on jurisdiction as to whether or not he could be extradited on the charge under our laws.

The Pleasants County authorities claim they have the dying statement of the girl and other evidence to convict if they can get the accused into their custody.

What their next move to get him will be they did not disclose. 

The Killing of Lewis Mitchell by Colby C. Coleman

The Marietta Register, September 7, 1865:

A distressing affair occurred on Eight Mile creek in Newport Township on Thursday night of last week, August 31st, by which one citizen lost his life at the hands of another. A company, of which Lewis Mitchell was one, were on their way home from a singing school, and while passing the house of Colby C. Coleman, the former went into the orchard of the latter to get a few peaches. Soon after the report of a gun was heard, and Mitchell not appearing, search was made, when he was found under a peach tree, dead, with a few peaches in his possession. The corpse was suffered to remain where it was found until the next morning.

The Coroner was then called, a jury summoned, and a verdict given in accordance with the above facts. The ball, it seems, entered Mitchell's left breast, near the heart and lodged in the shoulder bone. Mitchell leaves a wife and two children.

Coleman was arrested, examined before Esquire Hill, bound over to Court, and placed in prison. Afterwards, he gave bail in the sum of $3,000 and was released.

The Marietta Times, September 7, 1865:

Lewis Mitchell, a citizen of this county, living on Eight Mile creek, in Newport Township, was shot and instantly killed by his neighbor, Colby C. Coleman, on Thursday night, August 31st. The particulars of this sad affair, so far as we could learn them, are as follows: A party, of which Mitchell was one, were returning from a singing school and while passing Coleman's peach orchard, Mitchell entered the orchard to get a few peaches. Soon afterwards the report of a gun was heard; and Mitchell failing to make his appearance, a search was made for him, when he was found under the peach tree, with two or three peaches in his bosom, one in his hand, and a piece of one in his mouth. The corpse was left lying until the next morning, when the coroner was summoned. It was then ascertained that the ball had entered Mitchell's left breast, near his heart, and had lodged in his shoulder-bone. 

From all we can learn, Mitchell was a quiet, inoffensive man, respected by all his neighbors. He leaves a wife and two small children.

A warrant was procured, Coleman was arrested and tried before Esquire Hill, by whom he was bound over to the Court of Common Pleas, and in default of bail, was committed to prison.

Below we give the verdict of the coroner's jury:

We, the undersigned, jurors, impanneled and sworn on the first day of September, in the year of our Lord, 1865, at the township of Newport, in the county of Washington, by Lemuel Grimes, coroner for said county, to inquire and true presentment make, in what manner and by whom Lewis Mitchell, whose body was found in Colby C. Coleman's peach orchard on the last day of August, in the year 1865, came to his death. After having heard the evidence and examined said body, we do find that the deceased came to his death by a gun-shot, fired by Colby C. Coleman. Said body was found with gun-shot wound in the left breast.

Given under our hands at the time and place of said inquisition above mentioned.

Israel Irwin

J. S. McVay

William McVay

James McCoy

Thomas A. McCoy

Adam Wagoner

The Marietta Register, September 14, 1865:

The account we gave last week in reference to the shooting of Lewis Mitchell in Colby C. Coleman's peach orchard on Eight Mile, Thursday night, August 31st, has caused much comment. We are informed that scarcely anything was true in the statement, except the fact of the killing.

We have information that we cannot reject, that Mitchell had not been to the singing school at all, which was at George W. Hill's; that if he had, he was over a quarter of a mile out of his way, while in Coleman's orchard; that about half a peck of peaches were found on his person after he was shot; and Mitchell was not, as stated in the Times, a quiet and inoffensive person, and was not respected, but was a trifling man of not good character. 

It appears further, that Coleman had been greatly aggravated; that his peaches had been stolen in large quantities; that the bark had been stripped from his trees and the branches broken down; that even boxes of peaches prepared for market had been stolen; that he had told the depredators that he would shoot them unless they quiet their evil ways. 

