Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-05-18
ROSE RELEASED.
searry's Death the Resale or Pneu'
mOnta-Yesterday's Proceedings.

Searry'e Death the Resale OF Rneu-
monia-Yesterday's Proceedings.
The REGISTER, OF yesterday morning,
published exclusively the critical condition
Of John Scarry, who was struck on the head.
last Tuesday week, by q heavy whip in the
hands Of Al. Rose. A force OF police had
been detailed to arrest Rose, but as there
was pneumonia complication in Scarry's
illness, the force was dismissed to await
events. At half past six, yesterday morn
ing, Scarry died and as soon as the informa-
ton reached police headquarters, Capt
Bennett detailed Officers Barum, Williams
and Kennedy to arrest Rose, on warrant
issued by Justice Philips. Rose was at
work in the Belmonfmine and at o'clock
the police trio reached there. As Barum
was aboat to enter the pit Rose emerged.
Barum caught him by the shirt, but he
broke away and ran like scared deer. The
officers pursued and the feet-footed vii.
liams captured him on Twenty-fifth street,
at the corner of Wood. Rose is a stout
young fellow and not easily handled He
pretended not to be aware of the cause
his arrest, and asked Barum for what he
was taken. Barum said:
For knocking Scarry on the head.
SIS that what it's for" asked Rose.
ayes, and it's about time" said vii
liams, las the mans dead"
At this Rose paled, and stopping short,
said:
Il won't 60 any further, then. If that's
what you got me for, you might as we'll
kill me here"
He braeed himself against the pavement
and obstinately refused to CO. until Barum
persuaded him not &c be foolish. He then
submitted and was locked up in jail.
After dinner Justice Philips empaneled
a coroner's Jury, ready for an inquest, and
a post norton examination was ordered.
County physician Wilson, assisted by Drs.
]. A. Campbell, Hardesty, Bates and Stifel,
conducted this. thoroughly examining the
chest and abdominal cavities, and the en-
tire brain system. This occupied two
hours and at the conclusion, the Court was
convened at Sweeney's office, Philips pre-
siding. Prosecuting Attorney Jordan
acted for the State, and Capt. Doyener was
there in the interest Of Rose. The jury
was composed of the following:
Waldernar Gepp, James Acker, K. 5.
HOPKINS, Erhard Stoehr, II. ]. Felber, K.
Alderman. John A. Gering, Joseph Hase,
nauer, Fred Weber, c. He'll, +. Forster and
George Hill.
George Borman was the first witness
called, and knew both Rose and Scarry, but
had not seen the fight. He was near by,
and saw both after the fight. Scarry looked
very bad from the effects OF the blow. 1t
was dark in the mine and he could not
see. Scarry had told the witness Rose had
struck him with a whip, and Rose had said
Scarry could not whip one side of him. He
heard SCarry say Rose had knocked his eye
out The witness had taken Scarry home
after the fight, as he could not see out OF
either eye.
John Hanson was next. He was near by
and had heard Scarry cry out. When the
witness came out Scarry had said Rose had
struck him over the eye. Rose had said
nothing. The fight occurred in cross en-
try of the Belmont mine. The witness had
known of no previous quarrel, and knew
nothing OF the actual tight.
John Kryter, digger at the mine, saw
nothing OF the difficulty and had heard
Scarry's cry. He ran to the bend OF the
entry and heard Scarry say Rose had knock.
ed his eye out. In reply to aquestion OF the
Justice, the witness replied: Il asked Rose
what was the matter and he said nothing.
Then Byrne asked Scarry, and he said Rose
hit him. Rose then said Scarry couldn's
lick half of him."
DR.. John A. Campbell had seen Scarry at
his office, after the injury. His eye was
closed and congested Witness gave him
directions and sent him home. The cornea
was congested and iris dilated. On last Sat-
tend Scarry, who had some sort OF lung
fever. He died this morning. II attended
the post morton examination and found he
had pneumonia in the left lung and think
that caused his death. / don't think the
blow did or could have any thing to do with
his death. The pneumonia was probably
due from a cold. found nothing to indi-
cate that any violence was the primary
cause of his death
DIR. Hardesty was called and testified to
having examined Scarry in bed, last Wed
neSday, with his eye congeSted and he suf-
fering from fever. "He complained of his
chest and | examined it, discovered pneu-
monia of the left lung. J summoned DIR.
Campbell and surrendered the case. | at
tended the post mOrtem and could not say
what caused his death. All organs were
normal, except the left lung, which show.
ell symptoms of pneumonia. / do not
think violence had any share in causing
the death. A severe blow over the eye
would of had no effect on the lungs. His
mental condition was good, sufficiently so
TO enable him to give succint account OF
the fight"
DR.. Wilson's testimony was confined to
the result of the post norton. He said every
organ had been found in a healthy condi-
ton, except the left lung. He could not
say positively what had caused death, I'M
less it came from the pneumonia apparent
to the left lung. He don't think pneu-
monia could result from the blow, nor did
he think violence had any part in his death.
Officer Barum detailed the particulars OF
the arrest. as given above. The statement
was supplemented by the testimony of Of
ficer Williams.
This ended the testimony, and after
short deliberation, the jury returned YER
dict of death from pneumonia.
Accordingly Rose was discharged of the
charge of murder and rearrested on charge
of assault and battery, preferred by Patrick
Scarry, father of the deceased The hearing
on this will take place to-day.