The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-10-19
CITY3ANDSTATE NEWS.

~ . -. .ltI
'CIRoIur CopRr.-In this Court yes
to-day. the case Of Geo. 4, Cox rs. John
F. w. Holt, was called Holt introduced
a special plea, which was oyerruled, and
the ease was continued until the mex
term of Court. Our readers will recol
leet that Cox claimed to have been elect
ed member of the last Legislature; at
ter he had taken his seat, . motion fol-
his expulsion was made, en- the charge
made by Holt that Cox was guilty d
perjury, rape. and tearing down the
American tlag Cox >nom sues Holt fol
libel ~F,EyE ,TEgF H>G,
Daniel Quiuimu wis, arraigned on q
charge of assault and battery committed
on Allen Williamson, The jury teturuod
!, verdict Of mot guilty. and the prison,
er was discharged. a,a ~ $500 e {gs;
The case of John Schmidt, charged
with killing his wife, was next, taken up.
A jury, composed principally of gentle
men from the country, was finally en-
pauneled, and the hearing of the evil
dence was began The following is the
substance of the evidence ELECTED:
+, VIM. S. Buchanan, sworn-Reside on
Market street; John Smith resided on
tue, next lot to me; have known him
and his wife for five or six years On Sat
uriay afternoon. abont Goth Nav was
working at new house, when heard
a gun shot and heard some one say Mrs
Smith is shot; went down tn the house
and saw Mrs Smith lying on the ground
blood was Oozing out of her head, aand
she appeared to be in the agonies of
death; saw Smith witha gun in his hand;
my brother-in-law was with me; told
him to watch Smith until / found an
officer.
August Bardy, sworn-I live in Smiths
the prisoners) house, on the hill above
the building he lived in; / knaw Mr.. and
Mrs. Smith; last saw Mrs. Smith Just
after dinner on the day the murder was
committed; / saw Mr.. Smith. with the
gun in his hands; did not see Mrs Smith;
he had the gun in his hands, aiming at
his wife; when | went down Mrs Smith
was lying on the ground; she was dead;
Mr. s. was standing on the porch in the
afternoon ] saw Smith about eleven
o'clock; he was drunk; when he was
sober he treated his wife nice, and took
her to church every Sunday; l had not
been in Smiths house for several months
before the murder - Is,
Mrs George Schell sworn-Have known
Smith and his wife for the past five years;
live few doors above his house; on the
afternoon of the murder was sitting in
my window, when l heard gnn fred /
run over to Smiths house; when / reach
ed there Mrs S. was lying on theiground,
the blood streaming from her head; Mr.
S. was standing on the porch, shak ing his
finger at his wife; / never visited Smiths
kouse much; when last saw Mrs. S. it
was about fifteen minutes before-she was
killed;she was putting cakes in tho bake
oven; she said she always had company
on Sunday, and wished to bake for them.
saw Mr. S. when / was talking 10 Mrs
S; he had bucket in his hand; and was
going into the cellar after cider; he was
drunk, as he had been all day; when he
was tight he was very foolish, and would
play with his dogs. cats and chickens.
: Dr.. Richard Blum, sworn-I am n
practicing physician; | examined the
hody of Mrs Smith, at the request of the
Justice of the Peace; / found a wound on
the left side of the head; the piece of lead
or slug had penetrated the skull ard
lodged in the base of the brain: there
were five flesh wounds on che shoulder,
and several shot had entered the head,
near the lobe of the ear; five shot
must nave entered the brein; the slug
alone was sufficient to produce death;
don't think q person could live over
minute after receiving such wounds
can't tell how long Mrs. s. had been dead
when reached the house, but think it
could not have been more than twenty
five minutes. To the question "what is
the effect on q man when he has once had
the delirium remeps?" the Doctor said the
as it had been before the attack.
Mrs. Cinderella Gray, sworn.-Am not
acquainted with Mr. Smith; live near
his house; saw Mrs. Smith fall she
fell while ascending small pair of steps
leading into the yard back of the house;
| saw the gun, but could not see Mr.
Smith for the smoke; went home and
saw nothing more of the affair.
Mr.. Charles Schraedar, swOrn.-Have
been acquainted with Smith for six or
seven years; knew his wife; on the day
of the murder heard gun fired; l
walked to the door of my shop and heard
some one say, "Mr. Smith has shot his
wife," Invent down to the house; saw
Smith and asked him what he had killed
his wife for; he said he did not do it :;
Smith went into the house; followed
him into the house, and again asked him
why he had killed his wife he said he
knew it was sin, but it was now too
late; he did not stagger much bnt was
drunk; he did not say much, but walked
back and forward on the porch; l
thought he had a revolver, and searched
him found nothing of the kind. He
was either drunk or crazy. .;LS
Mrs. Margaret Dixon. sworn.-Have
been acquainted with Mrs. S. for nearly
seventeen years; have frequently visited
her house; was not at her house the day
of the murder, and know nothing about
it have seen Mr.. 8. drunk several times,
justlallittle tight; several years agohe had
the deliriam hemeas.
Mr.. n Hoffman, swOrn-Am not per-
sonally acquainted with Smith, and
did not know his wife; on the afternoon
of the murder i heard a gun fired; l ran
over to the house; saw MIR. S.; he put
down the gun, and 1 told him to be quiet;
he said, II told her would shoot her
4 n n,.n