The result is, one man killed and another in jail to await his trial. The facts, of course, will then come forth. It is doubtless true, that if these people had minded their own affairs this distressing affair would not have occurred.

The Marietta Times, October 19, 1865:

Court of Common Pleas

The September Term closed last Saturday night. The litigated cases of a civil nature posses no interest for others than the parties who were at issue, and so we shall not report them. The criminal cases - in part - are:

. . . State of Ohio vs. Colby Coleman. Murder in the Second Degree. Guilty. Sentenced to the Penitentiary for life. This is the individual who shot Lewis Mitchell in Newport Township on the night of the 31st of August, as Mitchell was passing through his peach orchard. Mitchell was about 35 years old; the prisoner is 57. This was the most important case tried by the court and elicited a great deal of interest.

The Marietta Register, October 19, 1865:

The Court of Common Pleas for this county, Judge E. A. Guthrie presiding, closed its October Term for 1865, at about 11 o'clock last Saturday night. It was an exceedingly busy and laborious term of eleven days. . . .

The Trial of Colby Coleman, for shooting and killing Lewis Mitchell in his (Coleman's) peach orchard on the night of Aug. 31st last, on Eight Mile Creek, in Newport Township, occupied fully two days. Col. David Alban, the Prosecuting Attorney, was assisted by M. D. Follett. For the defense, Knowles & Loomis. The Jury consisted of John Milligan and D. C. Perry of Barlow, John Boston of Liberty, W. A. Hawley of Beverly, H. H. Cole of Warren, and John C. O'Neal of Belpre, of the regular panel, J. S. Sprague, D. D. Rosseter, and J. L. Deterly of Marietta, Isaac Spaulding and T. K. Wells of Harmar, and W. Priest, talismen. It was a good jury. The charge was murder in the second degree. Thirty-two witnesses were examined.

It was in evidence that Coleman's orchard had been robbed of peaches to a very aggravating extent, that some of his trees had been "barked," and some limbs were broken down. on the night of the 31st of August, about dark, Coleman went into his peach orchard with a rifle and a revolver to protect his property. After he had been there about half an hour, probably a little after eight o'clock, Mitchell went into the orchard for peaches and was there shot in the left breast and killed. It was a moonlight night. There was no evidence that Coleman gave him any warning, or that he called upon him to halt.

After a thorough investigation of the case, the Jury returned a verdict of guilty, having been out about three hours. The Jury recommended "clemency." The counsel for Coleman moved for a new trial, which was overruled by the Court.

About 10-1/2 o'clock Saturday night, the Court commanded Coleman to stand up to receive his sentence, in giving which Judge Guthrie was very much affected. He remarked that Coleman was an old man, and he pitied him from the bottom of his heart; that the law had left him no discretion in the case; the Jury had found the defendant guilty of murder in the second degree, and the penalty was hard labor in the Penitentiary during the term of his natural life. He could not say that the verdict of the Jury was wrong, or that he himself could have found it differently had he been on the Jury. It was to be hoped that the defendant thought he had a right to kill the man who was in his peach orchard; and as to "clemency," the law allowed none on part of the Court, but if the defendant went to the Penitentiary, behaved himself well, performed all his duties in the right spirit, gave evidence that he might become a good citizen, and came to a realizing sense of the wrong he had done in killing his fellow-man, there was a chance for his pardon and restoration to society.

Coleman did not appear to be much affected, not nearly so much as was the Judge. On Monday morning, he still said he thought he had done right in killing Mitchell for stealing his peaches.

To us, it is a plain case. Mitchell was a trespasser, and in trespassing upon the property and the rights of another, he lost his life. Coleman was aggravated by repeated depredation upon his peach orchard, but his remedy was not in shooting and killing his neighbor for the wrong done him, thereby committing a far greater wrong, immeasurably greater.
 
