The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-04-20
THE BLACK mcKAIG HOMICIDE.
Trial of Black at Frederick..SeVenth
Day.


Day.
From Report Of tho Cumberland News.
FREDERICK, April IS, 1871.
After some argument in regard to the
right of the State to introduce rebutting
testimony; TO show that McKaig had no
pistol in his hand when killed and that
Black therefore did not act in self.defence,
the examination was resumed.
EVIDENCE FOR TIE sTATE-REDUTTING
TESTIMONY.
DR.. s. P. Smith recdl!ed-(e Determination
conducted by Mr.. Whitney, Almost
simultaneously with the crack Of the pis.
tOl was at the door; saw both parties;
Black being on the pavement. his head
was above the other; saw the smoke;
when | first saw MCKaig he was evident.
ly suffering from the effect of tho wound;
McKaig had no pistol in his hand from
the time SOW him until he fell; was no
time more than nine PAGES, more frequent.
" not more than five from him; saw the
body in the office; assisted in carrying 1t
there; Merwin McKaig unbuckled the
belt around tho body; I know Charles
Madore; my impressions arc that he did
not unbucklc tho belt; l saw Merwin Nc.
Kaig when he came, and advised him to
remove any papers, watch, &C., upon the
body, which he did; at my advice he I'm.
buckled the belt; there was one pistol in
the holster, which he took out; the street
is 80 feet wide at that point; there was
nothing between me to obscure my view.
l suppose the body lay in the Office fifteen
to twenty minutes; examined the body
and clothing when i lay there; did not
notice the deceased had rear pocket in
his pantaloons, or that 1t was torn; Mer-
win McKaig unbuttoned the vest for the
purpose OF taking out papers and other
things that were there, 1t was at my al.
vice that he took them into his possession;
l can't say that the belt was under the
vest, but 1 did not sect until the vest was
opened; one Of tho holsters was empty;
there was o pistol in the other; don't
know what kind-it was a revolver;
Merwin MCKaig buckled the belt and
pistol to his person; afterwards returned
them when the inquest was made.
a. E. EnfeLd-l have resided in Cum
berland since August last; saw the body
of McKaig when it was lying on the
street in Cumberland on the morning of
the shooting; saw the body raised; when
the head was about a foot from the
ground saw revolver fall from his per-
son; l saw Black step back on the pave.
ment with revolver in his hand after
the shooting; he stuck the revolver In his
right hand overcoat pocket; McKaig was
almost down when first saw him; his
head and shoulders were raised; the pis.
tol fell from his person, from the leit-hand
side.
W II. CahiR reealled-I was not exact.
ly present at the time the body was pick.
ed mp; was running towards the plac
where 1t lay; l saw the pistol picked up
by Mr.. Tearney Immediately upon the
spot where the body had been lying, or
not more than loot to the right; 1t was
as near the centre Of the street as well
could be; the pistol was in the holster:
one Of the holsters-the LEFT hand-was
buckled with the pistol in it; the other
was empty.
Wm. Mooretsdd.-I live In Cumberland;
was at my store on the morning Of the oc.
currence; was present at the picking MP Of
the body; as l caught him by the should.
ers, and raised the body, my impression
is that something jingled on the ground;
something might have fallen and I would
not have seen 1.-THE coat might obscure
my view.
George Cos retaRed-I was upstairs in
Moorchead's shop when the body was
picked up; saw q pistol picked up BY
Mr.. Tearney; it was near the middle Of
the street. o. ...
Dr.. Rsdlty recalled Examined By Mr..
Jones.-I called VIM. VOLTS attention to
the fact that the parties were about to
meet; was sitting on the sill Of the win.
dow; he was standing by; l was sitting
there waiting for my horse. Q-Were
you In q position to see whether McKaig
had u pistol in his hand or not7 (0biect.
ed to by Mr. SGyster, who claimed that
the fact was ELECTED in the main testimony.
Objection sustained) IneVer heard that
Mr.. McKaig had q pistol in his hands un-
til came here. Odd Wolf, in con-
verGatlon with you, tell you that he INC
Kaigl had no pistol In his hands9 lob.
jected to by Mr.. seyster- sustained.)
The State here rested its rebutting ties.
tlmony.
The court wished TO know II the testl.
mony was closed on both sides, There
upon the counsel for the defence retired
for consultation.
Aiter brief retirement they returned
and Mr.. voorhees, announced that thew
here rested the case.
Court adjourned at few minutes paSt
three untlltomoTow wednesday, morn.