The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-10-19
GIa1sEeLIfaeneen.
THURsDAT HORNINas OCF. IS.1

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THURsDAT MORNING.. 0CT. ISI
CTRcUTr CoURr-Jsdgs OaEdlreV pre-
sidiisg.-Circuit Court met yesterday
morning at O'Clock. ss,a-4
The case Of Odd Fellows Han Asso-
citation Is. E. Booking was continued
until the next term OF the Court.
The Same action was had In the case |
of George X. Cox rs. J. +. w, Holt.
A. T. Harris was appointed guardian
OF Elizabeth, William and Mary Akin
son. Bond $1,000, with Joseph H. Com
nelly security.
Tho chancery suit of the NIanufae-
turers' and Farmers Bank rs. A. CaId-
well was dismissed at the plaintiffs
cost.
The case Ofthe State Vs. Patrick and
Daniel Quinlan, for assault on Allen
Williamson. Daniel Quinlan was ar
raigned, tried and acquitted. Patrick
was not present, being absent nom the
city. It was pretty well established
that Patrick was the party who COM
mitted the assault. but he being ROa est
isreatus escapes just punishment.
In the afternoon the trial OF John
Schmidt, charged with the murder OF
Elizabeth Schmidt, was commenced.
The following Is the jury for the trial
Ofthe case: Thomas Hemphill, Andrew
Mitchell, Alfred Kimmons, Samuel
Oldham, Barnard GROW, John Elliott,
David A. L. Sivert, William Haul, Asel
Hun, August Knoke, Edmund Booking
and John Brown.
Amer theempanneling of the jury the
evidence was commenced and kept up
as follows:
WINS. Buchanan.-l BY prosecution.)
Lives on Market street, Wheeling,
next door 70 Schmidt. Has known ac-
cused for 5 or years. On Saturday
afternoon, about May I'd, 1s85, us he
was working at a new house, heard a
gun shot, and heard some one say Mrs.
Schmidt was shot. Went to Sehmidt's
hOuse and saw Mrs. Schmidt lying on
the ground and blood OOZing out of her
head. He told his brOther-in-law,
who was with him, to watch the nCcns-
ed while he went for police man. An
arrest was then made. (By defendant.l
Had given some information to the
States attorney about witnesses. Had
made some enquiries about certain
witnesses.
August Barthe.-(By prosecutiOn.)-
Lives in Schmidt'supper house. Known
Schmidt for many years. Knew his
wife. Saw her on the dny OF her death.
Saw Schmidt hiring the gun, but didn't
see the woman until amer her DEATH
Heard the gun fired and came down the
hill and saw the woman lying dead
Schmidt had the gun pointed toward
the body. Body was lying about 10 feet
from the gun and In the direction of the
gun'sAim. Schmidt went Into the house
and came out again. Knows nothing
Of previous threats of accused against
his wife. Accused didn't look right to
witness (By defendant HAccused was
n little drunk about IL A. N. that day.
When witness went to the house he
spoke to accused, but could get nothing
out OF him but little laugh. Didn't
give any evidence OF knowing what he
had done. Wasn't much acquainted
with accused or his wife. He saw them
together frequently at church. Never
width Of the street from accused.
'CBy prosecution.&- Have seen Schmidt
drunk. He behaved himself when So
Der. Witness never kept company
much with Schmidt. When witness
was in accused's company, he (accnsed)
always behaved well. Never in
Schmidts house when he was drunk
(By defendnnt.l-Whens sober, Schmidt
always treated his wife well. Saw them
frequently at church together and feed
ing the COWS GOgeG@Efs
Mrs. Schell.RBy Prosecution. Has
known of Schmidt and his wife for
years. Lived near nsIghbors to them
north, on the same side of the street
On the day OF Mrs. Schmidt's death wit
ness was In her neighbours (aGrs. Gep-
hartl house. looking out Of the vim
dow; heard n shot; looked over at
Schmidts house and saw a smoke; ran
over into her own yard and into
Schmtdta. Saw Mrs. Schmidt lying
down, with blood running out OF her
head. Mr.. Rhodes shook Mrs. Schmidt
to see IL she was still alive. Schmidt
was standing near, shaking his finger.
and said nothing to witness. Mrs.
Schmidt was lying with her back to the
tence, on her right side. Schmidt was
looking towards her, and afterwards
went into the house. Didn't visit
Schmidt's much; never saw any harm
done deceased by accused. Saw de-
ceased a few moments before her death
at the bake-Oven. (By the Defendant
Saw Mrs. Schmidt about a quarter Of
an hour before her death. Didn't see
Schmidt. Saw him go into his cellar
when she was ut Mrs. Gephart's, with
bucket or pitcher. He had been
drinking that day. When she saw him
go1ntO the cellar he acted unlike sob
er man. She has seen him drunk. He
would play with his dogs and cats then,
and call them his soldiers. He offen
TOOK such spells. Never saw him in de-
liriltm tremeHs. Saw accused and his
his wife frequently together. When he
was sober he was as nice a man as
could be found. He lost onaeye IL VIVA
said, from drinking. Amer the shoot.
ing he didn't Try. 70 hide, but was scared
like. (By the Prosecution. l=He was
alWaya drunk when he played with his
dogs. When he went into the cellar he
looked tight. This was just Few mo-
ments before the killing. (By the De-
teudnnEl-Cellar has no steps Has
heard that ACCUSED shot 1t m stIntiaI,..
ers. Has heard shots said to be those OF
Schmidt's gun.
DR.. Blum-tB By the prosecution -Isa
prnetteing phyBiciun; knows accused:
examined Mrs. Schmidt's body al Tire
request OF a Justice Of the peace: found
wound on LETT cheek about X Ofan incEI
in diameter, made evidently by 4. sine.
missile had penetrated the skull: made
memorandum, (Which he prOducetl:l
aug lodged at the base of the brnIn,
There were shot aesh wounds in the
shoulder; ! near the ear, Inch back
below the ear; In neck, inches llaels
OF ear; shot in the brain; slug would
have produced death; shot that passed |
oehlnu the ear would have produced |
death. A he1lthy person with such
wounds would not live minute.
round body lying in the room with
head covered; this was in the 4 ffernoo1,
between and o'clock: must have
been same day Mrs. Schmidt WINS shot
rs the body WRsw warm. defendant 4
II man had had the deliriHpR fy-ei1eIS
drinking again would be apt to induce
second attnck-u second attRck h
more easily brought on than Tie iFst.
Wy inc prosecution. IA man newer an