The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-03-29
PRELIMINARY nEARINn
Granted wilbur MlIIIgan, CHARGED win
the Murder of Prank Davis.


Granted wilbur MlIlIgan, Charged with
the Murder ofPFank Davis.
Yesterday morning was the time agreed
upon by the counsel on both sides for the
hearing Of Wilbur MilllRan, a
young lad charged with the murderof Frank
Davis on the morning OF the 10Th, as I've was
returning from a dance given by the Elite
Social, at MCLain's Hall. The hour set for
the commencement Of the hearing was o
o'clock, and at that time, the small rooms OF
Jnstice Caldwell were lilled 10 OYerilOwing.
The attorneys for the defense were slow in
but about $50 Capt. DOvener an.
hounced that lie was ready TO proceed, and
the Justice Said he would hold the hearing
In the jail.
To this Capt DOvCner objected strongly;
he wanted his client brought out into the
free and open air Of Heaven he didn't pro.
pose TO move his client from one cell to al.
other for the purpose OF trying him. he
wantcda publ place he did not care where,
where the public could see and listen; where
he could have u place for the StenOgrApher he
had employed Tire prosecution pooh
poOhed the idea, but the Captain sIyagely
renewed his demand, and messenger was
dispatched TO ascertain II one OF the Court
rooms could be procured. A wait OF half an
hour ensued, and then the answer was
brought back that the Court rooms could not
be used Further time WAS taken up disciiSs.
Ing the strange state OF affairs that forbid
county property being used for county pur.
poses, especially on such an OcCaSiOna rs this. II
was then suggested that the police court room
be used, and to that spot the crowd adjourn
ed. After short confab with prO!emp9re
attaChe OF the Court, who wanted to DO heard,
but was bounced, the Justice opened tic
hearing, the necessary tables and chairs hav.
Ing been provided. The examination, which
lasted until noon, was long and tedious,
Capt DOvener and Mr.. Duncan, the atiOr.
neys for the defense taking up much time
in writing down the testimony, although
young legal cub was writing shorthand for
the defendant,
The first witness called, was DR.. Myers,
lie testified that he had been called early on
the Sunday morning In question, to see
Davis who lay on the pavement, short dis.
lance from his Myers place. Found Davis
in front Of Lyda's drug store with wound
~ forehead, little to the LETT and short
distance below the centre. 1t was shortly
after !! O'clock lie was still alive but un.
conscious and dying; saw the wound was
fatal. made an examination, not a thor
ough one however, and | prObed little in
the wound, alter pressing back the brain
that was oozng out. The probe proceeded
buck about or . inches. The wound was
fatal and there Is no doubt Of it being the
cause OF death.
Cross ExaminCd-Hs pulse was beating
slowly when reached him. He lived prOba.
bly, twenty minutes after the ball was fired
When probed, his pulse was beating family
and he was gaSping about once minute. III
Is good surgery to introduce probe at the
time n man IS still alive. The probe went in
almost OF its own weight. 1t was about l-lG
OF All inch in diameter; the bullet hole
was small. My object was 10 sec II the ball
was near the surface, SO could remove it,
Had that been the case, | should have en-
deavored to remove the ball-whiIe there
Is lie there is hope. examined the
man when he was in dying con-
dition and there was nothing improper
IN that. wanted to give him every possible
chance; was not greatly excited; do not know
that have ever before had case Of probing
for Sunshot wound in brain.
Capt D0vener then undertook to confuse
the witness by going into technicalities, but
Dr. Myers was cool and collected and gave
ready answers. Capt, D. was evidently try.
ing to establish one OF two theories, one of
which was, that death might have been caused
by probing, us he claimed to have been done
IN Fulton shooting case about u wear asO.
II which ne defended the prisoner, or that
the lall oil DAWSON the pavement might have
caused conclusion Olthe brain, and that the
character Of the brains found isSueing from
the bullet hole would indicate such was the
case in neither of these did he receive much
encouragement from the doctor The latter
was OF the opinion the ball was in the centre
Of the brain.
Millie McHenry was sworn: was at the
ball saw DaYiSand Milligan and heard them
Inssing, but don't know what IL was about
Heard Milligan ask Davis out. and ho said he
would fight outside. Davis friends prevented
and Milligan said he could whip any -
- in the room. saw Miiligan take a
revolver from his 0verCOat pocket and place
It III his hip pocket; this was about 10
o'clock. Going hoMe, there was u crowd of us
ana after crossing the Suspension bridge saw
Milligam standing Mt the first lamp post. He
said TO David Davis, hold my coat. He had
all his coats Oft even to his vest. Said to
FRANK, am ready for you. Frank said TO
ms lady, hold my-l.at and I'll give him what
he wants Then they rushed towards each
0thFr and Davis hit Milligan, knocking him
down. WhRiI he rose he said, now, IN fix
- AtA' 10 lGll tIllu AllIllEIIl anu
Dave Davis started to run toward Brlgeuort.
Cross.examined-IIave been TO The bulls
only three or four times. Don't know hui
that MilligHn was MS well dressed and MS pop.
uinr as the rest of the boys. When Milligan
was knocked down he had his coats under his
arm: A chart was here produced showing
the locality Where the death took pIacc, and
the witness took some time in showing the
relative position of parties.
Annie C0nnOway, SwOrn-NEas walking
home with Mattie McInish and Frank Davis
When on the suspension bridge, dropped back
to walk with other parties. Was subjected
to long cross examination us to positions
when shot was fired, and us to whether MILF
gan was not forced 10 defend himself
Josephine Archibald swoFn-wRs In the
party was too excited to know exactly what
was said or done; was never any rivalry be.
tween the boys over her, us reported.
Dave Davis, u young looking boy was
sworn-ltVe In Martins Ferry. MilliCan
worked there. On Saturday night came over
about $3.50 and went to the 800 store with
man who bought n revolver and gave it TO
Ml'i'gan;, Went to C9rtwright's to get It
loaded; theh vent and got drink, and then
went 10 the Ial. Milligan paid for both.
girls hat,
Cro.s.examined-Yes was little iptox.
icated. have told the story MS it was, We
went up Market street and over the bridge.
Capt; Dovener was very severe, and the wit
ness became confused. Denied having said
on the bridge, let's wait and get the girls,
and that then frightened at what he saw
his request had brought on, RETAINED
telling any one at home about the matter.
Did not remember whether the night was
warm, and that Milligan took his overcoat of
on bridge for that reason. Said he was on
opposite corner and did not go near fight Tor
fear OF becoming sick
Both sides here rested and the prisoner was
reminded TO Jail without bail to await Grand
Jury action.
Last Nights Council.
There was no quorum.
II didn't make much difference, there was
no business ofimportance on the table.
Only twelve of the Second Branch showed
I'D. md thnY Mnitnl until Elk fnr n nnnr,r,