The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-05-16

COat1 vest bOOlS anu pistol 10 4 man Nv
the name of Johnson, from the neiglI-
was to receive $50. The Sheriff ask
ed me if had received the
money. Htold him no. lie asked ME
if l was acquainted with johnson.
told him had seen him once before.
He asked me where had received the
clothes and what was the condition Of
the clothes. told him Just as he found
them. The pants was muddy to the
waist and one of the boots had heel
of. He ask ed me where johnson gave
me the clothes back. told him at Nc
Farland's sheep-shed. Told him that
put the boots on ut the sheep-shed and
wore them up to my boarding
lie asked me how many loads the pis-
tol had i'll it. told him four when
johnson gave it back to me, SIX when
he got it. l told the Sheriff that Johu-
son told me that he had discharged two
of the loads from the pistol. | made
this statement after the Sheriff found
my clothes because l thought it was
better not to tell the truth.
DENIAL OF MURDERoUs INTENT.
We did not go to Mr.. Dinsmore's
with the intention of numbering him.
We went only for the purpose OF rob
bing him. left town the evening of
the 4th of December, between six and
seven o'clock, to go to Mr., Dinsmore's,
knew it was about that time, because
the cars were whistling around in the
cut before entering town. 1t was about
twelve o'clock that night when l got
back to town, as near as l could judge.
WHY FOGLER DID NOT TESTIFY AGAINST
MoSTGoMERY-TuE ARTIFICES OF THE
MoETGoNIERYs TO SILENCE ITIM-HE Is
DECEIVED, DELUDED BY HIS COUNSEL.
Having made the foregoing statement,
InOw deem it prudent TO show the pub
lie why did not testify in the case OF
Montgomery; not that wish 10 expose
any one publicly, but ] want TO warn
others that may follow in my footsteps
in crime moi 10 be deceived by counsel.
l will now proceed 10 show the public
my reasons for not testifying:
Babe Montgomery was brought to
jail in this place on the evening of the
yLh of December. On the. evening of
the following day he called me to come
TO the door of my Cell-his cell being
directly opposite TO mine. He told mo
to get down on the floor of ihe cell
and place my ear to the space un-
der the door, as he wanted to talk
to me, aud didn't want to be over
heard. l told him during the day
that had the irons on. He said !
ought TO have them on and | was a fool
for telling John Baird what i did.
After l got down on the floor he asked
me how thick the irons were and if !
could saw them of if l had a saw.
told him could saw them of if 1 had
one but it would do no good. He said
he would get me saw ii wanted one.
asked him how he would get il, but
he did not tell me how. L told him ]
did not want a saw. ! then asked him
what his father thought of the case.
He said they were down on me "Iikc
hell (meaning by 'Lhey," his father
and GibsOn) for coming out, but TO keep
quiet and il would be all right, This
was before l made the statement to the
COrOner's jury. After that lie wouldn't
speak to me.
had man i'll the cell with me by
the name of Johnson, from Indepcn-
dence, in this county, who vas con-
Victed for assault and battery on oath
of Rebecca White and was under SEN
tence. johnson and Montgomery were
soon on intimate terms. Gibson was
acquainted with him before he came to
Jail and used to give him papers when
lie was i'll to see Babe. / requested the
Sheriff to give me cell to myself
which he did. He removed johnson 10
the opposite side of the hall To IL cell
adjoining that of Babe. johnson and
Babe Kept up great deal OF private
talk which / could not understand.
Gibson used TO go in and see johnson
while in the jail. one day after Gibson
had been into the Jail, johnson called
to me atler he had gone out to come to
the door of my cell. went to the
door; and he told mo to send out by
John Kennedy IJailOrl for Woods Lit
tie. told Johnson TO write it down
and give il to me ut my cell window
which hG did. As near as ] can re-
member the words he used were as fol-
lows: he said for me to send out for
Little, who was a lawyer and good
one; that there was n mnn seen him for
me, and he was told / could get clear.
told him l had no means of getting
lawyer with. The next time after Glib
son went out johnson told me again, by
writing, to send for Little, that he had
said he would take my case, money or
no money. Gibson said the IFIwyers
all belonged to the Free MRsons Lodge
and it was rule among them to help
them who had no money. l told john
son that had heard that Little was in
the West. He said Gibson would tele-
graph for him to come home.
Some time after that JOhnson told mo
TO send out after Little and Judson.
Gibson came into the Jail in n day or
two, and when he was leaving he asked
John if he might speak TO me. John
told him to go around TO my window
and talk to me. Gibson came 10 the
window of my cell and told me in an
undertOne before John came around, to
tell him, Gibson, in Johns presence, to
send i'll Little and Ruth; which did.
They came and saw me That afternoon.
l told them that l had sent for them TO
take advice in reference 10 my case.
Ia Il
them. They told me they would I'M
dertake my case on certain conditions,
namely: that ! would do Just as they
directed in all things, and must reveal
nothing. They told me to keep nv
lips sealed TO every one else but them,
1 told them would do just as they told
me, and / wanted them to be honest
with me and would trust them. Ruth
told me my case was desperate one.
and that it would take desperate men
to meet it, but that L had made it SO
myself, and that could not blame any
one for it but myself. Little then spoke
up and said he saw a faint glimmer of
hope for me, and would acquaint Ruth
with it at an early day, and then they
would tell me all. They didn't say
much the first Gay, but said they would
come in again in few days.
The next visit was made by Ruth. j
then acquainted him with my circum-
and told him had no money
to pay lawyer, and felt it my duty TO
inform him of it. He said he would
take my case on the conditions as he had
said before: that it was desperate case.
He said that he would promise me
nothing at present but that he would
promise to defend me to the best of his
ability, and see that got an impartial
trial. / then told Ruth that / was
afraid he was concerned for Montgom-
ery, He said he was not and would not
pcJure himself for any one
i,,owed IspSN onv nt svnnsthv h FapnomeEy Far NY
said he didn't know whether he did or
not, but that Montgomery told him
when the officers was after Babe that
II had not confessed he would never
have believed me guilty of the charge
u nd rrnnld hnr-n crnr,t. q nm u, -