The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-05-23

tain premises in Wheeling from 3 stl
bic. Kelly said the burglary in whicl
he was then engaged was interrupted b
q dog, the witness thought. kell
claimed to be glass blower, and said h
had wife and child at Columbus, bu
did not live with them.
This testimony was several times IN
teTupted by objections on the score 9
its irreleyancy. but Capt. Doyener sal
he proposed to connect these statement
with Others which had bearing on tn
case, and a good deal Of argument wa
INDUCED in. The witness said Christi
told him he had worn a mustache, AM
had had 1t shaved off the day Of his Al
rest at Newark. Kelly said he went 4
sleep in q barber shop while beini
shaved and having his hair cut; kell,
said he had paid sixty cents for the worl
OF the two. This evidence was rulet
out by the court.
Kelly said he did not care d-n TO
the Mt. Vernon case; it was something
else he was afraid of, but what else i
was he did not say.
Capt. Dovener asked II the witnesl
knew anything about an attempt BY
these prisoners TO escape from the New
ark jail, but this was ruled out, anC
when repeated in several different form
was each time objected to by Mr.. Som
merville and rejected by the court. The
witness. in Jail, was teasing Christie,
when Kelly came to him and said not "a
plague Christie or he might give some
thing up" One OF the prisoners said
that II Marshall Rickenbaugh had not
got the drop on him he would have shot
him as he did policeman in Wheeling.
Capt. Dovener-Who said that?
Witness-Kelly.
The witness saw Christie have letter
in Jail one day; Kelly was sitting by
him when he wrote it. He said he was
going to send it out by Mr.. McFarland's
wife. Christie said he was writing for
some money; that he had party in
Newark who would let him have dia-
mond saw il he paid for it. Witness
was told whom the letter was addressed
to, but he had forgotten.
This closed the direct examination.
On his cross examination Davis said he
had had several conversations-three or
four-with the prisoners in which they
had mentioned trouble at Wheeling
with q policeman. All Of these were
with Kelly. Christie never told him
anything about it. The first talk was
three or four days after they came in.
He learned their names from themselves.
He named several persons who heard
some Of the conversations, but could not
remember all OF the prisoners names.
Mcfarland, Joy and Others were there.
The mark on Kelly's leg, the witness
said, was larger and more inaamed at
the time he saw it in the Jail at Newark
than it seems TO be to-day. At that
time there was another mark on his ell
bow. 1t was Christie who had the
cartridge which he said had killed po-
liceman. At that time nothing else was
said about killing a policeman. Chris
tie held up an empty cartridge shell
and said, There is a cap that killed a
policeman" Those were his exact
words, as nearly as the witness could
now recall them.
The story of the shooting here was
gone over again, and then Mr.. Sommer'
vile asked:
with how many parties have you
talked over what you say these prison
ers told you?"
He said he told it first to Mcfarland
and he could not recall anybody else
with whom he had talked about the
matter.
Davis said Sheriff Handlan, OF thiI
county, summoned him to appear herC
and testify. He was at Newark. Tha
was the reason he had come, and tht
only reason.
"Did you not know that you coulC
not be compelled to come herep
Some said 1 could and some said
could not"
"who said you could?"
"Well, Tom Davis, lawyer who live
out where I do"
This testimony was cut short here.
No other inducement, Davis said, wa!
held out TO him. He supposed his mile
age and expenses would be paid him
They were when he came here before
He then got Sl2.60. He supposed tn,
Court or the State paid this.
Mr.. Sommerville asked what he wa
in Jail for.
Petty larceny"
"What were you accused OF stealing? 2
81 was charged with stealing wool"
Mr.. Sommerville-"Here is q man il
favor Of putting wool on the free list.
Laughter.l
The witness said he served his term
thirty days. He had once before beer
in trouble, accused OF stealing IS. II,
served year in the penitentiary at Co
lnmbus for that.
Mrs. Mcfarland was called. She tolI
of receiving from her husband letter
TO be delivered, which she gave to DaviC
Moore. A greenish blue envelope beini
shown her, she said it was the one tha
was on the letter she gave Mr.. Moore.
David H. Moore, the turnkey TO whom
Mrs. Mcfarland delivered this letter, ,tes
titled that the two prisoners had beel
locked up in the Licking county Jail q
Newark, Ohio, in February. One da,
Christie had a cartridge which he sait
had "croaked a man" Witness asket
him where, and he said Sin a saloon.
The man Christie surrendered a knit
when he came into the jail. A knife
IN ordinary table knife with a whit
handle, was shown and identified by tn
witness, but this evidence being rule,
out, the knife was put away until othe
evidence led up to it. The evelope wa
shown him and identified. The witnes
said he thought the writing on the en-
yelope was Christie's. By the reques
OF the defense, the envelope was put il
evidence. Witness said he had seen tn
writing of the letter inside the envelope
and he thought it was Christie's.
Marshal Rickenbaugh, OF Newark, o
was next called to the stand. He frs
saw the prisoners when he arreste,
them rs they came out OF a pawn sho
on Second street in Newark. He pre-
duced 32-calibre revolver which h
said he had taken off Of Kelly and a IS
calibre pistol taken from Christie. TIL
former pistol was marked RED Cloud
and the latter was labeled "Americal
Double Action" These were introduce,