 

Fatal Stabbing Affray

The Marietta Register, May 17, 1866

On Saturday last, after the circus exhibition, three citizens of West Virginia, opposite Marietta, when returning home, engaged in a drunken brawl on the ferry boat J. B. McMillan. During the fracas, one of the men, named Reed, stabbed one of the others named Kinnaird in the bowels, inflicting a wound from which he died the following Monday morning. The third man, named Ritchie, also received a severe, but not dangerous, stab in the side. Reed was then knocked down by one of the passengers and the knife taken from him. On reaching the Virginia shore, Reed was arrested by a Constable, but managed to escape, and has thus far eluded all efforts of the officers to re-capture him.

The case, carefully summed up, stands thus: Three neighbors start to town in the morning, warm friends; before they return home, one of them receives a death blow from his friend - another receives a fearful wound - and the third is made an exile from home and friends, a fugitive from justice, a vagabond on the face of the earth!

Truly the power of strong drink is fearful when it can thus make demons of men and blast their lives forever.

The Marietta Register, May 24, 1866:

Reed, who fatally stabbed Kinnaird, on the Williamsport ferry boat, was arrested at Athens on Wednesday, 16th inst., by Sheriff Johnson, and brought to Marietta and lodged in Jail, from whence he was removed to Parkersburg on Friday evening. He voluntarily went over the river with the Sheriff of Wood County, West Virginia, thereby avoiding the delay of a requisition from the Governor.

The Marietta Register, June 21, 1866:

 In order to correct the many misstatements and false rumors about the affray that occurred on the Ferry Boat between Williamstown and Marietta on the 12th of May, we publish the following testimony as given by State witnesses during the trial:

E. D. Geren, sworn - I saw the beginning of the affray; saw four persons only aft of the boiler on the ferry boat, when the affray took place, viz: Almstead [Armistead] Kinnaird, John Uhl, Russell Reed, and a man said to be Robert Ritchie; all seemed to be under the influence of liquor; heard some loud talk, and the first that I saw of the affray was that Kinnaird struck Reed, and then Kinnaird and Reed clinched; they were down; Reed rose up with Kinnaird; and then I saw John Uhl strike at Reed, and then Ritchie clinched Reed and they both fell over the stove together; and when they rose up, I saw a knife in Reed's hand; did not see him cut any person; all seemed to be fighting against Reed.

Robert Campbell, sworn - Did not see the commencement; Kinnaird, Reed and Uhl were in conflict; I went in to part them and Ritchie pulled me away; Kinnaird was on top; Reed turned him and got up; did not see Reed cut Kinnaird; at the time we had hold of Reed, he pulled out the knife; he did not say what he intended to do; he did strike at me; they all had the appearance of being intoxicated; the two were against Reed; when I first went in, Ritchie was there; I saw Kinnaird strike Reed when we were holding him; Reed was rather holding back; Reed's knife was visible when Kinnaird struck him; the room was five feet wide and twenty feet long.

George Metcalf, sworn - Was on my way over the river; when I went on the boat, Kinnaird and Reed were clinched; Kinnaird struck at Reed over my shoulders twice; Kinnaird kept pressing forward, and I slapped him; I went off and returned; Kinnaird had hold of Reed; did not see Reed strike Ritchie; when Kinnaird Went off the boat; he said he'd pay me for it; I was standing between Reed and him, when Kinnaird struck him twice; Ritchie said, "let him (K.) go, and whip the damn little rascal"; they were all drunk.

James W. Kinnaird, sworn - Was not in the cabin of the boat; Reed came down and said he was pretty tight, and I saw he was; John Uhl called A. Kinnaird back in the cabin; had a canteen with him; saw Kinnaird after the fracas was over, but did not know he was cut; he was pretty tight; they were all tight; when Reed went back, he was doing nothing; when Kinnaird had him down, he was choking him black; Kinnaird was a very strong man; when Reed left the boat, his hand was bleeding very freely.

L. C. Arbour, sworn - I came down to go over on the boat; saw there was a fuss; they had hold of Reed; I saw Kinnaird pushing to him, trying to strike him; Reed said, "give me my hat, and I'll go out"; I saw him make a motion, , but did not see him strike Kinnaird with the knife; I tried to push Kinnaird, but couldn't do it; I pushed Ritchie back; Uhl was cursing Reed; Ritchie, Kinnaird and Uhl were all making at Reed.

