Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-06-06
sMITH.MYLUs SHOOTING CASE.
Trial of the Smith Brothers for the Shoot
ing of Mylus-First Days Proceedings.
SDseirl IN he Rsgiyisy


Ing Of Mylus-First Days Proceedings.
Special TO he Register.
BUCKHANNoN, W. Va, June 4.-The
Smith VS.. Mylus case began Monday, June
the lst, James L. and Floyd G. Smith being
charged with shooting Charles f. Mylus, on
the night of February 10th, 1888.
Monday was spent in getting ajury. Tues
day, court was called at o'clock. Tne
indictment was read to the jury. Charles
L. Mylus was called and was represented
by his attorneys, Col. Ben Wilson, Judge
John Brannon and Hon. John Fisher. TIE
defence was represented by Hon. Alpheus
+. Haymsn, VIM. c. Carper, c. c. Higgin-
bottom, A. NJ Poundstone and George NJ.
Fleming.
Chas. +. Mylus, being duly sworn, stat
ed: II have lived in Buckhsnnon since 1866.
never had any difficulty with the defend
ants until the evening of February 10, 1888
| was at the Valley House on that evening
with some Germans; | left the hotel with
Mr.. Lutz. On our way to Lutz's saw
James L. Smith on the street. | stayed at
Lutz' till nearly ten o'clock; Lutz aud |
started up street towards my home. At the
stepping stones between James l.. Smith
and Fleming's houses, | saw James and
Floyd Smith. james said, What did you
say about my sister, and at the same time
| heard q shot. | reiterated and the lantern
Carried by Lutz) was put out James or
FLOYD was firing al me; | was trying to get
my revolver when | tell. | returned
the FIRE shooting twice; | found
was shot and called to
LuGz Lutz called TOR he p and DR.. Bat
son and several others came and was car
ried home. recognized Floyd and jim
by the light from the lantern before 1t was
put out was en- the Stepping stone when
| was fired at, was running backward and
fell. Gnd while down was shot. Icould see the
shape of some one following and shooting
at me. | fired two shots, ut least there
were two empty cartridges in my pistol
did not get my revolver out until after ]
tell. saw nobody there before the shoo'
ing but Floyd, Jim and Mr.. Lutz. was
shot in the left ankle, the bullet entered in
front, SCATTERING the bone, ranged upward
and came out on the outside of the leg about
two and half inches higher. was con
QQSQ 10 my UGQ ctCfSu HCShc. h10 "
use two crutches for more than year,
can now walk, but not far. Mr.. Lutz
now lives in Sioux City. | have sent
him money to come every timehe came here
The reason | carried pistol was because
on the night of the 9th while on the way
from the postoffice with Maj Fsrnsworth |
saw Jim Smith following me; jim crossed
the street in front of my shop and stood there
as if watching me; Mr.. +. told me | would
be wsylsid and shot On this borrowed
pistol the same evening. Floyd Smith came
into my shop the Wednesday before the
shooting and invited me to 60 the river. He
was in my shop about Christmas and bought
goods of me. 1t was about 5 o'clock the
night of the shooting when went to the no.
tel John L. Smith, father of the defendants
and had quarrel in 1869. | found that
John l.. Smith had sold a portion OF my
land to John NJ. Phillips of PIttsburg. |
wrote letter to the chief of police in Pitts
burg as did not know Ps address and re-
ouested him to communicate with Phillips.
p. saw Smith who was satisfied that Myths
was wrong; Floyd Smith was friendly and
wasin my shop as late asWednesday or Thurs
day before was shot. John Smith is the
father of jim and Floyd Smith; John L.
Smith and never spoke since we quarreled
in 1879.
Witness cross examined The first diff
culty was on the main street in Bnckhannon
m 1879; Smith drew a large knife on me
then: left ar d went home; We had another
Quarrel at Webster Court House few
weeks after the quarrel in Buckhaunou.
The Smith boys had never offered any
violence before the night Of the 10th am
acquainted with Miss Ella Smith, sister Of
The defendants. She came into my shop 8
few DAYS before the shooting for q silver cup
which had been left in my absence for re-
pair.
I did not say, Tell your father to come
over to see me about bad report about you
and me-" She did not say, What do you
mean? I'll tell my brother on you" did
not say, You can tell your brother that you
are a D., and If your broth
ers cross my path I'll shoot them" hired
counsel TO prosecute the Smiths. | objected
70 Mr.. Tatten. the then prosecuting attorney,
having anything to do with the case.
On account ofthe sickness Of the Judge.
Hon. Henry Brsnroa, the court then ad-
iourned until Wednesday at a. m.
Second Days Proceedings.
The cross examination of Myths was re-
surned. he said:
II do not know whether the land John
L Smith sold was surveyed or not. have
charged the Smiths with perjury aud that
their witnesses committed perjury. l did
not charge the Jurors with being bribed. [
meant when said was sorry knew Ella
Smith that / was sorry on her &c ,ount as
her statement in court was untrue. The
shot was fred immediately after jim
Smith said something about his sister"
DR. J. R. Blair testified:
On the night of February 10, 1888, at
tended Myths. / found him with gun.
shot wound in the left ankle. he is GRIP
ped for life. he must have been on h,s
back when shot.
DIR. G. A. Newton, who had also attended
Myhua was next called. His testimony
was similar to DR. Blair's
Hon. d. DIT. Fsrnswgfth testified: u
! was with with Mr.. Myhas on the night OF
pAA-1ary 9Th. 1883, At bis shop About
o'clock we went foA As postofice 10