The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-06-11
THE SMITH HOMICIDE.

will. and Jasper ClntOr Surrender Then
selves 10 the Authorities, and are Con
nlitted TO JRil-SynopsIs OF Evidenc
Addueed at the Inquest-The Invest
CATION 10 be Continued this Evening.
Yesterday morning ut o'clock, tn
hour at which theSmith inquest had bee
announced 10 commence, q large crow,
had collected at the office Of Justice Mis-
and awaited the proceedings with con
siderable interest, The Squire had sum
moned jury on the previous evening
but inasmuCh as several Of the jurymel
were worklngmen who were occupied dur
ing the day, and did not desire to Iosl
any time,l new jury was empancled
comprising the following gentlemen: S
L. Brice, foreman John Speidel, Fred
Zimmerman, Wm. Boeleke, George Blake
more, Jacob Bieswanger, Wesley Thomp
son, Bernhart Leaedag, George Hess
Louis Wagner, Henry .SchatEer and T. II
Pipes.
About the time the jury had been EN-,
paneled, and the Squire was about to
commence the examination OF witnesses
quite stir was created in the crowd by
the arrival Of Mr.. L. G. Cracraft and vii.
liam and Jasper Clator. The Clator boys
surrendered themselves to the Justice,
who committed them 10 the county Jail
for further examination. They were not
taken to jail, however, until about noon,
when the inquest was adjourned until
evening. -
Prosecuting Attorney Jordan was pres
ent in the interest Of the State, and Mr..
E. G. Cracraft represented the Clator boys
and John. alias Paddy" Nichols, who
are held for the killing Of Smith.
EXAMINATION or WITNESSES.
The first witness called was DR.. Pipes,
who was one OF the physicians attending
Smith, and afterwards assisted in the pOSi
mortem. DR.. Pipes testified in substance
that Smiths death was caused by wound
in his side, made by pistol ball. The
ball penetrated between the sixth and
seventh ribs, about two inches below and
one inch behind the nipple, entering the
right lobe Of the liver and passing down
through the body Of the right kidney,
lodging to the right OF the spine, Just above
the crest OF the ilium. The wound was
made by very large ball. Deceased must
have been in a shopping position when
shot, or else the man that shot him was
very high; he might have been facing
him. An inCised and laCerated scalp
wound was also found, which looked as II
it had been made by stone or some other
blunt instrument.
DR.. Sample Ford was the next witness
His testimony was substantially the same
as that OF Dr.. Pipes.
Dillon Mccormick testified that he saw
the difficulty in which Smith came to his
death. Jim Smith and Charley Clagg.
with two ladies, came up where McCor-
mick was standing. Smith said he would
like to know where Paddy Nichols was,
calling him very dirty name; he wanted
to blow out his brains. Clagg tried to get
Smiths revolver from him, but did not
succeed. Shortly afterwards Paddy
Nichols came out oil saloon with the
Clator boys and other friends; Nichols
walked toward Smith and asked him what
he wanted. Smith drew his revolver and
Paddy pulled out his Clagg got hold Of
Smith and took his pistol from him, and
VIII. Clator took Nichols pistol from him.
Sam. and John Speidel commenced throw.
ing rocks at Clator, and a row followed
After this fight Smith and the Spiehels ran
off toward the picnic, and Nichols and
the Clators went down to the float to wipe
the blood off Nichols face. About three
quarters OF an hour afterwards Jim Smith
came running down to the landing with
his hat of and revolver in his hands,
looking for Nichols and the Clators,
and swearing he would blow their brains
out. Jim Nichols tried to pacify Smith,
when Dan. Smith came along, and raising
knife aloit in his hand struck at Nichols,
swearing he would kill him. Nichols re.
treated, when his brother, Paddy" with
the Clators, came up and commenced
throwing rocks at the Smiths. Dan.
Smith stumbled and fell, and was struck
with q stone when down. Jim Smith
opened fire on his assailants, and the Cla.
tors soon followed, with their pistols. Both
sides continued firing for some minutes
Dan. Smith was making for Will. Clator
with knife, and Clator stepped over the
pickets into the road, Smith still advanc.
ing. Clator leveled his revolver and shot
Smith as he came toward him. Jim Smith
kept on firing after his father fell.
tthe conclusion OF Mr.. Mccormick 5
evidence, the further investigation OF the
case was postponed until Z o'clock in the
evening, in order 10 permit the jurors to
attend Smiths funeral.
Night session.
This session was called at 7:SO SOo'clock at
koch's Hall. The first witness sworn
was
JOHN ". WOOD,
who resides on Wood street at the corner
OF Thirty.seyenth street. He said: |
was at the picnic at Cummins' Grove on
Saturday, 7th Of June, and saw the trouble
in which Smith was injured. The Difficult.
ty occurred at or near the float at Benson's
Ferry. | was at the picnic and came to
the ferry to cross. first understood that
there was a fuss at the ferry, but when
got there went to the river with James
Nichols and saw Paddy Nichols washing
his eye. ! asked him how he got hurt
and he said Chas. Clagg hit him. was
waiting and heard some one coming up
who said "Jim. Nichols you e. Of alb :
get off that boat will kill you" ! then
saw Dan. Smith coming with knife in bis
hand toward Nichols. Ispoke to Nichols
to stop the fuss with me. The other boys,
Paddy Nichols and tho two Clators, were
standing near by. Then shot was fired.
heard pistol go of, but did not see it.
John Nichols and the two Clators came
up after Jas. Nichols. Smith made cut at
Jimmy, and when he did go he (Smith)
must have stumbled, as he fell. lie then
rose to his feet, and | saw John Nichols
strike him with what supposed to be his
fist, and said "don't do that" Smith then
run at him, saw several stones thrown