Rufus Campbell, sworn - I run the ferry boat; Kinnaird and Reed clinched and fell over the stove; Kinnaird on top; Kinnaird shoved me over, and struck Reed; and Ritchie said, "let Kinnaird whip him"; Kinnaird, Ritchie, Reed and Uhl were engaged; did not see Kinnaird cut; it was 5-1/2 o'clock in the evening; Kinnaird could see the knife, and after he saw it, he pushed me one side and struck Reed; it was a pretty hard blow; Reed told the men not to crowd him; he seemed only to want to get the men away from him.

Taking into consideration the above testimony, the extreme youth of young Reed (18 years), who was defending himself against three (3) grown men, and as for the justness of the sentence passed upon him, we leave only for the loyal public to decide.

Murder at Bloomfield

The Home News, October 12, 1861

A man of the name of Adamson was stabbed at Bloomfield, Ludlow tp., on election day, by a desperado named Joseph Elder.  Elder has always been regarded as a dangerous man, and heretofore has made a practice of getting up a quarrel at every public gathering.  As he is a powerful, reckless fellow, people would unite and drive him away, to preserve the peace.  On a former occasion, Adamson, who was a law-abiding citizen, had helped to eject him from a company in which he was creating a disturbance, and Elder swore vengeance.  His victim was engaged in conversation with another person near the polls, when Elder came upon him unawares and inflicted two wounds in his left side with a dirk.  He lingered until the next day and died.  Elder swam the creek which was high, and hid in the woods but was finally captured, and is now in the county jail.  A bill has been found against him for murder in the 1st degree, and it is to be hoped that our county court will award him the punishment he so richly deserves.

More on the Execution of Bumgardner

The Marietta Register, February 21, 1867

The account of the execution of Hanson Bumgardner issued from the Register Office in an extra, may be found on our first page.  Some points in addition to those furnished by our reporter - we were not present - may be noted.

Rev. W. M. Mullenix, of Whitney Chapel - Methodist Episcopal Church - the spiritual adviser of Bumgardner, was with him every day, for weeks, and constantly and strenuously impressed upon him the importance of a full confession.  On the day before the execution, about 11 o'clock, A.M., Mr. Mullenix told him that he could not hope for salvation if he should not confess, if guilty of the murder of Eubank.  His reply was:  "If I committed that murder I hope God will burn my soul in hell forever."

The counsel for Bumgardner applied to the Governor for a commutation of the death penalty to that of imprisonment in the Penitentiary for life.  About 5 o'clock on the evening previous to the execution, Sheriff Hicks received a dispatch from the Governor, refusing to commute the sentence.

While Bumgardner was standing on the trap-door, his arms pinioned, his legs bound together, the hood drawn over his face, the rope adjusted around his neck, everything in readiness for his last moment, Mr. Mullenix whispered to him:

"Hanson, did you murder Eubank?"

"I did not!"

The Sheriff then asked:

"Are you ready, Hanson?"

"Yes sir, I am."

The drop fell, the neck was dislocated, and - the body was taken down after hanging 28 minutes, and immediately sent to the Harmar depot, on the way to Harrison county, West Va.

The medical attendants were Drs. Hart & Bartlett, (B. F. Hart and J. C. Bartlett), and Dr. S. D. Hart, Coroner.  The arrangements of Sheriff J. A. Hicks were admirable.  He was chiefly assisted by his brother, Thomas Hicks, Deputy Sheriff.  J. M. Johnson, Sheriff of Athens county, and Capt. Levi Barber, of Harmar, also rendered assistance.  Col. W. B. Mason, County Treasurer, and Capt. Geo. Benedict, Commissioner, were present, besides those before named, also reporters for the press, and Constable Davis, of Hockingport, who pursued Bumgardner, and was the means of his arrest.  The Sheriff had a guard of ten or fifteen men, outside of the jail.

