Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-12-29

time for examination. A. 8. TODD,
dsc9s-td seeretary of Board.
~TuE preliminary trial of Charles
Howard, Sergeant in the 18th Ohio reg.
imeut, doing duty as provost guard at this
post, for shooting John Ball on Monday,
the goth inst, was had yesterday afternoon
before Alderman Duty and Esquire Blair,
at the Office of the former on Market
street, and was conducted by Messrs.
Caldwell and Richardson, on the part of
the State, and by G. L. CFanmer, Esq, for
the defense. Some twenty nine witnesses
were examined. The evidence on both
sides was very conflicting, but especially
SO on the part of the prosecution.
The only witnesses who seemed to havea
knowledge of the ARRAY from the begin
ming we're Edward Ball, father of John
Ball, James Copeland, Charles h. stoner,
Joseph Graf and jacob Yates, the two last
being the soldiers in company with How
ard at the time.
Mr.. Ball stated that Copeland in COM
pany with two citizens and three soldiers
came into Johns house and asked for
drinks, that John told Copeland he could
not have the drinks, when Copeland in.
sisted; Ball told him he could't get any
thing to drink in his house whether drunk
or sober; that the soldiers then insisted on
having something, threatening. to shoot
him and his house to pieces if he did not
furnish the liquor; that he then ordered
them ont, and that on going out of the
door the soldier, Howard, turned: and fred
two shots; the first shot hit JohR in the
breast. On being Cross examined Mr.. Ball
stated that high words passed pretty free
ly; that John called the soldier a id
son of b, and the soldier returned the
compliment; that John had stick in his
baud. When asked if the stick was not
billy, said he did not know, but said the
stick was kept behind the bar. A billy
being brought in Mr.. Ball recognized it as
the weapon that John had in his hand, and
with which he struck at the soldier but did
not hit him.
J. @. Collins the next witness did not
claim to know any thing about the COM
mencement of the affray. Saw fuss WAS
brewing before John Balls house; went
there; saw Howard with drawn pistol;
put his (Collin's) hand on his arm and
begged him for Gods sake not to shoot
Howard then put away his pistol and the
three soldiers started away; that stoner,
who was standing on Balls steps called to
them, "Come back you ID Dutch sons
of BIS and draw that pistol again." that
the soldiers came back; that John Ball
called the soldier id son of b.;
that Ball struck at the soldier with stick,
but did not hit him; that the man struck
at was not the man Howard who fired the
pistol; that the soldiers ran across the
street through the market house and went
off.
Charles h. Stoner said he was standing
on the steps talking to John Ball. His
evidence was much the same as Mr.. E.
Ball's, as to Johns refusing the drinks;
that he could not tell much of what was
said in the house, but that at the door John
Ball struck one of the soldiers with his fist
or open hand he did not know which; that
the second time Ball came to the door he
had the stick or billy in his hand, didn't
see him attempt to strike any body with it;
didn't know which of the soldiers fred the
pistol; denied having either called the SOL
diers back or using the offensive language
attributed to him by Collins.
We might continue the evidence of the
prosecution in extenso without adding
anything to the knowledge of our readers.
The only other witness ofimportance to the
prosecution was Mr.. soroggins, who was
the only officer on the ground during the
disturbance, and even he could tell Moth
ing of the origin of the difficulty.
Some of the witnesses thought that the
soldier drew his pistol before Ball struck
at him, and there was much discrepancy in
the testimony as to the precise time of the
shooting, aud about the spot where the
soldier stood when he fred.
The principal witnesses for the defense
were Copeland and the two soldiers Graf
and Yates.
Copeland gave 8 full history of the time,
place and manner of meeting with the SOL
diers; of his invitation to them to take
drink, and of the course they travelled to
reach Mr.. Balrs tavern, and of Mr.. Balls
refusal to sell them drinks. He could not
remember the words used by Mr.. Ball to
the soldiers he was certain that the SOL
diers did nothing to create disturbance in
the house.
Joseph Graf stated that they went with
citizen to Balls to get drink of beer;
that Mr.. Ball refused to sell to the CITIZEN
that Sergeant Howard then asked Ball to
ls, hin, fpov0r5N have the beer and he