Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-09-19
stewart
Murder. OF James Stewart.

QhsSaturday morning. ats o'clock, William
Stewart, whQIwaSsarrested last Thursday night
on thechargeof numbering his brother James,
had preliminary hearing before Mayor Wilson
and Alderman Hamilton, at the county jail
For the Commonwealth, Maj. Good appeared;
for the Prisoner, @. w. Russell, and j. S.
Wheat, Esqrs.
The examination was held in the reception
room of the Jailor's house. There were pres
ent as witnesses, DIR. Cummins, Coroner Day,
WIN. III. Smith, VIM. Mercer, WIN. Lakewood,
August Voght, Thos. j. Blair, WIN. Humphrey,
Theopohlus Richardson, Stockton Nice ormick,
and young man by the name of Whetsell.
The prisoner was brought in looking quite
improved as compared with his condition at the
time OF his commitment on Thursday night
He looked quite composed, save little nervous
movement now aud then with his hands and
eyes. The charge upon which he was to beck
amined was then rehearsed to him, and he was
asked if he had counsel and was ready to pro-
coed. He simply said he was ready. Coroner
Day and DR.. Cummins were then sworn. Mr.
| Day was first examined. He said that between
z and o'clock on Thursday evening, he was
called to hold an inquest on the body of James
Stewart. He found the body in the warehouse
and life extinct There was wound in the left
breast in the region of the heart. Appeared to
have been inflicted by small sharp instrument
Found that there cut in the heart as long
us the cut on tho surface Of the body. Drs.
! Cunlmins aud Bates examined the wound. An
| inquest was held that night and continued the
next morning, the result OF which vas YER
dict that the deceased had come to his death by
wound from some instrument used by the
| prisoner. 81.
DR.. Gummins Examined. DIR. Bates and NY
self examined the body of the deceased as it lay
in the ware room. We found that the instru-
ment had penetrated 10 the heart under the 5th
/ rib; seemed as if wound had been made BY some
sharp instrument. The wound was the cause
Of his death. The pericardium of the heart
was filled with blood Probable size OF the
blade of the instrument half an inch in
breadth and from two to three inches in length
The wound could easily have been made by a
blade of two inches in length. Found the
wound on the surface had been considerably
enlarged by manipulation on the evening previ-
Gus to my examination of it. The direction of
| 1t was nearly at right angles with the body
Slanting little upward. The chest was opened
by DIR. Bates and myself and an examination of
the heart made.
I'm. Mercer eraminea:-Had been over at
the Fair, aud from there had returned to John
| Balls tavern, on Market street Going up Mar.
ket street from there, and crossing over to the
Market House, my attention was called to two
men standing in one of the archways. They
iaRpeared to be quarreling. saw of them
lilt,np his hand US if to strike, and bring it
/ down again, but could not tell whether he
struck the man or not could only see his
hand when lifted. After his hand come down
saw the other man apparently fall or stugger
back out OF the archway, and heard the other
man say, Nov, that's all over with you" I
!, went OH across to Madison street, thinking it
was some drunken quarrel, aud went on to
/ McClallenS corner before stopped. On stop
l ping there saw crowd collected on the corner
of the street down by the Market House, and SO
/ | crossed over to the Monroe House and came
down again. When l came down they had
! picked up the man from the street and carried
I IN n a al of
Cr0Ss-erGnainGtiom By Wr. RuaaeU:-It was
near the Sd arch that saw the two men stard-
! ing. Could not be certain that it was the Sd
arch, however. 1t was directly opposite the
ware room door, at the end of the Hay scales.
It was too dark for me to distinguish distinctly
The man that walked off out Of the upper end
of the Market supposed to be VIM. Stewart.
/ | did not tell what had seen until some off, us
went down to Lutz's Thought at first that
1 would not say anything because the whole
thing might be "squashcd" up. Didn't see
IauYthing like atknife.
[NoTE.-Tt will be seen that MERGERS test.
mony is altogether different from that which
now follows.
~. q. Smith eramine0:- Was returning from
the Fair, perhaps about half an hour after the
/ gates were closed, when, just as | got to- the
/ Market House, Isaw two men standing 1.-THE
Madison street door OF Stewarts' warehouse
] One OF thoimen was outside the door and the
Iother inside. The man outside seemed wanting
10 go in, while the other would not let him.
Neither of the men seemed to have much pow
er. thought they were drunk The one ont
side fniling to-getin the door on Madison street,
went round to the upper Market street door
The prisoner met him there and would not let
him in. The other man then went down to the
door below, (he door of the tin shop,) and
not getting in there, came across the street
to where l was standing, at the corner of
the Market House I said to him that 81
guessed that man over there had been to the
Fair and had his lemonade made too strong
He stayed about a minute over ut the corner
and. then went to return. He couldn't walk
steady, but staggered from side to side as he
walked across to the warehouse. When he got
near the curb stone he sort of staggered and
then plunged forward aud fell with his face on
the curb stone.
Gross examination by Mr. Russs1l IL saw the
older man of the two that were in the door on
Madison street (the one that was inside) strike
the other one. Both seemed drunk and over
cone. This I saw from the corner of the
street only few steps from theu then pas.
sed over to the Market House corner The out.
Side man, atter he had failed to get into the
house from the Market street side, came over
and spoke With me. 1 saw him after he was
/ II.