The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-01-31

case IN the composing room; heard shots;
waited little; then saw Clary standing
at the door Of the job room; went to the
door; they were then taking Clary into
Darnelrs room; met Bradley ascending
first Hight OF steps leading TO third story;
! went down stairs 10 the street door; saw
Resley on opposite side Of street, heard
him say, "here ! am" that Is all l heard
him say; l went from there 10 the office Of
DR.. 0hr.
Daniel ]. Bradley recalled for State
] have stood at the imposing stone; at
front Of 1t, leaning on the stone and can
just see the top Of windowsin the FIRST
stories on the. opposite side OF the street;
Mr.. Syester requested me 10 make the ex.
pertinent the other day; had done II be-
lore; ] did not think aman could be seen
from that position across the street; the
subject had been discussed; the stone sets
between the two windows; the stone Is
about three feet and half long, and
stands out about six inches from the WALL
q man standing at the front of stone
would be about four feet from window;
the heighth of stone 10 about up to my
breast. a.
Gross examined Il never threatened to
kill Mf. Ressley, nor tried to find his
father to kill him; knew Reynolds In
Couzens' saloon; had pistol there never
threatened to kill any one, either at
Wier's or Couzens' saloon, ! didn't make
such threats tho night Of the killing or
any other time. Stil
The State here rested Its case at 1915
p. NJ; the counsel for defence then asked
leave TO retire for consultation, but re.
turned at 2:25 Il. M ~
OPENING FOR TINE pRFENck. =
The opening statement for the defence
was made by Mr.. James II. Shelley. The
following Is the substance OF his remarks;
He said:
This ia a difficult case for man, look
Ing at all the surrounding, to speak calmly
OF the case before thej1ry. 1T will be
our agreeable duty TO show you stale q
case that will prevent your pausing mo.
ment, or leaving the box, before you will
cay that the State OF Maryland has not
made out q case. Resley and his father
were no strangers inIthis. community. The
father had been clerk Of the court here ior
twenty.one years; that John Resley was
assistant collector oil tolls at the office OF
the Chesapeake and Ohio Canal; that John
Resley knew nothing Of the article pub
lished In the Daily Tines until he went ID
dinner On that day; that no was informed
Of 1t by his cousin Percy Rowland, as
they came down street from dinner, and
that just at that moment they met Broyd.
rick; asked him il he had written the ARD.
Gle; Broydrick said no, that he was not the
political editor OF the Times Resley then
said, l will make a politician OF you and
Clary too; that Resley went into the office
for the purpose Of demonstrating with
Clary; THAT when Resley met Clary9in the
passage he asked him II he was the author
Of that scurrilous article about his father;
Clary's response was "get out OF this you
g. Of ab-h, and Immediately snapped
his pistol at Resley, and that Resley then
drew and fired; then left, leaving Clary
there.
The defence claims TO have many wit.
nesses TO sustain this view Of the case.
Should they succeed in doing so 1t will
cause quite surprise in this community.
Court adjourned at 8 p. NJ. until tomor
row at 8 A. NJ.