Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-07-02
HEARING THE EVIDENCE
In the karling Robbery Habeas Cor
pIs Case.
A Dozen or More Witnesses on the
Stand,
And an Enormous Crowd In At
tendance.
The Entire Day Spent In the Ex-
amins on,
Which Will Be Resumed This Morn
ing at 9 O'clock.

The hearing Of the evidence in the appi
cation for a writ of habeas corpus in thu
case of the prisoners charged with having
perpetrated the sttrocious Msrling robbery
was begun at 10 o'clock yesterday morning
before Judge Boyd of the Circuit Court-ol
rather, it was to have commenced at tina
hour, but the absence of Mr.. Dovener, coun
sci for the defense, at the hearing Of civi
suit before Squire Arkle delayed proceed
ings 8 full hour.
As early as 9 o'clock witnesses and spec
tators began to congregste about the Cour
House steps and entrance, and when the
doors of the court room were opened, al
lO:45 o'clock, the seats reserved for the &C
commodation of the public were filed
in twinkling with about as molly an as
semblsge Of spectators as we're ever gathered
together in this county. At ii o'clock Judge
Boyd came into court, attended by Sheriff
Hsndlsn, Prosecuting Attorney Jordan and
the usual complement of court officials, and
q few moments late
THE PRISONERS,
we're brought in in the custody of several
officers and given seats on the north side Of
the room, facing south. Mr.. Il. NJ. Rus
sell, who had been retained by Mr.. Marling
to assist in the prosecution, took his sea,
with the Prosecuting Attorney, while
Messrs. Dovener 4 Elson represented the
accused. Elijah Marling, the victim of the
tends on the memorable night in Decem
Der, had seat near counsel for the State,
and was the centre of hundred pair Of
eyes.
The prisoners were ranged in the follow,
ing order: Commencing from the seal
nearest the witness stand, the first one o.
the accused was Charles Angus, an unpre
possessing individual with a peculiar aud in
describsble tough" Sir about him. de is a
medium sized man, dark complexion, with
q small moustachs and thin brown HAIR
His right eye was out of repair, and as ne
surveyed the witnesses and audience Will
his other optic he had
A BEN BUTLERIsH SORT OF AN AIR
which did not add to his beauty.
Next to him sat William MCGOWAN, also
q stoutly built man, with q closely cropped
head Of curly hair. He could discount his
pardner in the matter of beauty, and was moi
afflicted with that general ill look which
was q prominent characteristic OF Mr. An
gus.
The third worthy was Mr.. Thomas Nc
Gowsn, who was evidently deeply interested
in the proceedings, at times smiling as some
question or answer touched his sense o
humor. Thomas wears his dark hair rather
close to his head, and bis upper lip wa
adorned with small moustsche.
The fourth 10 the exhibit of talent wa
George Culver, who was by long odds the
best look man ofthe lot, and seemed
OUT or HIS ELEMENT
in the company Of the other four. Georg'
was evidently about twenty-five years o
age with dark hair and smooth face, sne
wss rather neatly dressed.
Next to him sat bis father, John Culver
a man of about 40 or IS years He seemed
to keep the run of the proceedings prett,
conversations with his counsel. Culver i
of dark complexion, dark hair, closely crop
ped moustache and scattered short bear
on his under lip He looks ike one accus
toned to rough country life.
The FIRST business was the formal waivinl
of the examination before Squire Caldwell
who held each of the accused in the sum o
g., 900 for his appearance, and then the pre-
ceedings under the writ were commenced
The Sheriff's return showing the men wer
held on warrants, the calling OF the vii
nesses, some thirty in number, was begun
These were duly sworn by Clerk Mitchell
and marched to the court room OF Part Two
where they were to remain until called tor
Then little prehminsries being arranged
the first witness was put on the stand, b
being the victim of the robbers,
Elijah Marling.
Question, by JOrdan-Whst is you
name?
A.-Elijah Marling.
Q-Where did you live on the night o
December %, lsS42
A.-On the Kelly place, in Ohio county
Q-Whst tina did you have supper tbs
night2
A little before dark
Odd anything occur that night?
A.-Yes.
Q.-Stste what took place.
A.-Three men broke into my house
little after dark; / was sitting by the fire
they came in the porch door; the f2e plsc
is in front of the door; the door was faster
ed with a common lock the lock was broke
off; the men came right in and struck m
with pick handle; they said nothing whe
they came in, but one ran and struck me
the men were about the size of tn
prisoners; one man then caught m
and showed me on the bed, On
ANOTHER cHoKED Ms;
when came too l was lying on the foo
tied with q rope; my hands were tied an
also nv legs; that was all they did then
afterwards they tied my hands behind N
and put a gag in my mouth; the gag va
made of muslin; they then searched to
house sll over; they were talking anon
themselves; l had not quite $500 in m
pocket, and some more was hidden around
some was gold, some silver and some paper
the men had masks on their faces; one {
them told another be needn't look on tb
mantle for money; one Of them sat BY N
questioning me; he wanted to know wher
my money was; he allowed there was NOR
money is the house; one of them ssid b
had heard 1 got money from Murrey fc
rent; the men were in the house three hours
they
BURNED NE WITH A HOT POKER
on the hip and stomach; there was FIRE i
the CRATE in which they heated the poker
they kept sticking it in the FIRE from time :
time; / had received 800 from Murrey
week or two before; he left it at the uppe
toll gate, and got it.
Q.-Was anything done with grease?
Doyener Ito Jordan You had better rea,
him the newspaper account and ask if it
true.
A.-They poured grease on my back, bu
il was not very hot; | was released the mex
morning by Mr.. Kelly, q tenant on tn
place; he came in about I or O'Clock.
(Which of these Ave men took you b
the throat2