Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-05-08

he was sober enough to know who won bis
money; be was throwing it up to me; when
Boettner was put out, Dick followed
right after him; they were about six
or eeyen feet apart; the door was
open after Boettner and Dick went out;
did not notice springs on the door to keep
it shut; / know that when Dick went out l
followed him and took hold Of the door to
shut il; the door did not close after Boett-
per, for was too close behind him to al
low il to close; / took hold Of the door
latch, intending to 60 out and shut the
door; was two or two and onehalt feet
back Of Dick; the last saw of Dick be
was just slipping out Of the door; in the first
fuss Boettner pulled his revolver out OF his
hip pocket; did not see him take the re-
volyer from his oyercoat; don't know how
many drinks Boettner took; am not IN the
habit Of counting drinks in saloons; re-
member Bob Junkins coming in; don't re-
member that anything was said about not
allowing card playing; Boettner
did not point his pistol or
threaten to shoot any one when Miller was
putting him out; did not see Boettner after
Miller put him out; never said, before
SQUIRE Arkle, that saw Boettner standing
on the pavement; when was in the back
room did not know there was row IN
the front room; the first knew of it Miller
was putting Boettner out; Combs had Boett-
ner down on the floor at the time OF the trst
fuss; Dick, Boettner and myself all tell
down together in the fuss about the cards;
/ didn't take Combs off because it was no
fuss of mine; went out because l didn't
want to be mixed up in the muss; have
nothing against Boettner; was as friendly
to one as another; was not too much lntoxi-
Gated to pay attention to what took place;
we did not play for the drinks; when we
wanted drinks we chipoed in five cents
apiece and got them; we did not
drink all the time; my attention,
when alone in the back room, was not at
tracted by the row in the bar; do not know
that Fisher endavored to to get Boettner
home during the AFTERNOON or evening; do
know where Combs is; there was no
screen before the door, inside; if screen
had been knocked down might have heard
it; Dick was somewhat larger than Boettner;
when Boettier was put out Dick was right
behind him; when | went out Dick was
lying with his face down on one hand and
his head toward the gutter; heard Boettner
called no names; it might have happened,
but did not hear it it; heard Dick advise
Boettner not to pull his revolver out In
party where all were friends, as it might 60
off and hurt some. one, and he would be
sorry for it; won about 50 at
cent ante that day, saw Boettner have
S20.bill and S. bill; don't know whether
Eoettner lost or not; didn't keep an &C.
count.
Re direct-Did not see the revolver
cooked when Boettner pulled it out; did not
see or hear Dick say anything to Boettner
when Miller put Boettner out; Dick told me
his hand was hurt; don't know who was
present
Charles F. Schempp-Am mail carrier,
and was on March l, 1884; did not know
Dick or Boettner; was going up Market
street on the night of the shooting; was IN
Robert Hobbs company; we were about
Fifty feet from two men in front of Millers
when saw a flash of light and heard q
slot fred; saw one of the men run up
street; we run up and. turned man over;
he was lying on his face; Hobbs recognized
him as Dick; he opened the saloon door
and said man had been killed; people
came out; they hesitated while, and then
took the body into the back room of the
saloon, ! made remark to one Of the gen.
tlemen to get glass ofwster; when he
came back said it was no use; DR.. Stfel
then came in.
Cross. examined-Saw two men in front
of the saloon; couldn't say in what direction
the fash came; the man who fell was stand
ing facing the street; the other was at one
side; think the man who fell was standing
on the step; the man who did the shooting
was standing on the upper side of the door;
the man who fred ran up Market street;
when Dick first fell the other man stepped
toward bis head and stopped over him like,
and then ran up street; before the shot |
heard voices, but could not tell what was
said.
Robert Ho5bs-Was with Mr.. Schempp
on the night OF March |, 1884; we were
walking up Market street; saw man step
out of Millers saloon door, and he hadn't
more than stepped out when | heard shot;
| ran up and looked at the man on the
pavement and recognized Charlie Dick; |
opened the door and told the people man
had been shot; couldn't recognize the man
who ran; it was too dark; the man seemed
to be directly in front Of the door; he
stopped and looked at the man
and then ran UP street; l heard talk
ing before the shot, but could not
understand what was said; think one man
was at the curb and the other had just
stepped out of the door; Dick was still
alive; hel ped carry him In.
Court then, at 6:l0, adjourned until this
morning. The room was densely crowded
all day, and great interest was manifested
in the testimony. Boettner looked pale,
but seemed to be in good health, despite his