The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-08-27
MARTINS FERRY.
The Facts in the Case OF the Kill.
ing Of Phillip NeihartIt Friday
Night.

The Facts in the Case Of the kill.
ing OF Phillip NeiIiardt Friday
Night.
On Saturday morning the air was full
OF conflicting reports in regard to Mar.
shal Mcfarland shooting and killing
Phillip Neihardt, n young man Of about
IL years Of age, the night before. Upon
repairing to the residence Of Mr.. Nei.
hardt We found that 1t was true that
Phillip had been shot the night before,
and that 1t had resulted In his death at
81 o'clock on Saturday morning, and that
an inquest would be held as soon US the
coroner arrived. At one o'clock Coroner
Thomas Garrett arrived and impanneled
the following jury: L. W. Jones, Levi
Shipman, W. D. Beazle, John Wallace
and K. n. TheRker, before whom several
witnesses were examined and the follow.
ing facts ELECTED: That on Friday night
NeihNrdt (Phillip's father) came home In
state OF intoxicNtion and com.
menced flushing with the family, and
about 10 o'clock drove all the family ex.
Cept Phillip out Of the hOuGe, when-so some
person went to the Mayors office and re.
ported the fact to Marshal Mcfarland,
and he and Lemuel Duff went around to
Neihardt's house to arrest the old man,
and were taking him out when Phillip
asked what they we're going to do with his
father. When told that they were go
ing to take him to the lookup he replied
that ii his father went he would have to
be taken too, and tried 10 take his father
away from the officers, and persisted in
the attempt until Mcfarland arrested
him too, when the mother, who was at
the house OF neighbor, came running
down the pavement and undertook to
take the ron away from Mcfarland, and
in the sCuille that ensued on
the pavement a revolver, which
Mcfarland had in his hand, went Of and
the ball entered the breast Of Phillip lust
below the collar bone, after which he
started and walked about one hundred
ieet to the house Of neighbor, where he
died at 81 o'clock Saturday morning.
Drs. West, Williams and Blackford
made Il post mortem examination and
testified that the deceased came TO his
death from the effects OF Il pistol or
gunshot wound, after which the jury re.
turned n verdict that 1--WE the Jury do
find the deceased, Phillip Neihardt, came
to his death from the effects Of pistol
shot wound by the hand Of Benjamin Nc.
Farland, whether accidental or otherwise
the Jury are unable 10 say"
We then repaired to the lookup to in.
terview Mr.. Mcfarland who had, i'm.
mediately after the shooting occurred,
given himself up, and from him we
learned that the foregoing statement was
substantially true. lie stated that he
had the revolver in his hand thinking to
intimidate the boy, but had not the least
idea Of using it, but that after he had ar
rested Phillip, and while the scuilIing
was going on, Mrs. Neihardt ran up and
interfered, when the sCuflle became gen.
eral between the officers aud the Mel.
hardts, and the revolver was accidentally
discharged with the aforestated result:
that had the mother not interfered
the boy would not have been hurt;
that notwithstanding the fact that
Phillip and his father, too, had given
him great deal Of trouble in the dis
charge Of his official duty, yet he did not
have the least idea or intention OF in.
juring either, and that the shooting and
killing was purely accidental while in
discharge OF his official duty. Owing 10 |
the state OF feeling against him by the
friends Of young NeihHrdt, he will waive
an examination md let the Grand Jury
investigate the case. 1t is unfortunate
for all parties connected with this case,
that ii resulted as it did, but it is to be
hoped that good lesson may be learned
by officers 10 be more careful in handling
weapons when making arrests. and also
that violators Of law will learn
to submit to an investigation OF the
charge upon which an officer makes an
arrest. 1t has got 80 here in this place
that an officer can hardly arrest one Of
our smallest boys without having u gem
eral sCuflle, and very frequently has 10
contend with outside interference from
the friends Of arrested parties. In jus.
tiCe to Mr.. Mcfarland in this connection
We must say that public opinion hereto.
fore has been that he hab used too mild
means with violators OF law and order,
and has frequently allowed himself to be
interlered with and imposed upon in his
yindicatiun of law,