The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-08-16


yided the lip. There was some blood
about one ear, but no wound vas
discovered. The lungs were found
to be sound, with the exception Of
the left lung, which had contracted
an adhesion, perhaps many years ago.
The heart was in a good, healthy conli.
ton, but was very small for u man the
siLe Of Forsythe. The brain substance
was found 10 be normal in every way.
The membranes, however, were copSid-
erably coUgested. There were no rupt.
ured vessels, simply congestion OF the
membranes. The back OF the neck was
in It's natural condition, no dislocation
having taken place. All the wounds
seemed TO have been made BY hard,
blunt instrument, but some Of them
could have been made by the 6st They
all could have been caused by stone or
boulder held in the hand. The injuries
could not have been done BY deceas-
ed being turned over and thrown
down upon the ground. The body had
no appearance to indicate that deceased
had fallen out Of buggy. II there were
any looae stones lying on the surface Of
the ground, the wounds In the head
might have been made by Forry,he fall.
ing 20 that bis head struck upon stone.
Witness was Of the opinion that Forsythe
came 10 his death BY conclusion Of the
brain, resulting either from a fall or
blow. Both the blows and fall might
have caused conclusion, or either. Wit.
ness had known OF injuries more exten.
sive which did not result fatally.
DR.. Allen, who was present At the post
mortem, corroborated DR.. Wilson's testi-
mony as TO the marks Of injury found
upon the body. The Doctor thought For.
sythe might have died Of conclusion, and
the probabilities were that he did. 1t
might have been nervous excitement, or
both excitement and conclusion. There
was nothing about the body to account for
Forsylhe's sudden death. The veins were
found to be considerably enlarged, but
that was probably caused by whisky. The
brain was as healthy as any witness ever
saw. The heart was also in healthy
condition, but there was some fat about
II. Witness saw nothing about the body
10 indicate that Forsythe had died from
The effects OF liquor. The fact that he
Was drinking man, however, aggravated
the Injuries he had received.
Mr.. G. Ed. Mendel was recalled. Mr..
Mendel's testimony was substantially the
same "a given before the jury on Wednes.
day night, synopsis Of which We pub
lisied yesterday morning. In addition
10 what he testified at that time, however,
Mr.. Mendel stated that when Fendt came
up, Just as the two men clinched, Fendt
held schmulbaeh's horses while witness
went TO schmulbach and pulled him of
Of Forsythe. Schmulbach was on top Of
Foraythe, butwas not beating him. For
sythe was lying perfectly still, while
Schmulbach held him and looked at him.
Witness, after pulling schmulbach away
from Forsythe, told him he had better let
Fendt drive his team down, as he was too
drunk 10 drive. Witness then turned TO
Forsyihe and did what he could for him.
Mr.. Heber List was sworn, and stated
to the jury what he saw Of the difficulty.
Witness was sitting in front Of the Stamm
House when the encounter took place,
and started towards the men, and as he
approached them he heard the sound
oil blows. Upon arriving on the spot he
saw Forsythe lying on the ground, with
his right hand under the back Of his head.
He was lying almost across the road, i'm
mediately behind the buggy. His face
was covered with blood. Forsythe was
picked up and carried 10 one aide Of the
road, and laid with his head little higher
than his body. Witness procured sponge
and spopged of Forsythes face, and find.
ing that he was badly hurt suggested to
Messrs. Fendt and Stamm that he be
taken to the city and physician pro-
cured without delay,
John Fendt was recalled, and repeated
bis evidence Of the previous evening. Up.
on being cross eIamined Mr.. Fendt said
that when Forsythe got out Of Schmul.
bach's buggy he jumped out and alighted
upon his feet, and started round to meet
Schmulbach. AS soon as Schmulbach
turned Forsythe over he commenced hit.
ting him. It appeared to witness as
though Schmuibach were sitting on For.
sythe when he was beating him. Witness
noticed nothing in Schmulbach's fists.
The blows sounded as II they were given
by the bare fist.
THE VERDICT.
This closed the evidence, and all per
sons were excluded from the room ex-
cant tho inv Ubn nrnceadad IN consider