The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-05-25
KELLY HAS An ALTBI, TOO.
Continued from Fini Page.I

lIVHHutu IFVW EAst 4 uye'l
Kelly, in the lookup at Bridgeport on
the 18th OF last December. He COM
planned Of having a sore arm; it was
burned, and the witness bought him
some cosmoline. This was between the
18th and 10Th. Kelly was discharged on
condition that he would leave town, and
the Mayor saw him get on the train and
start for Bellaire.
Marshal John W. Stuff identified
Kelly, whom he had arrested last
Christmas, and he corroborated Mayor
Junkins' testimony about the sore arm.
Mr.. Sommerville called James I. Con-
lin, and US he did not respond, went
after him and brought him in. Mr..
Conlin is the man at whose brickyard
Kelly claimed to have been in January.
Mr.. Conlin said he had seen Kelly, the
last time Of which he was positive being
on February IL. He saw him in Janu-
ary also, between the first and the
twenty-eighth. Kelly kept the fires up
for him in his brickyard several nights
in January, and also on two Sundays in
that month, neither OF which was the
first Sunday nor the last Sunday OF jan
uary; 1t was two successive Sundays,
but he could not say whether these were
the second or third or the third and
fourth, but it was one or the other.
There were Others there; he did not
know whether he came with them. He
could not say whether Kelly was hurt in
anyway at that time, but he did some
work there. He was there most OF the
time between these Sundays, but not all
the time.
Cross examined by Capt. Dovener, he
said he could not say where Kelly was
on January II, but he was at the brick
yard on the evening Of that day and
kept up the fires the next day, the 18th.
The witness received a letter asking If
he remembered fellow named Bob.
He did not know him by that name, but
his boys said one OF these men was
called up. A. Bob" and from their de-
scription he recognized this man. There
might have been something wrong with
Kelly-a wound; lie did not examine
him. Kelly left about the 18th, and
came back on the 9th or 10th Of Febru-
airy. The witness knew he was there
on the 18th by n business transaction
that day. 1t took the witness long
drive to the railroad and then four hours
or so to ride from Finleyville. A man
might get from Wheeling TO Monon-
gahela City or from there TO here in four
hours. He did not know whether any
body came with Kelly. They did no
work and so he did not take much
notice to lifetime the Others came or went
and could not now fix it.
Sheriff Handlan was inquired OF rs TO
the date ON which the requisition papers
from this State were sent to Columbus.
He said he delivered them himself
April 3.
Isaac NJ. Sutton, Of Benwood, was re-
called by the defense. Mr.. Sommer-
vile asked him when he came to Ben
wood, and he said on the 18th OF April,
n year ago. He was not arrested for any
olense; not for stealing a COW. This
was here objected to and ruled out.
Mr.. SOmmerville-We rest, your
honor.
Captain Dovener-wait one minute;
l want to re-examine Mr.. Christie a
little.
Christie, in answer to his questions,
said he did not remember whether he
told Sheriff Handlan that he read the
letter he wrote at Newark to Kelly; he
was not positive that he did read it to
Kelly, but thought he did.
He was not at Professor Gleason's
horse show, in this city, on the 18th Of
January, 1883, and did not have fuss
there about q seat.
Capt. Dovener reserved the right to re-
call Christie on this point after he had
seen another party. He was given till 2
p. m. to arrange for evidence in rebuttal,
and court took recess until that time.
After Mr.. Exley was excused, Capt.
Jasper, train dispatcher in the b. & o.
office here, was put on the stand by the
prosecution, and inquired Of concerning
the arrival and departure Of trains on
the main line and Pittsburgh division
at the time Of the murder, the idea be-
ing to show that Kelly could come here
from Monongahela City and return in
one night.
Capt. Porter Smith was next recalled,
and asked if Christie did not Choke up"
in the Jail at Mt. Vernon when asked
about the Glenn murder. This was
ruled out.
The evidence all in, the jury was given
brief breathing spell and allowed to
stretch their legs in the library room
over the court, and about o'clock they
were recalled, and the argument to the
jury by counsel began.
Prosecuting Alto ,ney Jordan opened
with q speech on behalf Of the prosecu-
ton, which was spoken Of by those who
heard it rs one OF the ablest efforts OF
his long career. Perhaps the most
weighty part OF his remarks was that in
which he laid down the rule OF law us to
the weight Of ci-cupstantial evidence,
saying that il q MAJ could be convicted
only on direct and positive testimony,
the assassin, the burglar and the mid
night prowler, who take all possible pre-
cautions to evade detection, would be
practically guaranteed immunity from
punishment.
Mr.. Jordan reviewed the evidence
briefly, and was followed by Mr.. john
Howard, Of counsel for the defense.
The two speeches borrowed no little OF
their popular interest from the well.
known fact that the two men are rival
aspirants for the Democratic nomination
for Prosecuting Attorney. Mr.. Towards
had special interest for his friends from
the fact that this was his first case in
court, and his maiden speech to Jury.
He used with telling and dramatic effect
the fact that large reward had been
offered, and said: even now in the
corridors Of this temple Of justice these
men await the division OF their blood
money"
Mr.. Howard was warmly congratula-
ted by all the lawyers within the bar
and by his honor Judge Jacob, after
Court adjourned, on the creditable way
in which he had borne himself in his
initial experience. His speech was
highly complimented about town last
night by all who had heard it.
L. IL q