Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-12-02
rnE MARLIEG RESIDENCE.

Arbitrary pike, RAINING north and south.
Blame, running west from pike.
C-Front porch.
D-Hall
Broom where Marling was robbed and tar
Fireplace, before which he sat, with back t
porch door.
Back porch with door opening into room E
from which robbers entered house.
G-Nichen.
H-PautTy.
I-Gate In lane fence.
Path to back porch along With robbers came
The witness then recited the occurrences
of the evening Of the robbery, nsrrs,int
his sitting down before the fire after feed
ing the horses, his being startled by thu
shot fred on the back porch, the bursting
open of the bedroom door, the blow deal
him, rendering him unconscious, and hi
finding, when be regained consciousness
that he was tied with ropes taken from the
bed Proceeding he told Of the search fol
the money, how MCGOWAN tore the pocket
from his coat in his haste 10 get the money
and the finding by the robbers OF the silver
money concealed in the hall. The witness
narrated the tortures he was subjected to
by the men, who refused to believe hi:
statement that there was no more money
about the house, the entire narrative being
identical with the testimony given BY blu
at the preliminary examination in July
last, and printed in full at that time.
When the witness cams to describing
THE MASKS
worn by the robbers he said they were
black or gray in color, whereas, on the
preliminary examination, he said they
we're black only and maintained that state
ment The witness manner on direct ex
animation was in marked contrast to that
on the preliminary examination. Then he
hesitated in his answers and seemed very
reluctant to tell the story, whereas yester.
day he spoke very freely and answered
questions readily. On the cross examina.
ton, however, the witness displayed all his
old time backwardness, and it was like
pulling teeth to get a direct reply from
him. In reply to question by Mr.. Dow
ener as 10 the color OF the masks worn by
the robbers, he said: They we're kind OF
dark-dark gray He was asked if, on
the preliminary examination, he had not
stated that the robbers wore black masks.
The witness did not understand the ques
ton, and on its being repeated several
times, he said he did not remember what
be said then.
Q.-Didn't you swear they had black
masks2 A.-Dark masks.
A.-Didn't you swear they had black
masks2 Al don't remember.
Odd you hear Kincaid's evidence
Al don't remember.
Q-Didn't you hear Kincsid testify be-
fore Judge Boyd that the men wore gray
masksH Al don't remember.
These questions were asked several timss
in different forms, but
NOTHING DEFINITE
could be elected from the witness, except
that he aforementioned He stated
positively that John and William Meow
an and John Culver were in the house that
night, and that Culver had on light coat
and light, broad trimmed hat He knew
him by his voice and motors. he could
see his nose. After the robbery he ate
some apples. In reply TO question why
he did not call McGovan by bis name.
Tom, witness ssid 1t would not do to talk
that way there" In reply to question IS
to how long it had been since be had talk.
ed to Thomas McGoxan. witness raid,
about four years, not since he stole cop
per kettle from me"
Odd be steal copper kettle from
youH A.-Well it was found in his house
Q-You rever called the defendant
Tom" or "McGowau" once, did.you? A
Il don't remember. If you had been
there, you would not know what you said
The cross-exsmination OF the witness
was continued up to dusk, when Court
adjourned until this morning at 9 o'clock