The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-06-12
THE SMITH INQUEST

James aud Charles smith, street Com
missioner Nichols and OtheFs-A Yer
diet Agreed Upon nj MIdnlght-E EIthei
Jasper or VIII. CIat0r Responsible fol
smiths Death.
The investigation Of the Smith homictd,
was resumed last evening, before Squire
Mix and jury Of inquest, at KoClrs Hall
Eighth ward. The first witness called was
CHARLES SMITH,
a son OF deceased. Witness was at the
picnic OF the Leasure Boat Club. Saw Pad,
dy Nichols and another man, and heard
Paddy ask for something, Then saw
James Smith going down the hill-haloed
forthe meH to catch him, and finally Wit
ness ran and caught him, but he got away.
Jim told witness to look out, as his father
would be down, and just then
the latter came running down.
Billy Blatner held Jim, and
father fell down. Paddy went over
and hit him with a stone while he was
down, and threw another and missed him.
Witness then went to Jim; saw a man
whom he did not know shooting at Jim. lie
fired two or three shots at Jim. Have not
seen the party since. Two OF the men
said Lets co. and one still staid shoot.
ing. saw him afterwartls getting in o
skiT with Paddy. ] didn't know father was
shot; saw him lying down. The party
uhn waa oh ontto0 o,ov u,1 oIovo A., Ill
cts. remained till father was brought
home. Jimmy came running down; he
said father would be coming down.
Jimmy had revolver in his hand; he
fired It after father was down or shot by
the man that was shooting. Father had a
knife in his hand; did not hear father say
"you 8 = Of b., | will kill YOU" Saw
father run ut Jimmy Nichols; father was
running down in the direction OF the boys
with knife in his hand.
MRS. wILHELMENA MAdADoRS,
the next witness, with two other ladies, was
waiting at the ferry 10 go home. Paddy
Nichols and one OF the Speidels had been
fighting; Nichols came up aud drew a
revolver on Jim Smith, who was with the
ladies'. Jim said, "lIe's going to kill me. !"
Witness knew nothing further Of the
difficulty.
JAMES SMITH,
son Of Dan. Smith, testified that he was
with three young ladies', when he heard
some one say, "rhere's Jim Smith, the
.-- | was looking for" Wit.
ness turned and saw Jim Nichols rise Off
another man, just by the ferry waiting
room. lie drew revolver and ran to.
ward me, pointing the pistol at my stom.
aCh. He was just far enough away for
the ladies to step between us. / said,
"He will kill me-" The crowd between
hlm and the ladies, ] thought, knocked
the revolver out Of his hand. Bill
Clator picked it up, and the Cla.
tor boys started to throw stones. |
went down the bank; met Charles Clagg,
and told him Paddy Nichols had tried to
shoot me. Asked him to go back with
me; said we'd go back and see Nichols.
Got up at the waiting room, | with small
revolver in my hand. Heard that Mich
oils had crossed the river. The pistol
went oil, and Charles Clagg took itfrom
me and put it in his pocket, Nichols and
the two Clators came out Of q saloon.
Nichols came at me with u revolver, and
said he would "tix me-" Clagg told me,
"No, he wouldn't" and held him. Mich.
oils exclaimed 'Let me 20, or IN
give it to you" Clagg said
"All right" or words to that effect. They
tusscled, and Clagg threw him down.
Clator and the others had chased me
down the bank with stones. went up To
Clator, got him by the hand and told him
not TO let them kick Clagg, to show him
fair play, that he had no friends there. |
stood on the bank till Clagg came, and
we started for the picnic. met father.
lie had a knife; l thought he was whit
Ting. lie asked me what was the matter,
and told him. lie started for the scene
Of the fuss; some one tried to
stop him, but could not. tried
to hold him, but failed, and start.
ed after him; begged for revolver
TO protect him, and finally got one. When
! was going down To the ferry saw shot
fired, and father fell Some one caught
me. John Nichols threw two stones at
father; one hit him. The two Clators and
Nichols jumped over the pickCts. tried
to follow, and one of them shot at me.
fell back, and jasper Clator threw at me,
and then shot at me again, but the pistol
would not go of. fired but once, and
then after father was shot, and l was shot
at twice. think Will. Clator shot father.
He was OH the north side Of the road,
about forty feet from the ferry float, and
further across the road. A draft OF the
location was shown witness, and he Joint
ell out the relative positions Of the parties.
Roger Atwell was sworn. Witness saw
only part Of the difficulty. His testimo.
ny concerning the shooting is substan-
tiNllythe same as that OF Hay, Clagg and
others, who were examined on Tuesday.
Joseph II. Freese was next called to the
witness stand. Mr.. Freese saw the afTray
from this side Of the river; was standing
on the river bank on the West Virginia
side, above Benson's Ferry, when Il oc.
Cured. Did not recognize any Of the par
ties to the shooting.
NOTES OF THE POST NOlsTEM.
DIR. R. W. Hazlett submitted the follow.
ing notes OF the post mOrtSm OF Daniel
Smith:
"IIead-Incised laCerated wound of left
side OF the head, inches in extent, over
the suture between the parietal and occip-
ital bones-no fracture OF the skull.
"Chcst-Gun shot wound situated q
inches below right nipple and I ofan inch
posterior TO vertical line with this nipple.
The ball entered between the sixth and
seventh ribs, passed downward and back.
ward through the right pleura, the lia,
phragm, the right lobe OF the liver, the
right kidney, and lodged in the lumbar
muscles, near theright lateral process OF the
fifth lumbar vertabrr, and was from thence
extracted; calibre OF shot said to be 32
Death ensued from the extent and nun
Der OF the organs injured, with subse
quent efIusion Of blood within the riphr
pleura and abdominal cavity, and pro6a
bly, from eXtravasation OF urine into Tho
abdominal cavity, from the wounded
kidney, and from peritonitis."
STREET COMMISSIONER NICHOLAS,
who saw the whole OF the fracas between
John Nichols, the Clators and the tw(
Smiths, testified in substance that he hear
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