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Robert W. Eastham’s defense team, appeared before the West Virginia Supreme Court and three times he failed of his purposed because the four justices split two-two. Justices English and Dent would vote each time to grant the writs McCormick sought; Justices Brannon and McWharter would vote against doing so. Justice Dent publicly decried the two-two split decisions, saying that the Supreme Court had failed the public interest. As a consequence, the composition of the court was changed to an odd number of justices, an idea which probably should have occurred to some. of these astute legal wizards before the murder case forced the issue,” Eastham maintained.
‘‘Meanwhile, Col. Eastham — we shall now formally promote him since the courts and the newspapers confirmed his commission — languished in durance vile. Well, not exactly, for the jailer was his good friend and supporter and allowed him to ‘hold court’ in the jailhouse, receiving a constant stream of visitors and by no means confined to lawyers,” his great nephew said.
But it was still jail. Eastham was constantly imprisoned, with bail denied, from March 22, 1897, until the spring of 1898.
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