The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-07-12

Lk4AA4N NJ w ANNN1& @Ac 49,
half past three. Asked Olaudy where
the revolver was, She said she didn'i
know. Afterwards she got IT, 1 then
went to the truck patch to work. Left
word II he came to tell him had taken
the gun, and II he came I'd shoot. ]
had not seen the revolver since John
brought 1t home after New Years. Had
1t twelve or thirteen years. Pap told me
to get it 10 keep boys out oi the
peach orchard. got John to bring II
home. He had It borrowed, and got
him to bring 1t home for something
bothered the chickens, and pap told me
10 do SO. He used 1t sometimes TO kill
hogs. have four children-one infirm
mot much mind and can'tsee or hear
good. The youngest was six years old last
| March. Mike Hess never said any
thing to me about injury TO my hus.
band or me to him. DR.. Riggs
attended me when was sick last October.
Pap had struck me across the back with a
piece OF stove wood, slammed me once
against the bureau and threw knife at
me; tie next morning l was sick in bed.
The doctor asked me what caused the
hemorrhage, and said was about to have
q miscarriage, and l told him Mrs. Duvall
bad told pap tales and he came home and
made fuss. The doctor said ."Take the
broomstick and drive him Off" l don't
remember OF telling how much | thought
OF Mike. l was sick about four months.
Don't remember saying to the doctor that
| had tried to drive pap away all summer.
Los uttn n a nj W n
He struck me twice at supper Wednesday,
on the face and bead and my head was
made very sore. Blood came from my
nose for about ten days. 1t was on Tues
day that had skillet handle, and not
revolver, after striking Kim with "a rolling
pin. He said he'd cut my heart out, and
! believe he said, will eat land / stuck
the handle out and said I'd give him that.
Cross Examined.-I said 1t from the
little room window. Had got the handle
of OF the mantel in the big room. Had
used 1t for nine years as hammer. Think
Claudy was on the porch. Think it was
before noon on Tuesday, and before Cora
Helms came. usually went 10 that room
to get away from him. He came TO the
cellar for seed corn. Can't tell what the
dispute was about then. Don't think that
| told Claudy 1t was the handle. asked
Cora in jail yesterday, how 1t happened
she could tell on me and not on Pap. She
said she didn't like to use the bad Ian
guage on the stand. / told her had no.
ton to have her locked up in jail. never
could like her for swearing to q lie. l
told Hiram Warren last summer that
Pap was mighty cross 10 me. l told DIR.
Riggs about as much as ! had told
any one. Didn't tell him that it
was fright that caused the hemorrhage.
but 1t was he that said 80, My back and
side were blue with the bruises. When !
threw the rolling pin he had picked up a
keg and laid II down, and then stopped to
pick up the iron last. didn't see wheth-
or the pin struck him. / think he then
went away from the house. Yes, we
had quarrels often. After supper, Tuesday,
Claudy called him, and l went into the
big room, and pap came TO the porch. l
didn't hear what was said. ! didn't see
him next day till evening when he asked
about the ak. told him didn't know,
and to go away about his business. knew
he was mad.
Testimony Of Defendant closed here.
Testimony OF State in rebuttal.
Harrison Massie, sworn,--Before
the Coroner Claudy TsChapat tes-
fled that she tried to keep the door
shut, but, between her father and mother
trying to get the door open, she was over
powered, and as soon as she got the door
open her mother fred. ] was at Wsrren's
house the next day, and Claudy told me
about the same thing she had testified, is
Q reason why remember. l wrote q let-
ter to the paper in vindication OF Mrs.
Duvall. i.i & Hj5
The State offered to prove the character
evidence not competent.
James White and George Korner testi.
fed substantially the same as Mr.. Massie as
to the testimony before the Coroner.
Also John Brown and Joseph Gross.
Mrs. John Tschapat, Sr., sworn: Re-
member " hen my son John and his wife
Clapdy came from the grand Jury. Took
supper at my house. Claudy told John
she thought he had made mistake as to
when she called her Pap. That It was
Tuesday evening and not Wednesday
evening. He thought he hadn't and that
1t was Wednesday evening. I told her 1t
was different, as she stated 1t from what
she said the night after the murder.
Gross examined: didn't tell John he
would be sent to the penitentiary II he
changed 1t. He had got the tdes he
would have to change his testimony or
Claudy would 60 to the penitentiary. ]
told him to stick to the truth for l didn't
think Claudy you'd be sent TO the PEN
itentisry for his telling the truth.
John Tschapat, Sr,, sworn: As to same
conversation and testimony found that
Claudy told John he was mistaken, and
John said he was not.
VIM. Green, sworn:-Saw no marks
about Mrs, Wsrrens face. Had charge OF
her from her arrest till brougt to Jail.
Here the States testimony closed.
John Tschapat, Jr., RECALLED BY de-
fendant and said: "Itold the grand jury
it was the same evening as the killing that
Claudy called him. Ny father and moth.
er said at supper that they had word from
st. Clairsyills, that 10 correct 1t would
send Claudy to the penitentiary."
Here, about $3.50 p. NJ, the testimony
was closed, and the Court adjourned until
Monday morning for argument