The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-09-02
The ounberland .Tragedy.
whereby lawyer BIaeisi-ton lost his liz
nj the hands OF lawyer Hughey.


NJ the hands Of lawyer Hughey.
Cumberland News Of Saturday,
shortly after half.past ten o'clock yes.
terday morning this community was
thrown into state of great excitement
and horror by the intelligence, that spread
as only such news will, that Mr.. A. Hoot-
on BlacIiston had been shot and fatally
wounded by Thomas Cook Hughey.
Both were well.known lawyers and citi-
zens, and the dreadful affair was the one
topic Of conversation by excited groups Of
people all over the streets, in every bust
ness house and every household. The
cause OF the shooting was, OF course, a
matter OF much discussion and rs little
was automatically known Of 1t many varied
accounts obtained circulation. ltwas gen.
orally understood that there had been for
some weeks past difficulties between the
parties and their friends growing out Of dis
puted questions in legal matters, but Just
exactly how much bearing older affairs
had upon that which led to the fatal and
deplonble encounter, was not known.
We propose to go back only far enough to
explain the cause OF tho meeting OF the
two attorneys, the circumstances and even
details ofwhich meeting are widely known,
Us the dreadful affair occupied but two or
three minutes, and the statements Of the
witnesses, all intelligent gentlemen, were
soon made.
Among Mr.. Hughey's business was that
OF having in trust the estate OF Capt John
Weir, formerly proprietor OF Weir's hotel,
this city. Over n year ago Mr.. Hughey, as
trustee, made Il sale Of part Of the effects Of
Capt. Weir, and some time thereafter
made report to the court OF that sale, and
his receipts and disbursements from the
trust fund. Objections to this report were
filed by certain creditors, for whom Mr..
Blackiston was attorney. The objections
were sustained by the Court and excep-
tons taken by Mr.. Hughcy, who en-
ployed Mcssrs. William ]. Read and Viii.
liam Brace, as his attorneys. On July 10
q petition was filed by Mr.. Blackiston, as
attorney for Mr.. FraHk o.. Baush, suryiy.
ing partner OF W. r. Beall & Co., creditors
OF Capt. Weir, stating that Mr.. Hughey, as
trustee, had sold two billiard tables and
other articles, and had unnecessarily de.
laycd settlement and report, and that he
had not kept separate in the bank the
funds OF the trust, and praying the court
TO order the taking by Mr.. 7. +. Gambler,
special auditor, OF such testimony Us the
Petitioner might desire, in order to ascer-
tain the amount OF the unreported sales
and collections. The Court granted the
order, and Special Auditor Gambler fixed
yesterday morning at ten o'clock us the
time for the taking Of the testimony. at
that hour Mr.. Blackiston and Mr.. Baush,
and Mr.. Brace, representing Mr.. Hughey,
went to Mr.. Gamblers office, and found
that there had been filed an hour before
by Mr.. HughCy, second report, embrac-
ing the sales and collections made subse.
quent to the first report, and petition
and affidavit from Mr.. Hughey to the
Court, stating that he could not obtain jus.
tice before Judge Pearre and praying that
the matter be heard by one or both Of the
other judges OF the Circuit Court. As
the counsel on neither side had seen these
papers the taking of the testimony was at
their request postponed until Monday,
September I'd, and Mr.. Brace went away.
Mr.. Blackiston read the report and then
went to his office with Mr.. Brace. One
paragraph in the report related to Mr..
Blackiston. We copy it Verbatim:
After the fIIng Of the saId obIestion, sId A. II.
BlaekIStou Is the attorney In the cass approached
your trustee and offered 70 rhiruE the said oblee-
lions II your trustee would pay him the sum q m
TO pay hih or anybody else Ssai therefor The said
BlaeEiSton then approached william J. Reed, Esq,
ian attorney Of this bar who your trustee had retained
as his counsel In this case 70 argue said exceptions
etc., and solicited Adm TO use his Influence with your
trustee TO induce him 70 pay him tBlAekiston) AOme
thing to Tihdru1 said objections, As he (Blaekision
In. u kaaN -l..a
thefa was % "compromIse" your trustee has As yet
failed 10 comprehend, unless II was compounds" Of
his dignity aud honesty.
On reaching his office Mr.. Blackiston re-
uuested Mr.. Baush to 90 to Mr.. Hughey's
office with him, and they went there to-
gether. Arriving there they met Mr.. Brace
coming out the door. Mr.. Hughey was
sitting in his chair at his desk. Mr.. Black
iston approached him and said, 81 have
read your report in that case; what II con-
tains in regard to me is add lie. You're
a lying s. Of o b." and struck Mr..
Hughey two or three blows about the
head with his fist. Mr.. Hughey sprang
up, drawing revolver, but was caught and
pushed into corner OF the room by Mr..
Baush. who cried to Mr.. Brace, who in the
meantime had seized Mr.. Blackiston,
Take Blackiston away" and "Hughey
don't shoot" Just then Messrs. j. J. and
j. 4. McHenry, who had heard the loud
voices, ran into the office and the latter
caught Mr.. Blackiston's arm. Mr.. Hughey,
who was in fearful state OF excitement,
cried, ''if you advance on me III shoot Tor
kill youw Mr.. BlackistOn said, ~ am
not afraid" Mr.. Hughey then said, "you
son OF =" but did not complete the sen=
tence before Mr.. Blackiston burst away
from the gentlemen holding him and DASH
cd toward the speaker, the pistol-shot
rang out. Mr.. Blackiston then latter he
had received the wound) struck Mr..
Hughey three or four blows, and they
clinched and fell to the floor, Mr.. Hughey
underneath, crying, "Take him off," The
Messrs. McHenry, as soon as they could
recover themselves, sprang forward, and
seizing Mr.. Blackiston's arms lifted him
up, when Mr.. Hughey drew himself out,
dropping his pistol on tho floor, and ran
out OF the door and, by the court in the
rear, into the law Office OF MessrS. Gordon
& Son, where he was found in a state of
great excitement and apprehension by Mr..
X. II. Gordon, whom he requested, after
asking "if he had hit him, y to 60 for the
Sheriff. Sheriff Marley was near the Off
ce when the shot was fired, ran in and on
the affair being briefly explained TO him
ran out and up the Court House hill in
search Of Mr.. Hughey. Mr.. Gordon went
to the iail and related the occurrence to
Deputy Sheriff Callaghan, who immedi-
ately returned with him and arrested Mr..
Hughey, taking him by the rear streets to
the Court House, as by this time large
crowd had collected on Washington street
in front ofAIr Hughey's Office.
After raising Mr.. Blackiston from his
STOPPING or kneeling position, Mr.. ]. J. Nc
Henry saw his face pale rapidly, and said:
"Blackiston, are you shot?" eyes, am"
was the reply, and these words were the
last he uttered, as he then lost conscious
ness and did not recover again; Mr.: Nc
Henry then cried "My God, BlaclSiston,
you're dying; have you any message for
your wife," The dying man did not re-
ply. Messrs. Bruce and ]. A. McHenry