The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-18


they stopped in Carman's saloon, on Bel
mont street. below the creek. They here
met Christopher Stratton, another miner,
with whom Hardy had had difficulty.
The difficulty between these two was
amicably settled, on account OF which
Binks called Hardy n coward. This led
TO a slight fisticuff, but after several blows
had been exchanged Hardy left the sa-
loon in company with Carter Sutton, and
the two went down home. About an hour
afterwards Binks also went down, saying
he was gpingio HardyIs, where he board
ed, for his clothes. Near Hardy's house
Binks and his companions were met by
Hardy, who, after few words, drew n re-
yolver and fred FIVE shots, three Of which
struck Binks, one in the left thigh, anoth-
er in the left breast, and the third in the
heart. Binks ran across the-f road and
sat down, vomiting freely. He lived, &C.
cording to all accounts, about a quarter
OF an hour. Hardy showed signs OF re-
morse after Bipks' death, tearing outhis
hair and attempting 10 shoot himself.
Sutton, whoiwas present a. the shooting,
accompanied him TO town, and gave him
up to Mayor Strahl, also surrendering
the revolver with which the shooting was
done. III
County Coroner Garrett was called
and impanneled jury, consisting OF W
H. McMahon, Jacob II. Berry, Thomas
Dunlap, james Marlin, John Hadly and
Adam Rockenhouser.'- = E-- @ c 4
Carter Stratton was sworn and tesd-
fed: Was with Hardy and Binks in
town. They had fight in Carmans
saloon. The difficulty was not settled.
Came down with Hardy about an hour
before the crowd came. Hardy said this
was the second fuss they had had, and
John Binks should board with him no
more. He made no threats OF violence
toward Binks. l had been at the works
three.auarters OF an hour when started
home. Met John Christy and Binks.
The latter said he was going down to get
his things; said he would whip Hardy.
Hardy heard Binks say this, and nn'
swered that Binks could not whip him.
He came upon the pike opposite the door
to meet Binks, who picked up stone
and went for Hardy. When they aP-
preached one another a.shot was fired.
Four or five shots were fired in all.
Binks said, ~ am shotW. and laid down
on the road and yomited. He spoke but
once after the shots were fired. We car.
ried him into Hardy's house. l was from
fifteen to forty feet away during the firing.
Hardys wife and Girls. Stratton were pre-
sent during the fight. Mrs. FL. was not
present when the fight commenced. Strat.
ton was Ten or fifteen feet awayfton the
firing. Hesaid nothing, Mrs. Il. asked her
husband II he had shot Binks, and he said
"yes", Stratton tried to discourage the
fussing. l left Binks about fifteen or
twenty minutes after he was shot.
Thought he was about gone. Saw the
pistol after the fight.
Erwin Baker testified: The shooting
was between IL and l2 o'clock. WAS iIf
bed when I heard it. Went into the kitch-
in and heard the second shot. Opened
the door and heard the parties and knew
their voices. Heard one Of the parties
say: "You have shot mer' or 81 will
shoot you n -Conldn'tsay which. Heard
at least three shots.
James Dean testified: Heard shots be-
tween II and l2 o'clock. Was about one
hundred yards away at the time. Did
not witness any part,of the fight srin
Christopher StrattOn testified: Was ac-
quainted with deceased four months the
Sh Of this February. Was with him
Yesterday evening In Bellairc, drinking
beer. Binks called Hardy q coward for
making up difficulty with me. They
struck blows. This was in Carman's sa-
loon. Hardy went home with Carter
Sutton. / came home with Binks. B.
was going to take his clothes away. He
said II Hardy came at him he would go
for him-would put double load
through him-that we would both go for
him. Can't tell how they met but heard
Hardy say "you bugger you; are you get
ting brick? heard 4 shot Immediately
after; then two more shots. Came down
where they were fighting and saw Binks
lying down. Bqrdy made no threats. |
helped Sutton and Hardy carry Binks in
to the house. Opened his shirt and saw
blood on his left breast. Told Hardy he
had shot Binks. He said nothing but
commenced tearing his hair out. Don't
know the time Of night. Saw no revolver
during the fight. -
Mrs. Isabella Hardy testified: My
husband was up town yesterday evening.
Don't know what time he came home.
Was slightly intoxicated, and said he had
had a difficulty with Jack Binks and
Chris. Sratton. Heard him make no
threats. Don't know that he had re-
Solyer, or that he pnt one in his pocket
when he came home. Said nothing when
he left the house. Heard no words be.
tween the parties. Did not see the fight.
Could not say. how long Binks lived after
he was shot. Went to him after he was
wounded, aud he asked for his clothes.
Hardy made an attemptto shoot himself
after he came into the house.
DR.. A. J. Landers and DR.. A. J. Nc.
Clure testified: Having examined body
ofdeceased, John Binks, we find that he
received three bullet wounds; the first in
the left iIliac artery in the hip; the ball
passing beneath the integument and lodg-
ing in the crest OF the illium, or hip bone.
The second about three inches below the
armpit, and three and threefonrth inches
from the left nipple, the bullet passing
into the cavity OF the chest. The third,
one and one.iourth inches below, and u
little 10 the let Of the left nipple, the ball
passing into the cavity Of the chest and
backwards toward the middle line OF the
body. The last Of these wounds alone
was sufficient TO cause immediate death.
The iury returned tho following yer :
dict: y rr.:gE o. a}n- },a,
We, the undersigned jurors empanneled
and sworn OH the seventeenth day Of Feb.
ruary, 1875, at the Pittsburgh coal works,
township OF Pultney, county OF Belmont
and State OF Ohio, by Thomas Garret,
Coroner Of said county, 10 inquire and
true presentment make In what manner
and 6y whom the deceased, John Binks,
came 10 his death, do find, after examina-
ton OF the body and after hearing the eyi-
dencc that the deceased, John Binks,
came to his death from three pistol shot
wounds inflicted by the hand ot William
Hardy. ---..-,-..,,. .-.., nv
JACOB H, BERRY,
80. THos DuHIAP, '''
sa JAMES MARLIN,
... O. ~ JOHN HkDLY, G2iTIT'
AhAM RoCKRRsH AusER,