The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-06-09

into custody. He aSketl that an examinA.
tlon be waived, which request wasgrantel
by the Justice, whn required him 10 vlyV
bond In the sum Of $500 to appear At tho
County Court and answer. hOllingthNttle
crime with which he stood charged w4S
Sinp mislemeanor. Tho bail wls
given, Mr.. James Haley being the surely,
and Nichols was permitted to 20.
The Prosecuting Attorney heard ri this
rather singular proceeding upon the pnrt
Of the Justice, and In company with Sheriff
'Iingle went down TO South Wheeling and
re.arrested Nichols, AZ an accessory to tho
felonious assault male upon Smith, aud
committed him to jul without bali IN await
the result OF the wounded mans injuIieI,
ArALK WITH "PADDY" NICHOLS.
About 2u'Clock yesterday afternoon, CITY
Sergeant Sweeney went to the iail with A
warrant issued for paddy" Nichols by
Justice WV. Miller, which he read to tho
prisoner. A reporter for this paper, who
accompanied Major Sweeney, had 4 talk
with Paddy" upon the occurrence ot
Saturday. Nichols I'll Iwed very blact
eve, and looked much the wurse Vener.
ally Tor the part he had taken in the rnw.
tie said young Smith had punched his
eye for him. Young Smith, he claimed,
was at the bottom OF the whole business;
he started the row, aud caused all the
trouble.
According to Nichols statement he did
not seek quarrel with Smith, lie halE
Smith picked aQuarrel with him, and they
had fight In which Frank Craig t0nk 4
hand, coming to the assistance Uf young
Smith. In this Fight Nichols had liis IVA
blacked, and was beaten up II good del
about the face. After the fight lie went
with the two ClAtOrS TO the river 10 wash
the blood from his face, aud while they
were there young Smith went over 10 tbs
picnic grounds and told his father that
Nichols had attacked him and attempted
TO shoot him. Young jim hal u pistol
which he hUurished u gUd deal,
swearing he would kill Nichols, when
Jimmy Nichols, the Street Commissioner,
took hold OF him and made him put the
weapon up. Daniel Smith, seeing Jim.
my Nichols handling his son, turned ON
Jimmy with knife and struck at him sev.
eral times Jimmy backed away from him,
going towards the river. Smith fnlluwetl,
close behind, with the knife ex ended in i
threatening manner, and whenever WitlIiI
reach striking at Nichols. Young Smith
followed behind his father with his pis,,l
in his hand, aud upon discovering 'PaI.
dy" and the ClatOr boys ut the water !
edge, opened fire on them. Five shotl
were discharged BY Smith, Ascending ~
Nichols, before the fire was returned by
the Clators.
Nichols says that after the elder Smith
was shot he and the two Claturs came im.
mediately to this side, aud went u Ihej.
several homes. He slept ut his home in
the Eighth Ward, and in the morning yavu
himself up to the authorities, US already
stated. lie appears little nervous over
the trouble he has got himself into, but
declares that all that was done BY either
himself or the Cators was done in self
defense. He was anxious tO learn when
his case would come up for trial, in what
Court 1t would be tried, and il he would
not be admitted 10 bail.
THE cLAToRs
had not been apprehended up to lnto
hour lust night. Their friends stale th4;
they are still in the city, and will vlyI
themselves up this morning. They woull
have surrendered yesterday, it Is claimed.
but for the refusal Of the Prosecuting AZ.
torney to admit Nichols to hail. +. q.
Cracraft, Esq, has been retained to defend
them, and 1t is understood will 90 to 81.
Clairsyille this morning 10 consult with
the Prosecuting Attorney Of BeIuons
county, aud II possible induce him Il,
waive his right OF Jurisdiction, NJ that lhn
cases may be tried here, inasmuch as this
parties all live on this side Of the river,
and the witnesses also all belong here.
THE DYING MAN
fingered all day yesterday, steadily grow.
ing weaker. His physicians were almost
constantly at his bedside, and everything
possible was done tO revive him. lie did
not appear to be- suffering any pain, and
conversed freely with his family. Although
fully realizing That he was rapidly nearing
his end, he appeared quite cheerful.
One of the aItendin4 physicians in tho
afternoon stated to a reporter that there
was bare possibility OF Smiths recovery
but II was hardly one chance in twenty.
Mr.. Wes. Thompson, who has been will,
smith constantly since he was hurt, cume
up town late last night, and is authority
for the statement that the condition uf hi5
patient had changed much for the worse,
and that there was hardly possibility OF
his surviving until morning.
ntn Non,,