The enclosure in which the execution took place, was on the easterly side of the jail, covering the side door - was 17 ft. high.  The scaffold was 12 ft. long by 7 wide, and 4-1/2 ft. high - double trap-door in the centre - and with the gallows, was built by Maj. Darius Towsley.

Comparatively few people assembled outside the jail.  Except the guard, there was at no time, we think, over one hundred and fifty, and very few of that number were citizens of town.  They were very quiet.

Remarks.  If any think Bumgardner may have suffered unjustly, such thoughts can as well be dismissed at once.  His declarations of innocence were on purely technical grounds - first, that he did not actually do the killing, although connected for the robbery of the murdered man, with those who did do it, (as he said,) he himself concealing it, and appropriating to his own use all the murdered man's property then with him; second, that the murder was (as he said) in West Virginia, hence, as he called it, "a very unjust thing" that he should suffer under the laws of Ohio.  According to his own story, Bumgardner was guilty of the crime of murder, both in law and in morals.  And there is no evidence whatever that leads to a reasonable suspicion that any person was connected with him in the murder, or that it was not done in Ohio; but the evidence is that he alone did the deed, and did it in Ohio.  This is the belief of all who are best acquainted with the facts - those with him since his trial.  His own word he constantly falsified - his speech at the gallows giving the lie to his protestations "before God" at the time of his sentence.

Bumgardner was a man about six feet tall, and weighed perhaps 180 pounds.  He was physically strong, but morally weak.  He possessed a great deal of nerve - that nerve which could cut off the head of Eubank.  He had very strong affection for his children - would save them from stain as far as possible.  From these points in his character it can be seen why he declared himself an "innocent man."

The Execution of Hanson Bumgardner

The Marietta Register, February 21, 1867

He Speaks Over an Hour, and Admits his Guilt, but Denies that he Actually Committed the Murder.

The Drop Falls at 20 Minutes Before 2 O'Clock, P.M.

He Died Without a Struggle.

The execution of Hanson Bumgardner, for the murder of John Thomas Eubank, at Hill's Landing, in Belpre township, this county, September 13, 1866, took place to-day - Friday, February 15th, 1867.

The prisoner had appeared considerably broken down for a day or two past, but slept soundly on the night before the execution, and took his meals regularly - had gained ten or fifteen pounds in weight since his sentence, eight weeks ago.

9:40 A.M.  Prisoner dressing; new black suit of broadcloth, not expensive; cleanly shaved; pale, but composed for one in his situation, voice low, manner subdued; conversed with freedom, but not without emotion as to the disposition of his body, which he wished to be buried at Union Church, Harrison county, West Virginia - not in Marietta.  None of his friends present.  Feels as if they have forsaken him.  Appears weak, and walked into his cell, with difficulty, to change his clothes.

10 o'clock.  Still dressing.  Spoke again of his burial; wished it to be near his friends; preferred Union Church because he had a child, father and sister buried there.  Desired that his wife and mother should see his remains - his wife being now at Greenwood Station, N. W. Branch B. & O. R. R., eleven miles from Clarksburg.  A Mr. Rider present agreed to take his remains to his (Bumgardner's) friends.  And on the agreement of Sheriff Hicks to deliver the body to Mr. Rider, the prisoner said:  "May God bless you all."

Sheriff Hicks, and Rev. Mr. Mullenix, his spiritual adviser, came in.  The prisoner thanked all for their kindness, and sat down to write.  He showed considerable emotion when talking of his wife and three little children; but in writing, no tremor or nervousness.  He rested his hopes on the Christian religion - was a Methodist by education.  He desired Mr. Mullenix to go with his body to its burial.

10:30.  prisoner still writing.  parties conversing in the room, but not disturbing the writer, who appeared calm - a hammer sound on the scaffold not disturbing him in the least.

10:55.  Finished writing.  Complains of injustice to him in some of the published reports, but does not justify his own conduct.  Intimates the guilt of others, but said his own sins were pardoned.  Seems to feel hurt that he had been published as a "Bushwhacker."

