The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-02-26


large crowd collected at Squire Mix's
office, in the Eighth ward, yesterday alter
noon, anticipating the continuance OF the
preliminary examination OF Frank Horn
and Walter Riggs, charged with murder
ing John Rels OF n night Of February
2Sd, near the Belmont GIil1. Many friends
OF the two accused had come over from
Bellaire, and apparently took great in
terest in the termination OF the hearing
and the possible result. Riggs sister was
also present and Expressed much solicit
tude for the welfare Of her unfortunate
brother.
At2 o'clock the accused were brought
down from the County jail in the custody
OF Constables Schultz and Honecker, in
which they had passed the night, and took
seats in the office. They were evidently
much more solicitous as to the result OF
this day hearing than they were the day
before, and each betrayed much nervous
ness, which We apprehend was attribute
able in large degree to the presence Of
so many OF their friends and acquaint-
ances. Messrs. Pendleton and CraCraft
appeared for them and L. S. Jordan, Esq,
again represented the State. After little
delay and conference between counsel on
either side Mr.. Oracrait said that he had
been informed that the State did not pro-
pose introducing any further testimony,
and in that event he did not propose to
say anything. He could, If necessary,
show the character OF the boat in which
the three had started out to take that
eyentful row, but" said he the whole
tendency OF the testimony is to show
the innocence OF these accused. It
is a singularly unfortunate case in
which not only one life had been
lost but two had nearly been sacrificed. II
there had been amutual combat resulting
in the death OF Refs manslaughter might
be claimed, but not until the eternal
Judgment day when all things would be
apparent would it all be known, and the
real facts in the case disclosed. The
evidence showed no malice and the only
circumstance against the young men was
the tone OF levity they used in their
graphic description after their rescue that
Refs had been forfeited under very pecu.
liar circumstances. 1t is an old established
principle that plank that is clutched in
] the frantic grasp OF two drowning men,
and Is capable OF sustaining the weight Of
only one OF them, becomes the property
and salvation OF the stronger one. Refs
and the others could not all be saved. The
body OF the man is in the Ohio river and
until it is found the mystery will be un.
tsolved.
As to the evidence against them every
. syllable, every word, every sentence
against them they themselves enunciated
Everything came from their own mouths
They had giuen NsnSelUes array.
There was no evidence 10 show cause
for the commission Of the crime. no malice
or anything to suggest the horrible deed
to them.
As to the bail do not see the necessity
. OF asking any, the young gentlemen are
conscious OF their own innocence and will
not abandon their homes and families tc
flee this neighborhood under these cir
cumstances. They rest securely on the
fact Of their innocence OF the charge. The
narrow margin OF the Ohio river could
not exclude tho State OF West Virginia
from her criminals. They could be gotten
in fifteen minutes II necessary in Califor.
mia. The broad arms Of justice reach
out all over this country and criminals
could be readily apprehended. There isa
powerful agency that moves silently as
snow flake, called the Governors requisi.
ton, that took in all. We could
give bail in Ohio. Riggs sister, who
is here, is possessed Of 500 or $500 in her
own right; thiss she willing to put up for
her brothers appearance.
AS to their conflicting stories shall
only say that never until you remove the
crooked places OF a drunken mans brain
will you get Ia straight story"
Mr.. Jordan said that no one felt more
deeply than he did the unfortunate affair
but they had brought about the affair
themselves. II they had clearly explained
the network OF evidence surrounding the
affair, and they had failed to explain the
rock in Horns pocket, but there were
other circumstances sufficient to Justify
their detention, unless sufficient bond was
given to insure their appearance before
the grand jury.
Squire Mix then said that the evi.
dence was net sufficient to hold them
and consequently discharged them.
The young men at once left the office
and went home with their friends.
Much comment was heard in the
Eighth ward after the hearing was over
and much diversity OF opinion heard.
Some were Of tho opinion that it was q
mistake to allow the two to go, as the
presence OF the stone in Horns pocket
was against them. Others readily &C.
copied the explanation OF the two young
men as the cause Of the accident, and JUST.
fed their discharge.
Aphysician OF the Eighth ward was OF
the opinion that It would, from the TEN.
perature Of the water, be ten days or two
weeks until the gases in the body would
develop sufficiently to raiseit.