The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-01-11
The McNash Murder Trial.
MISS BarHlM ADMITTED TO BAIL.
$4,000 Bonds Required.
The Testimony, sc.

charged with the murder of William j
McNash, on Thursday, December 3Oth,
was had before Judge Melvin yesterday
Between seven and eight o'clock the
Cont House received it's first install.
ment of persons curious to see the &C
cused or anxious to hear the testimony
At 9 o'clock the Court House bell was
rung for the Supreme Court of Appeals,
now in session in that building, and its
tones called out thousands who
tbronged to the Court House, only to
be disappointed again.
As We state above, the Supreme Court
of Appeals was in session ia the Court
House, and it become necessary for
Judge Melvin to have the examination
at the Jail, much more privately than
he intended or than the general public
desired.
The trial was had under the last
clause Of the sixth section of chapter
l56 Code of West Virginia, which is in
these words: "But Circuit Court, or
a Judge thereof, in vacation, may, for
good cause shown, admit any person to
bail before conviction" 1t was not,
therefore, an application for writ of
habeas corpus, as was at FIRST stated.
At about half past niue o'clock the
witnesses on the part of the State were
sworn. The prosecution commenced by
showing that McNash was dead from
the effects of pistol shot wound re-
ceived at the hands of Miss Matte
Batham.
DR.. Baird suorn-Reside on corner of
Fourth and Quincy; am physician;
was called on Thursday before New
Years to see William McNash; I was
called to see another party, and when /
got there they were taking him up stairs;
1 assisted to put him on bed; he was
much prostrasted from the effects Of q
gun.shot wound; probed the wound
aud found that the ball mad entered the
abdomen about an inch to the right of
the navel, entering the cavity of the
stomach. McNash died on the Sunday
after the shooting; he'd post norton
examination and found that he died
from the effects of the wound; there
was about pint of blood in the interi.
or of the body; he died from internal
bemorrhage.
Cross-eramined - The parties were
evidently facing each other, and the d.
rectiou of the bail would indicate that
the pistol muzzle had been dropped,
either from lack Of nerve on the part of
the party shooting, or from hard trig
ger, or duringa scuflle. When his pants
were taken off found pistol in his
pants pocket, and gave it to his brother
in. law.
DR.. Allen 8uorn-His evidence was the
same as DIR. Baird's.
Mss Sarah L. Smith sWOrn-Was at
dinner on the day of the shooting;
Miss Kennedy came to the back door
and asked for Mr.. McNash; / went in
ana said, "Son, Miss Kennedy wants to
see YOU" we always called Mr.. McNash
Son; he went out the back door; shortly
after wards heard the report of pis.
tol; some one said, "she has shot him."
Mrs. Harriet Smith, SWOrn-I was in
the dining room when Miss Batham
called for Mr.. McNash; went to the
kitchen behind MCNash, and as he came
towards her she backed out of tie door,
he following her; the parties were
facing; heard the shot, and heard Miss
Batham say she "wished it had gone
through his heart" / have seen Miss
Batham at our house two or three times
before.
Cross. Erdmined-I keep boarding
house. McNash boarded with me since
the first of April. l was in the kitchen
when l heard Miss Batham say she
wished the bullet had gone through
his heart. | hear very well, and was in
the kitchen and about twenty feet from
the parties.
Nm. Richards sWOrn--I was in the
house eating my dinner, when some one
called for McNash. He had hardly got
out before l heard the shot. / went
out and McNash and Miss Batham were
struggling for the pistol. McNash had
hold of the muzzle of the pistol and she
had hold of the butt with both hands.
took the pistol from them and she
said, "If you are gentleman you will
let go of the pistol" / asked McNash
if he was shot. He said yes, and she
said she didn't care if it was through
the heart.
Cross Eramined-she did not say if
you are gentleman you will "let 60 Of
me-" she said "let 60 of the revolver"
l was scuflling with them, doing what
thought my duty.
George Baer SWorn-Was eating my
dinner with the rest of the boarders
when the lady came. Miss Sally Smith
came in and told McNash that lady
wanted him; he went out and it was
but a short time until we heard a shot;
we all ran out and caught hold of her;
she said, "If you are gentlemen you
will let me co." McNash said, go for
the DOCTOR" / went, and when l re.
turned he was up stairs on the bed.
never saw Miss Batham to know her un-
til Christmas night.
VIM. Nash Kennedy srorn-I was at
work on the corner of German and
Division streets when the shooting
took place; l see Miss Batham every
day; never heard her say she would
shoot McNash; did not know that she
was armed that day; the weapon with
which she shot McNash belonged to me;
it was in my clothes press; | last saw it
there the night before; did not know
that she had taken it that day; she has
lived in my house for four weeks; she
went down on the Monday before the
shooting to see McNash aud ask him if
be was going to keep his promise; he
told her that he was eating his supper,
but that he would be round in the
course of an hour aud make all thing,
right; she told him if he did not he
would have to abide the consequences;
l never heard her say what conse
quences she meant.
Cross EIamined-Miss Batbam is
about l9 years old, and was born at
Brady's Bend, Pennsylvania; her
mother died in child bed; she was
kept by lady for few months, and
was theu taken to my fathers house, on
Main street, Centre Wheeling; she was
raised by her grandmother, and re-
NAMED there until about four weeks