Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-08-09

specially Reported for the Register.
1T. CLAIEsYILLE, August :.
COurt convened at . O'Clock this
morning. Geo. Douglass, one OF the
Jurors being slck and unable to attend
this morning, Judge Okey adjourned the
court until II o'clock, at which time Mr..
Douglass appeared and took lrs seat IA
the jury boN.
Consideration Oi the Weir case Mas
then commenced. The prisoner, Geo.
Weir was brought in ia custOiy oi D'p
MY sheriff. Bailey ami Green.
The court inquired OF ho'h s',lrs As To
their rradines, to commence taking the
testimony, and both the cOunsrl i"r the
STATE and for the accused promptly r.
spouded that they were.
The Clerk then callei ,he witnesses
Iar the State, and those who answered
were sworn.
Prosecuting Attorney Mitchell, on he.
hall of the State, stated the case ~ the
inrv and read the law and the indiet-
msnt. Mr.. Daniord, on behalf OF the
accused, stated that they expected TO
prove that the deed Was committed
upon an impulse, and without premrdi-
tated malice.
The Court then ordered that the jury
he in charge Of the Sheriff during the
trial OF the ease; that they have no com
munication With any one, and that they
read no papers until the case is dis.
pIsed nl.
'rhe First Witness Called
Vas Robert NJ. Eaton, who testified as
iollows-Am u resident ~ this town;
WAS here December -, 1850; saw
The shooting; il happened about
/ p. VI. on Christmas day; was
standing on the steps Of the Treas
ure,'s office; Riggs was standing ON tine
opposite side OF the street,st Patterson'S
Iruy store, with his back against the
wall: Weir was standing directly Oppo-
site Riggs, about two or three feet from
the wall; saw Weir pull pistol from
his right hand front pocket, pull 1t up
and fire; Riggs then ian as lar as the
yutter, where he stumbled and Iell; Weir
stepped about six PAGES toward him and
fired the second shot; Riggs then ran TO
about the middle of the street; Weir
then started down the pavement on a
run; followed him he ran into Camp
bells allev, and was there captured
Gross. examined by Mr.. DSnford-Had
been on the steps about i've minutes
when my attention was attracted To the
prisoner and the deceased; saw both
when looked that way; many persons
were on the pavement at the time, prop
ably a dozen; Weir was drawing his
bsnd from his pocket when l first saw
MIN: muzz!e OF pistol was not more
than five or six feet from Riggs breast;
hsd seen no motion by Weir before
that: nobody vas between Weir and
myself so as TO oOstruct my view.
Charles Babb Tesifiss.
Raside at Quincy, Belmont county;
u,as in ~. ClaIrsyiile on last Christmas; I;
saw the shooting and heard about all
the conversation; heard Weir say ne
was going 10 the penitentiary Tor three
or five wears; pointing to Riggs he sald
There ia the man that caused Il; asked
Rigys 10 look him in the eye, and imme-
diately commenced firing; saw the hrst
sha, fired. Riggs said he could look Wen
IN the eve. aad "Don't pull that thing
ont here;" Riggs, after the hr5t shot'
fell on the curb ons snow bank he theh
raissd and started to cross the street,
when the third shot was hred: hiESS
had his back TO aard Weir; he made no
movement toward Weir; did not have a
clear view of Riggs. NJ,
persons were on the payement.at .at the
time; was standing at the upper ehu
of the group; Riggs was leaning against
the wall and had his foot upon-a OoS' ;
NWeir wss between Riggs and ; am sure
am telling it to the best OF my recol-
lection; shots we're fired very rapidly
James Ferren Called.
Residein St. Clairsville; saw the shoot
ING. was leaning against the west Jamo
Of the door leading to Patterson = aruS
store. Weir stood there for some lline
and then commenced to talk said Riggs
vas the man who would send h'm 10
the penitentiary; alter the hrst shot was
fired started into the drug store put !
was caught by some person ana tuIneu
around and saw the second shot; dld NOT
see third shot; was no person between
us and could see both plainly; hrSt hearu
Riggs say Don't pull that out oi your
pocket, don't" v,,
Cross.examined by DaniOrd-When
WAR came down from the Mayor OF,
So hs took a sand against the west
ami of the door; saw Riggs look very
T;c;ona AT Weir; / was not excited
RiOys straightened up after the hrst sho'
wss fred: Riggs was standing with MS
right side to Weir.
John Butchers story.
Was present at the shooting; was on
the crossing coming from the iteaSut, :I
er's office; Weir had his right hshI ~
his pocket; saw the pistol; Riggs tolu
him 10 keep it in his pocket; Rggs WaS
leaning against the jSmb ot the door, his
loot ON a box and smoking cigar; 81"
Riggs make no motions toward "eH
saw nothing more, having started w
street. H.,
Cross-examined by Danford-hearu
no conversation; did not stop to see sec
oud shot; was not frightened very tnucu
but was not quite so cool as now; tning'
NAV have happened which escaped my
notice.
Harry Lydic's Version
Reside at Quaker City; was IN ~
Clairsyills last Christmas; did not se'
the inst shot, merely the notion 0nLS
saw the one shot; Weir was stanuips
about three feet from the jamb OF tns
door at the entrance to the hSyoi
office; heard the conversation apon
Weir going to the penitenhary; saw mn .L
push his hand in his pocket pun tns
pistol and fire; Ithen stepped IN the goo, GC'S
way and the second shot Was nreu -,
Riggs was about halfway across th'
s!7set when the third shot was nren
Cross examined by Danlord-hau %.
eye on Riggs when the first snot wa; wa;
tired; Riggs was raising uP when l as'
noticed him; began to raise trom ms II
clining position just before hrst sh0t wa:
fired; heard nothing Riggs sa'd; E"-
no person; was entire stranger !" III
present.