Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-01-01
the THIRD DAY
Of the Emmett Mitchell Mu
Trial.
THE eNOANT EXAMINED.
He Gives His Testimony in a Clear
and Apparently NOnchaIant
Manner.
THE DEFENDANT EXAMINED.
HIS ACCOUNT OF The FATALITY.
!SDeririhy N. RSJis,.y.

Is 10 cessation in the crowd that throngs in
and about the Court House, and when En-
met Mitchell, the accused, was placed on
the stand this morning, the standing room
was soon taken up, as there was great
curiosity to hear his story Of the fatal meet,
ing he had with Charles Griffith on the even,
ing Of September ,, 1884. Mitchell, at
first showed little nervousness, which soon
worked Of and he gave his testimony in a
nonchAlent manner, and every answer was
listened to with much interest by Jury and
spectators.
The State first called John Siiebottom J.
p, who held the inquest, ana questioned
him as to the pistol with which the shooting
was done The revolver was an English
bulldog. At o'clock the Safe rested
their case.
The DefonSc.
For the defense, Emmet Mitchell, the ac,
cus,d, was the first witness called and we
sivc . synopsis OF his testimony. Am twenty
TX y,"rs old, and have lived all nv HE on
The h9r t. farm; knew Charles Griffith all
nay he; he had lived fifteen wears in tha,
ue'ghlOrhOOd, It was probably fifty Or s'y'y
yards from ay f. ors; h3 usual way t.
l.Cyisyi.lc VAS past oarhousc, father owned
land r@ lph sides the road; up 10 a lev
.oarS aIO VIC were Tie best Of friends: the
'rs, colauc;s noticed was when ! worke |
!or Iuhi.n fletcher for Supervisor and
".ainst him: next year Griffith was elected,
and then there WIS trouble about fences; |
saw him one time when he was fixing a
fence near our stable, take oUt his re,
yoIYcr and peep through the cracks as il
watching me; Cne day | sa d to him about
tie read you are widening her out, and
he said, IF you aiu't careful you'll get
widened ont. Several other little altcrca.
tionS were testified to; met him at night
by Lofcr rate, didn't know him and said
Ncl'u!' lie drew 4 revolver ana called
me hWd names and said for me not to
speak TO him. FUr over year before the
homicide there had been no angry words
t"tNeeu rs. | first owned a revolver I'VE
wears ago. never made any threats ags:n>'
,riihtl iitr. / he dag 1eioro the mUrlt-
! was on Tie road with team, whel one
Of NY hors,s shipped and fell; took p'oT
aud rIowed ot little turry@ was
u. work the next day at - o'clock
saw Gri,,h stoop and get some
,hiug Oh tn, road aud throw it over the
',uce. l. ~us pot which lad been taken
ut when va, oai:..ng after dinner !
p,owti till l#lf past tour o'clock. Griffith
vas in ms field ami asked me what /
plowcI in ,hr rear turrUw for Il will set.
;la with YOU for that cd fellow Is that
so. | replied ~ cS, | am prepared for
ycu.' He aftcrward stood and lookel Il.
me went hnmo aud 'rd wv h,,"'na. -
sIa.,,.! DalN to work. In the day time
did not have the revolver when | went TO
supper rot it. expected TO pLow DY
mocnli,ht: didn't kuow Griffith Wa, gong
70 LoydsyI.e that night.
Tho Homicide.
Whcn Started back, MIS- sld, way on
r.y mare. right leg thrown across "ni "Hc
horse vas ahead When first stw Griffith
hr came cut Of the gate AMI got on hiS
horse. he went to where the turrO" was aud
then wheeled and came back; We met
neasly in front OF the gate, as | rcr1iicct;
! laU rot changed my position | icp' 70
ward Haw ho~n"'s fence As he got opp
size M. h, said. "ryu orucry brute. J "i.i
eat v,ur irams ont. he came in toward
no and I'D me against the teDce. d.
G-rw MS .guc over nay head and made tn"
ramart aoirei tie blow and tell back
of the horse, which went on;
when ! rot OIL my revolver
lad fallen On the ground, and picked II
ur as soon as could. lie put his cane in
his laiJ ha.d and threw hia hand to hts
rocket, when shot said Now yol get
out Of this Or I'll hurt You. ran around
in front Of him and he wheeled his horse.
When | shot the first time hj5 horse WAS di-
rcctly south. I saw he was still reaching
for his revolver, and shot the second time.
| watched him ci0sclr. After be fell from
his horse. went home and hslloocd a my
father was on the inside Of the gate be-
fore father came, and went with father down
TO where Griffith was then went back
home aud changed Wy clothes: | had no
,xpcca,;on of meeting Charley Griffith
when started that r'enug 10 work nnino
tyrposc ~ intention 4, killing hlm.
TLe examination in chief Of the accused
was not .,mTjr'cd mil after Il O'Clock,
and we ha~" given careful report os h,
n,cuurt q. he homicide; his other testi'
norv va, Of fuses and their causes be
,sern him,c'l and the deceased. Mi.che
talk, ,p :a,illv. and at times indisnnctlg,
that It /, hard to catch bis words Hr.
Shannon A,d only commenced the crosSeN.
omina,ior when cSnrt tosk a recess .2S
dinner.
NfssrRoOu.
rS.-.l. NJ r,nnnr Mi..Nln y.