The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-10-20

shooting with intent 70 malm' "ounp
and kill James W. Sweeney, prefs,Ted
against Lewis Baker and ]. St. John
Clarkson, Of the REaIsTRE, cane of be-
fore Justice A. N. johnson, on Satur.
day. 1t resulted in the discharge Of
both the accused from custody, the
Justice holding that the shooting was
in self defence.
The following is the testimony:
Adam Werneig-On Thursday be-
tween II and II o'clock, 1 was standing
near Brice's drug store in Ritcbietown
when heard firing near the switch or
the street railway; ran up and saw
Sweeney with revolver in his hand
saw Baker run around the other side
OF the car from Sweeney; Sweeney bad
two pistols; be was close to Baker al
the gate and about TO shoot when ar
rested him.
Stephen Waterhouse-Did not ZEE
the first OF the firing; heard a good
many pistol shots the first l saw Bake,
running around the car and Sweeney
after him with a pistol in each hand ;
saw Baker run in the gate and Swee-
ney after him when he Sweeney was
arrested.
John Lowe-Am driver Of car No d 3;
was just stopping at the switch and /
looked back through the glass and saw
some one running towards the car, and
thought he wanted to get on; shot
was fired into the car at once and Baker
and Clarkson both got up, the horses
got very much frightened, but after l
got them stopped l still saw a man fir
| ing. (Here the witness described Swee-
ney.) Sweeney fred two shots into
the Ger before any other shots were
fred.
J. St. J. Clarkson-In the forenoon
, Of last Thursday, Baker wantod to 60
10 Ritchietown aud vote, as that is his
precinct. ] was going my usual round
for items. We got in car No. 4. and
started down. Mr.. John Handlan
drove the car to his residence and there
the driver took charge. AS the car
crossed the railroad track, a German
man pointed and said, els not that fell
low Sweeney who was then some dis
lance behind us in buggy with an
other man. Sweeney drove on down
that street, and did not follow the car
up Denny street. AS our car was
driving in on the switch below, / saw
Sweeney sitting in his buggy not far
from us. AS the car was stopping,
Sweeney jumped out OF the buggy and
ran towards the Car. called to Baker
to Jump as Sweeney fired into the car,
tie ball passing between us. Before
we could get out OF the front end Of
the car, he fired again which struck
me in the shoulder OF the coat.
Baker then got off an the right and
on the lett side OF the front platform
| of the car. / then asked him, what
the hell are you shooting at me for?'
and fired at him. He made reply
and we exchanged shots. He then ran
| around the car at Baker, and / jumped
| in the car to shoot him from the vim
dow before be could get at Baker. As
l did so be fred at me again, the bali
passing clase to my head, He then had
two pistols in his hands.
He then shot at Bske r; Bakers pistol
would net 60 OF. At this time they
were but few feet apart. Baker then
ran towards Blooms house and Sweeney
alter him, just as Baker ran close to
the house, Sweeney shot again, but the
pistol had gone past Bakers body.
then fired at Sweeney, and as he
turned to shoot at me Baker ran
around the corner to gate. Sweeney
vac close 10 Baker and about to shoot
when he wsa arrested 10y officer Wcr-
iGic.
Levi. Bakpr-On Thursday morning
last, shout eleven O'clock, | started to
20 to the Richie district polls TO vote,
| being q resident o. that district Mr.
Ciarkson eaid that as be wanted to 60
to the SIKH ward polls TO see how
things were going there VIC would ride
that Jar together. When we reached
the voting place at the Sixth ward, he
wac goirg to leave the car, tut ! said
Keep on down with ne, aud I'll stop
with You when ~ come haCk We
then got into conversation. about Ohio
politics and newspapers, which was in
terrupted by q German, the only other
passenger in the car, near the rail.
road crossing, calling my atten-
ton to Sweeney in a buggy
behind us and following the car |
was seated with my back to the rear OF
the car and facing Mr.. Clarkson whose
back was towards the front OF the car.
Just IS the car pulled in on the switch
Mr.. Clarkson told me TO jump that
Sweeney was coming. Before either OF
us could rise to our feet, and almost be-
fore Clsrksen had finished bis warning,
q bullet passed between our heads. We
then rushed 10 the front OF the car to
get outside, when second ehot was
fired in the car. | saw Clarkson draw
his revolver and | did the
came; heard Clarkson call to SIee-
ney and ask why he wac shooting
at him; then Sweeney got after me.
My weapon would not 60 off, it was
worthless, aud l found myself utterly
deiense'ces. Sweeney followed me up
and fred two shots at me; the ball OF
one OF them passing through my coat.
He had s revolver in each hand. The
LAST time he fired 81 ne We were almost
breast to brssst got away from him
and went into gate, Sweeney follow
ing me closely.
The following evidence was produc-
ed before the police court on Friday
mornirg, but was not deemed essential
in the hearing OF the State case
Dr.. Hszlett-I was standing in front
Of Br;ce's drug store when / heard
some shots. locked up the street and