Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-07-03
The Entire Day Spent In the TAX
ing OF Testimony.
Some Very Conflicting Eyiasnce
From The Witnesses.
The Court Room TANNED With In
tsrsstsd Spectators.
The Most Exciting Criminal Event
OF Recent Years.

dence in the Maring robbery habeas corpus
case opened at o'clock yesterday morning
before an audience which filled every avail.
able inch Of space in the court room in which
it was held. The throng of spectators were
on hand bright and early, and when the
doors were opened they made that break
neck rush which is characteristic Of court
house audience, sweeping through the main
corridor and into the room like torrent.
The prisoners and officials were promptly
on hand, but counsel for the defense were q
little slow in appearing. Mr.. Dovener held
short consultation with the prisoners, and
then the examination was resumed by the
State calling the victim,
Elijah Marling.
know James Bowman, / do not recol-
lect meeting him in Jacob Dillou's hotel
last Monday; did not state to him that these
we're not the men or that old man Culver
and son would not do such q thing; never
talked 70 Bowman.
James Bowman.
am witness for the State; was dis
charged BY Mr.. Mccullough yesterday; ]
know Marling; saw him last Monday in
Jacob billions saloon; he was standing in
the door; had conversation with him about
the robbers; asked him if he knew they had
The Culvers in, and he said no; he said they
would not do thing like that, and asked
me if l thought they would; l said no.
Cross-examined by Russell-It was on
Monday three or four other men were there;
Mr.. Petticord was one of them; after Elijah
and talked l went down town; l live q
mile from Markings; Msrling asked me if !
Anew the Culyers we're in; said no; he said
hight and asked if | thought so; said
co. | sm acquainted with the McGowan's;
cever 90 there; see them on the road oc
casiopslly aud talk 20 them; never played
ards with them; never played cards in my
ife; | told William Connolly yesterday
about the conversation with Marling this
morning and last night; he asked me what
the State turned me of for; | asked Nc.
Culloch If he would want me any more and
he said no; Dovener asked me what | knew
and / told him.
Redirect was in Markings house
about three days after the robbery; Gunter
asked Elijah if he would know the robbers,
and he said no, except as to size.
To Russel-Whittsm was there when
Elijah told Gunter about identifying the
robbers.
Mrs. Mary MCGOWAN.
lam the mother of William MCGOWAN;
on Monday, December I'D, 1884, put up
his night bucket and saw him 60 away
FIVE; the next morning little after 6 ne
came in and handed me his bucket; heard
OF arrest OF my other son Christmas day;
William did not know it until he went out;
be had his working clothes on when he went
away and came back Monday; put up his
bucket Sunday evening, Monday evening
and Tuesday evening; saw him walk out
with his bucket.
Sheriff HandIan.
/ have no paper signed by Jasper Kin.
csid; have statement made by him aud
taken in wiring by me Collected to by Rus
sell, who said the statement could hardly
be evidence.) Mr.. Dovener-I took this
case only in the belief that my clients are
innocent; Kincaid lied either in the other
room or here, and do not want my clients
to be deprived of anything; we have even
waived our rights in this case; the return to
this writ was not sufficient; no sheriff can
hold a prisoner on a warrant issued six
hours after the issuance of awrit.
The Court-It is not proper evidence.
Examination Resumed-I read the state.
ment to Mr.. Kincaid, and he assented to it
as correct.
Mr. Dovener-I now ask for it, when he
hss assented to it.
Mr.. Russell-0bject.
The Court-It is hardly proper.
Examination resumed-I took the state
ment in writing at the suggestion Of thu
prosecuting attorney.
George Michaels,
knew the Culvers; Mr.. Culver, ST., was
working for Wesley Bowman on the 22d
and 2Sd of December last; | saw him the
22d and 23d in the bank: he left the bank
on the 22d between and o'clock; he
i
noticed it all the way out of the bank and
down to Bowman's house; my partner.
Henry Neuhsrdt, saw it too; Culver told
me in the bank he was not feeling well; we
noticed mouthfuls OF blood in the bank by
oar lamps; he was back at work the next
morning between and o'clock; he quit
the bank; Mr.. Bowman told him he was not
able to work and would not lose his Job;
we were sitting in the entry of the bank
when we heard of the robbery; l have
known Culver long time; his reputation
has always been good; never heard his
honesty questioned very much; never
heard it questioned BY any one.
Cross examined By RUSSELL know he
has always been an honest man; know it
because | heard men say so yesterday; Jack
Marshall said so; no one else; that is about
the extent 81 acknowledge; guess he pays
all his honest debts; never heard his char.
acter discussed one way or the other.
John w. Nichols.
Am not related in any wsyto Mr.. Culver;
he lives on my place; have known him
twenty or thirty years; am county com.
missioner; am acquainted with Culver {
general character; never knew him to do
anything dishonest; Marling had g CONVEX
sstion with me regarding knowledge OF rob-
bers; said he did not know any Of the par
ties; was Christmas morning; was in hi:
home; asked him with view 10 gaining
q clue.
Croes-examiued by Dovener-Mr. Whor
| ton and Keller were in the house: / give