11:10.  Prisoner said:  "Boys, have any of you got a cigar in your pocket?  I have got in such a way of smoking."  Cigar given him, and he smoked and talked with ease.

11:18.  Sheriff came in, and prisoner gave him the letter he had written - which he read to Sheriff, exhibiting deep emotion, more however, about his family than from fear of death.

11:30.  Reading concluded.  Sheriff withdrew to open the way to the scaffold.  Prisoner put the cigar in his mouth, and seemed the calmest of all in the terrible suspense.

11:35.  Sheriff returns and cuts prisoner's finger nails, who says:  "Now, I can beat you at that.  You ain't afraid of me yet, are you?" - that is, of giving him the knife.

11:45.  Cell doors unlocked that the prisoner might take leave of his fellow-prisoners.  He said to them:  "Boys, my humble thanks for you all.  You all have been good friends to me, God bless you.  God knows your condition - I don't.  My wish is, you all may come to God.  I have been pardoned by him.  You may be unjustly dealt with, but if your peace is made with God, all will be well.  God bless you."

He asked them to sing:

                    "Why should we start

                       And fear to die," &c.,

which they did, the prisoner weeping, after which he kneeled and prayed - for his fellow prisoners and his family, for mercy on his accusers - his own doom being unjust.

11:55.  Prisoner shakes hands with his fellows, and urges repentence and religion upon them, speaking to each separately, and with much emotion.

12:05.  Prisoner is tied, and says:  "If you are going to stay here a minute, I will smoke a little more - if not, I am ready."

12:07.  The dark hood having been put on his head, the prisoner walked to the scaffold, between Sheriff Hicks and Rev. Mr. Mullenix, and sat down - quite calm.  Sheriff read the warrant of death.  Coffin at one end of scaffold.  Prisoner said:

I feel interested to leave a true record behind.  Was born in Pendleton county, Virginia; went from there to Barbour county, then to Harrison county, where I was principally raised, till 19 years old, when I married.  Family respectable.  I am the first one ever charged with crime.  Ought not to have married then - was young and thoughtless.  Had a difficulty with and parted from wife.  Her friends wanted a writing for divorce, which I gave.  Starting point of trouble; began to drink.  Took another woman, brought her to Ohio, intending to marry her, but put it off.  Lived in Belpre.  Was in jail once at Clarksburg on a false charge, but in five days gave bail.  Next, on a spree, was arrested for breaking open a store, but cleared.  Spoke of difficulty at Belpre.  Plead guilty of assault; fined $5 and costs.

Moved to Iowa with this woman.  She died, leaving a child 14 days old, which still lives.  Started to California, was taken by Indians, and kept tied with a raw hide two weeks.  Returned to Virginia, and married present wife in Pocahontas Co., just before the vote taken on secession, day after which left for Kentucky, with his wife.  Left that State with Union forces, when Kirby Smith drove them back.  Started for friends in Virginia, and was captured by Jenkins and carried to Warm Springs; kept a month and two days as a Yankee Spy, and was badly cared for.  Released on taking oath not to go beyond the rebel lines.  Was taken by rebel conscription, but did not take up arms - went on enrolling guard.  Came to Gallia county, Ohio.

Here (Gallia county) in three weeks, became acquainted with John Woods, who caused his downfall.  Last July he went into a wicked plot - ashamed to confess - for counterfeiting, and received $100 counterfeit, and "as purty greenbacks as you ever saw."  September 1st went to Burning Springs, found said Woods, and became one of his companions.  We chloroformed a doctor near Grafton, and robbed him.  Monday, 10th, Eubank was with them, and the plot against Eubank was then laid.  Prisoner was to get him to go for his (B's) family.  Woods was to meet them, chloroform and rob Eubank, and take his team.  No design to murder.  Prisoner agreed to scheme.

