Extract from the Transcript of Record, State of West Virginia v. Felony No. 10357 Harry F. Powers, alias Cornelius O. Pierson, Criminal Court of Harrison County, Benjamin B. Jarvis, clerk. West Virginia State Archives Collection.
On another day, to-wit, on the 12th day of December, 1931, the following order was entered: -
State of West Virginia vs. / Upon an lndictment for a Felony No. 10357 Harry F. Powers, alias Cornelius O. Pierson.
This day came again the State by her Prosecuting Attorney as well as the defendant, Harry F. Powers, alias Cornelius O. Pierson, in person, who was set to the bar of lthe Court in the custody of the Sheriff and jailer of this County and represented by J. E. Law, his attorney; and the motion of the defendant, made at a former day of this court, to set aside the verdict returned by the jury in this action on the 10th day of December, 1931, and to grant him a new trial herein having been argued, by counsel and considered by the Court is hereby overruled and said new trial denied; to which ruling and action of the Court in overruling said motion and refusing a new trial herein the said defendant duly excepted.
And it being demanded of the said defendant if there was anything he knew or had to say why the sentence of the Court should not be pronounced against him, and nothing being urged in delay thereof, it is considered and ordered by the Court that he, the said Harry F. Powers, alias Cornelius O. Pierson, be hung by the neck until he is dead, and the execution of this judgment to be done upon him, the said Harry F. Powers, alias Cornelius O. Pierson, by the Warden of the penitentiary of this State at Moundsville on Friday, the 18th day of March, in the year Nineteen Hundred and Thirty-two; said execution to take place within the walls of said penitentiary according to law.
The Clerk of this court is hereby directed to deliver a copy of this order to W. B. Grimm, Sheriff and jailer of this County, who shall retain the custody of the said Harry F. Powers alias Cornelius O. Pierson, until a properly authorized guard, sent by the Warden of said penitentiary to receive him, shall convey said defendant, Harry F. Powers, alias Cornelius O. Pierson, to said penitentiary; and the Clerk shall also notify the Warden of said penitentiary of the conviction and sentence of the said defendant that he may as soon as practicable be removed and safely conveyed to said institution there to be kept in the manner provided by law until the said 18th day of March, 1932, when the execution of the judgment aforesaid shall be done upon him, the said Harry F. Powers, alias Cornelius O. Pierson, And the said defendant expressing a desire to apply for a writ of error and supersedeas to the judgment aforesaid, it is ordered that the execution thereof be, and the same is hereby suspended until the first day of the March Term, 1932, of this court, to enable the said defendant to make such application, and the said defendant hath leave to prepare, tender and have his bill or bills of exception signed, sealed and made part of the record herin within sixty (60) days from the adjournment on the present term of court.
Thereupon the said defendant was remanded to jail in the custody of the Sheriff and jailer of this County.
Crime and Punishment