Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-09-20

CIRCULATION, OF ANY PAPER IN WHEELING.
We yesterday morning gave pretty full
abstract of the evidence adduced on the part Of
the CommonH eaIth against William Stewart, in
his preliminary examination at the county Jail
on last Saturday morning. There were one or
two features about that evidence that were cal.
culatcd to arrest attention, ond to leave on the
mind of the reader somewhat unsatisfactory
feeling, whatever might be his convictions as TO
Stewards guilt In the first place, MERGERS
testimony was utterly at variance with that of
all the other witnesses-although, had it been
substantiated it would seem to be, by far, the
most reasonable account as to how Stewart met
his death. 1t will be rccollected that Mercer
testified, that as he VAS crossing from the east
side of Market street, he saw two men standing
in the third nrchway, just opposite the ware.
house door; and that he heard the two men
quarrelling; saw one of them lift up his hand
and bring it down again, and that instantly
thereafter he saw the other man stagger back
We say that had this testimony been substan-
tiated-or rather, had it not been wholly invali-
dated by that Of the other witnesses, it would
seem to explain much more reasonably, James
Stewards death. For it must be recollected that
he was cut through into the heart, receiving
vital wound, which, perhaps, in ninety -nine
cases in hundred, produces instant DEATH
But MERGERS evidence being rendered sheer
impossibility, we are forced to fall back on the
accounts of the other witnesses, which all go to
make it appear that James Stewart received his
wound at the Madison street door of the ware
house-that after receiving it he walked round
to the Market street door, just as ifnothing had
happened, and that afterwards he came across
the street to where the witnesses were standing
talked with them-said nothing about a
wound to them-appeared to show no signs of
having such wound-started and went back
as far as the curb stone on the west side, and
there at last fell. Now, while there is no 9TH
er reasonable explanation of James Stewards
wound, except his having received it at the hands
Of his brother, during their difficulty at the
Madison street door, yet that explanation is far
from full and satisfactory. 1t will be recoect~
ed that during the time tho two brothers were Mt
the Madison street door, all the striking that was
seen done was seen ut that time. Three of the
witnesses, viz: Humphrey, Mccormack and
Richardson, were at the corner of the ware
house, only a few steps from the parties From
their position there, they watched the striking,
but saw no knife, it being too near dark, as they
allege. But after they had crossed over to the
other side of the street to the Market House
corner, and after VIM. Stewart had gone to
the Market street door, they then, from that
distance, thought Zone of the witnesses was sure
he did) they saw a knife. OF course there is
nothing impossible in all this, but we only point
occurrence.
Another thing that seems wrapped in a cloud,
is the whereabouts and whatabouts of William
Stewart after the ARRAY. He does not appear
in the scene over the dead body of his brother
at all. 1t is not known with any definiteness,
where he was or what he was about for an hour
or two after the alleged murder. Then, too,
there is the fact of the sisters arriving at the
scene, which was not explained. Who sent for
them? 1t seems they were the spot among
the first, indeed, MS Blair testified, before the
Doctors were sent for, before it was even
known that life was extinct. 1t does not appear
in the evidence whether WIN. Stewart went
home and told them of the occurrence, nor yet
as to how or when WIN. Stewart got home
There was no knife of any kind found about
hlul We oetleNeI certainly uOue WITH lnarRS OF
blood on it, nor VAS any instrument found about
his warerOom premises answering to the de-
scription given by the witnesses. This interim
of time that we have alluded to, is all under a
cloud so far. 1t seems not a little strange, take
all the incidents of the murder together that
there should be so much vagucness about them.
For instance, we hear it testified to, by four res
spectacle young men and boys, that they were
in full view of the occrrcnce from its commence.
ment until its close and yet We know it to have
been fact, that when the inquest was first cal.
led and crowd began to assemble, no one was
able to say how or by whom james Stewart
met his death. If it was known that William
Stewart was the person rnd that he was still on.
the premises, why was he not arrested? In,
stead Of the prompt solution of the murder
that such range of evidence would seem TO
have, in the very nature of things afforded to
every one who arrived on the ground. we had
the fact that out of the scores aud hundreds Of
people present. no one knew or had any idea
orf1c III nod