Woods, prisoner and confederates met at Parkersburg.  There changed plan.  Prisoner bought Eubank's team, and went with him to Hill's Landing.  Prisoner had skiff ready, and one of the confederates came to the wagon.  They there induced Eubank to cross the river to rob him.  Woods told him there was a dance over the river, and wanted him to go.  Eubank went, taking the chain from the wagon to fasten the skiff with, and he never saw him afterwards.  The men came back and said they believed they had killed Eubank.  Prisoner felt impelled to divulge, said he never had consented to this, but they said if he was going to betray them he should die, too, presenting a revolver.

Prisoner was to take team, they to dispose of body - he knew not how till shown on the trial.  Was to meet them at the mouth of Big Sandy, with team; but went the way on which he was arrested.

Said he was being hung for what he did not personally do, though concerned as above stated, and which was not done in this State - the murder was in Virginia.  I wish all well, but it will not do to hang a man on circumstantial evidence.  "I have become reconciled to my fate, though unjust.  Have told the truth before God.  God bless you all."

12:26.  Prisoner closed.  Dispatch handed to Sheriff, from Bumgardner's brother, saying that he was on the road, and asking body to be shipped, &c.  Prayer by Rev. Mr. Mullenix.  Prisoner affected, and given a glass of water, he drank freely.

1:30.  Prisoner kneels on a chair and prays; "O Lord, I humble myself before thee for the last time.  Comfort me and sustain me.  Lord, it seems hard to suffer this.  Bless me.  If anything I have said is wrong enable me to correct it.  O bless my family and children and comfort them.  lord, bless my enemies.  Sustain me in this hour.  Save me not for anything I have done, but for thy sake.  Amen."

1:33.  Bid Sheriff and all good bye.  Was strong, not nervous or trembling.

1:36.  Stepped on trap door.  Everything adjusted - hood drawn over the face - prisoner standing erect and praying.

1:40.  Trap door fell.  Prisoner shrugged his shoulders, and died.

The execution was in strict accordance with the law.  Sheriff Hicks had his appointments carefully made, and performed his entire dreadful duties with kindness, with deep feeling, but with firmness.

Rites Held For Victims of Shooting

The Marietta Daily Times, June 19, 1933

Funeral services for Albert Newton, slain Saturday by James Arbor, were conducted Monday afternoon at 2 o'clock at the Dixon Funeral Home, Rev. W. A. Moore officiating.  Burial was made at the Round Bottom Cemetery in Waterford Township.

The funeral of Arbor was conducted Monday morning at 10 o'clock at the same place, Dr. J. A. Holmes officiating.  Burial was made in Oak Grove.

Coroner Fred Jackson, who investigated the dual shooting, that occurred in the apartment of Arbor's wife at 120 Front Street, made an official finding of murder and suicide.  There were no eye witnesses to the tragedy and the coroner affirmed what the police found in their investigation following the shooting.

A note found on Arbor's body indicated that trouble was expected, even premeditated by him.  The note was addressed to Chief Homer O. Wolfe of the police department.  It was written Friday evening at the county infirmary, more than twelve hours before he followed Newton to the apartment.  Text of the note follows:

"Marietta, June 16th.

"Friend Homer:

"I am going to town tomorrow and I have found out for a fact that Newton is still going to the house.  Well, there is something going to happen.  It's just too damned raw for me to swallow as every one knows about it and they know that I am wedged out here and sick and broke.

"I can't get a gun any place and they keep bolts on the door when he is there and just the key turned in the lock when he is not.  One time he slipped out the back door when she let me in the front, but I have not been there for a long time.

"I am going to get in tomorrow.  Her folks think she is o.k.

"Good bye, maybe,

"J. M. A."

Supposed Murder

American Friend & Marietta Gazette, November 21, 1827

On Sabbath day, the 11th of November, 1827, Messrs. Samuel Williamson and Charles Talbot, of Grandview, in Washington County, Ohio, were passing down the bank of the Ohio to attend a meeting in the adjoining township of Newport, when they discovered in the narrows in Newport, a little below the foot of bat and grape islands, a dead body floating on the water, and stayed against some drift wood in the willows, near the shore, on the Ohio side of the river.  They alarmed several families on both sides, and seeing them preparing to attend to the body they passed on.  When the people had assembled they found the body in a state of decay, and so offensive that some of them concluded to bury it immediately on the bank.  Notice of the circumstances having been given to Griffin Greene, Coroner of the County, he caused a jury of inquest on the body to be assembled on the 16th, when the body was disinterred, and examined, and testimony heard as to the original finding and burial.

