July–October 1869
Elihu Gregg is tried at Preston Academy; an appeal leads to a second trial
Following the courthouse fire, Elihu Gregg's arson case was heard at Preston Academy in Kingwood. Indicted on July 12, he was found guilty on July 19 and sentenced to hang. William G. Brown Sr. led the prosecution while prosecuting attorney Charles Hooton was ill. In August, the Supreme Court of Appeals reversed the judgment after finding that defense evidence had been improperly excluded. A second trial produced another guilty verdict, and on October 21 Gregg was again sentenced to death, with execution set for January 28, 1870. The proceedings connect the loss of Preston County's records with the Academy's temporary use as a courthouse and Brown's legal career.
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Where this entry comes from
Gregg v. State, 3 W. Va. 705 (1869): first trial and grounds for reversal
Research notes
What the evidence establishes
The first conviction was reversed, not an acquittal. The excluded defense material included Henry Boger's testimony and Gregg's bankruptcy-protection certificate. The 1880 opinion confirms that a second trial resulted in conviction in October 1869.
The prosecution presented the scheduled sale of Gregg's land and alleged threats as evidence of motive. Those allegations should not be confused with an independently established account of his intentions.
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