The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-04-14

middle OF the street, and as he was In Ii
act Of falling, Black shot him the thir,
time; Black followed him up as he shoI
Doctor Smith asked for Gods sake ths
some one should assist him In carryinl
the body into the Office; this was done
witness did not see the body afterward.
Cross Examined By Ar. SsyStsr.-At th
time my eye first fell on Black, McKaII
was advancing on the pavement nea
Canal street corner Rhind's). Don't re
member where Black was when the sec
Ond shot was fred. QuGstion. What wa
said at the time? Collected to by MI
Whitney, who claimed that nothing sub
sequent to the fourth shot could b,
brought in as evidence at this time. Oh
lection sustained) Q. When did yol
hear anything said? a. Immediately
after the first shot. The declaration wa
made by Black as lie got upon the pave
ment after firing the last shot. Q. Abou
how many seconds-five or siX-and wha
was saidI Collected to by Alr. Whitney
Objection overruled by q majority Of tn
Court, they holding that the shooting ant
declaration were simultaneous, or 81
nearly at The same time as to be the.sam
act-Judge Lynch dissentinr) Q.-Wha
was said ut the time? A.-When he 20
upon the pavement he stood there shakinl
his pistol, and DR.. Smith told him not L
shoot; shook 1t two or three times; theI
DR.. Smith said "don't shoot;n DR.. SmiLl
was OF the body at the time; Black ther
exclaimed, THAT'S what you got for ruin
ing my sister and trying to send my fathe
to the penitenliary, and l have still sho
left for any damned scoundrel who says
did wrong"
Geo. G0S-Place Of residence on Baltl.
more street about sixty feet from thu
place where this occurred; timer b,
trade; work in Moorehead's store; wa
looking out OF window at the time; frs
thing 1 saw was Blacks pistoI-tho ilasl
Of II; then saw McKaig throw up hi
hands and stagger; Black followed him uI
and gave a second shot when In the street
on the curb In front of Madore's shop b.
shot the thild time; when McISaig wheel
cd and got 10 the middle OF the stree
Black fred the fourth shot; Black ap
peared to have the pistol In both hand
aller tho first shot; Il was q warm morn
ing; had the window up. (The pisto
was here shown the witness, who said he
could not identify it-it was similEt Il
this one).
CroIS.ErdmiHed,-Was looking al then
moving stove, from Moorehead's store
upon dray; it was the upstairs window
| was looking out Of; When McKaig wa
shot he ran across tho street; did not sex
Black at the time Of the first shot; only
saw tho flash Of the pistol; saw nothing
in McKaig's hand.
By Nr, Whitney-How long after tht
flash did you SEQ BlackH AnL-I do no
think Ii could have been over q second.
Wm, w HoRdig was then called ant
sworn, Q.-Mr, McKaig you are tht
lather Of the deceased, VIM. W. McKaig
A.-Yes, sir. Q-When did his dealt
take placer A.-0n the 18th October
last; his body was conveyed to my house
and dressed there for burial.
At this point some clothing was pro.
duced, which witness stated were The
clothes worn by deceased at the time o
his death.
Dr. r. p DupdR.-Reslde in Cumber
land saw the body Of deceased aitel
death; made an examination; there were
thTSe wounds; one on the left side; ont
near the lett angle Of tho shoulder blade
one In the back on the left side, three
inches from the spine. The Doctor, at the
request oil counsel, here entered into 9
surgical and anatomical description Of the
wounds. He also produced the pistol
balls found In the body Of the deceased
which were shown the Jury.
Cross, Examined By Mr. NelSon.-Exam.
ined tho body at the residence Of VIM. W.
McKaig, Sr.; made casual examination
previously at the Office Of Dr.. Smith
Q.-Could you tell the effect Of gun shot
upon clothingS al cannot In every
case; do not claim to be an expert. Il
would be difficult to tell much about Il
where there was only one orlfice; think
It was the first ball that entered the lefl
side; the second entered the back and
lodged in the bony matter; the third near
the angle Of the shoulder blade; all that
| did was 10 examine the wounds and
probe therefrom the balls; did not ex-
anime the body before the Jury, as they
ad made their verdict, thinking an ex.
hmination unnecessary.
James O 0rriek-ReSide in Cumberland,
on Centre street between the Foundry
and Baltimore street; on the SAME side US
Foundry; saw Black in The morning be.
tore the shooting; had Just looked at my
watch, II was either 10 or fifteen minutes
before s; I saw Black on the same side Of
the street, about the Foundry office, look.
ing in door or window Of the Foundry
or office; he was walking slow, looking
In; after he left the Foundry he walked
on at q more rapid pace; Black had on a
dark overcoat, brown, think in color; he
had his hands in his overcoat pockets.
John s. Crdioen-Reside In Cumber-
land; am druggist; have drug store on
the southeast corner Of Baltimore and
Mechanic streets; was at my store on the
morning Of the shooting; saw Black on
Dailey's corner; he halted slightly on the
curb and then walked west; he had on a
dark oyercoat. right hand In overcoat
pocket; I think both Of his hands were In
the pockets; 1t was about half an hour be.
fore thee shooting,
C,oas. ElamiNsd-It was little cloudy
that morning.
Nez C0nnor-Am a drayman; live In
Cumberland; knew the deceased; saw him
on the morning Of the murder; we met
Just at RhinFs door and spoke to each
other l then went In Rhind's and back
to the water tank; while l was at the
tank I.heard the shot fred; when l got to
the door saw Mr.. McKaig laying sprawl.
ing on the street, and Black with his hand
up, and pistol in II; aher the shooting
was over Black crossed the creek bridge;
l did not 60 to the body at all; went right
TO the foundry and took the news; when
McKaig passed me hc was swinging a
little white-headed cane; he said good
morning" and l spoke TO him; suppose