Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-06-05
DISCHARGED.
Chris. Wagner Released From Gus
tOdy
After an Examination Before Justice W.
n. Caldwell, Yesterday
Afternoon.
Yesterday afternoon at 2 o'clock the ex,

Yesterday afternoon at CLOCK the ex-
animation OF young Chris. Wagner, who
accidently killed little Emma Tenley, on
Thursday afternoon, wss had be-
fore Justice W. Il. Caldwell Prosecuting
Attorney Jordan appeared for the State;
while Col. ". ". ArDets and Capt. B. B.
DoveEer represented the defense.
Charles Arnett, the companion of young
Wagner, was first examined. The witness
stated that shortly before ten o'clock,
Thursday morning, he and Chris. Wagner
started out the pike, taking with them
small breeah-los1ing rifle, The went TO
Frark Walters field, near Mt BeiIvue,
and after shooting until tired, started to
return hone, it then being about one
o'clock. They came leisurely along the
pike shooting turn about" at birds, until
opposite the Thompson residence. Here
witness fred at bird, and handed the gun
to Wagner. The latter fell behind q few
Yards, and i'll a moment witness heard the
crack of the gun. He looked around and
saw q woman on porch jump. Wagner
threw MIN the gun and run up, Witness
heard the woman cry You've killed my
babe" Witness replied that it was not
he who fred, but Wagner There was a
bullet hole in the child's head ard the
blood was running down its face. Wit
ness and Wagner then started TO get doc
tor They crossed the Steenrod bridge
and met some boys, who told them 10 go
in the glass house and telephone. Ihla
they did. Then they met the father OF the
wounded child. he asked witness ifhe had
fired the shot; witness ssid, mo, it was
| the boy who WAS With me.
Wagner was then at the glasshouse tele-
phone They then came on in TO DR.. Bal
iard's office, and thence went TO d. Hupps
but that gentleman could not 60 at once
Dr. Uirich was then sent ont Witness
said Wagner was about 30 feet from the
house when the shot was fired He did not
know how he was carrying the gun; after
witness fired at the bird Wagner took the
gun out Of his hand He did not gee him
load it. and did not know it was loaded I'm.
Ill he heard it crack.
To Dovener-We were on the pike and
the mother was on the porch with the child
in her arms.
Re-direct-I think he had no idea of
shooting any one.
Chris Wagner the defendant, then testi-
fed. He detailed the excursion out the
pike, as described by Arnett, saying they
had made arrangements the night before
to 60. Near the Tenley residence witness
took the gun from Arnett, removed the
empty cartridge and put in fresh one
Hs said: II was trying to let the hammer
down, when it slipped through my fingers
aud the gun went off. | saw the woman
lamp up and run in the house and then
come out again. She said Charley had
killed her babe. He said it was not hin
who fred, but me"
Witness detailed the search for ply
stefan. and in response 10 questions said he
had no idea of shooting any one. He
did not notice where the gun was pointing.
Prosecuting Attorney Jordan stated that
Coroner Schultze had gone out to the resi-
deoce OH leaning of the child's death, snd
had taken the testimony Of the mother. he
deemed the Occurrences 30 purely an scci-
dent that be did notthink jury necessary
Justice Caldwell said the evidence
showed beyond doubt that the killing
was purely accidental The only thing to
be considered was the question OF criminal
carelessness, and be thought that did not
enter into the present case. He discharged
the prisoner, but took occasion to remind
both boys that there was such thing as
criminal carelessness, and that accidents
did not always go UNPUBLISHED.