The deceased appeared to have been a man, probably, rising forty years of age, rather muscular, about five feet four inches in height.  The skull was bare - the nose and ears were gone.  The teeth were remarkably perfect.  The under fore teeth at first view, had some appearance of double ones.  The upper fore tooth, next the eye tooth on the left side, was partly turned in, forming a notch.  From what could be discovered of the small portion of hair remaining, it seemed to have been of light complexion.  It appeared that the face was rather broad - the cheek bones prominent.  Under the left cheek bone, one of the whiskers remained.  The neck was short.  Under the right ear was the appearance of a considerable tumour, or swelling of some kind.

There was no outside garment on the body when found.  The persons principally concerned in the first taking up and burying of the body, were Isaac and Edmund Riggs and John Bailey of Virginia, but a considerable number of other persons were present.  When the body had been carried to the place of burying on the bank, a silver watch was discovered hanging by the seal from the clothes.  It was taken by Isaac Riggs and afterwards, at the inquest, delivered to the Jury and now remains in the hands of the Coroner.  It is a plain English watch, with a silver cap, inscribed Richard Ascall, No. 200, both on the cap and plate, and stamped T. G. on the bottom of the case.  Had a copper chain - the gilding much worn - doubled at the lower end; a gilt seal with a glass set, resembling Topaz, without initials or device; a patent chrystal and golden hands.  It appeared in evidence that this watch was the only article taken from the body previous to its being buried.

On the day after the body was buried a young Mr. Decker, living near the place, found on the spot where the body was taken out of the water, a small key, and a large buck handle pocket knife with a screw driver in the handle, and places probably designed for carrying a lancet, on one side and a toothpick and tweezers on the other, which also remain with the Coroner.

The clothing which remained on the body, when before the Jury, consisted of a broadcloth waistcoat - the color something like London Brown - the lining and back some kind of woollen fabric - the forepart with the pockets and buttons gone; a black silkneck handkerchief, a muslin shirt; & underneath a red flannelshirt with long sleeves, a pair of fine blue broadcloth pantaloons, neatly made, with suspenders of striped webbing - the pockets gone, a pair of flannel drawers; long stockings of a lightish grey, tolerably fine, seamed at the top, fastened below the knee with tape strings; and a pair of substantial calf or kip skin, high laced Monroe shoes, which had been half soled.  They were made in a substantial manner, bound and lined.

It was testified that previous to the burial there was on the breast a quantity of ashes, from half a gallon to a gallon; and on the outside of the clothing a mixture of something like flour or paste.  There were similar appearances before the Jury.  The substance, or mixture, supposed to be ashes, was found under the remaining parts of the waistcoat, and under the pantaloons; particularly, under and below the back part of the waistband.  There appeared to be small pieces of charcoal in it, but it was whiter than the usual appearance of leached ashes and by some thought to resemble plaister of Paris, ground but not calcined.  On the breast, just below the throat, was a large dark spot.  There was a cracked and crispy appearance of the skin beneath the chin.

The verdict of the Jury was, that in their opinion the deceased was murdered by some persons unknown.

The body was placed in a coffin, and conveyed for interment to the burial place in the upper settlement of Newport.  It was there again examined by Dr. Joseph Waterman; who observed that the appearances were different from those of any animal substance, in a state of decay, which he had ever before witnessed; and that the supposition of the body having been boiled or scalded in water, previous to its being put in the river, would, in his view, best account for those appearances.

The shoes and some parts of the garments found on the body, have been preserved.

Griffin Greene, Coroner.

Editors, generally, are requested to publish the above, for the sake of humanity.