Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-07-26
HELD TO COURT.
Jerome Mccormick Given Hearing Be
fore Justiee Davis.

lore Uuhtlce Davis.
The bearing of Jerome Mccormick,
charged with placing distractions on the
track of the Wheeling and Elm Grove rail-
way, about six o'clock Wednesday even
log, took place before Justice Davis at 3
O'Clock yesterday afternoon, attracting a
considerable amount of interest. The de-
fendant was represented by Captain B. B.
Dovener, while Prosecuting Attorney How
ard appeared for the State, and Mr.. Louis
Stifel represented the railroad company.
The witnesses for the State were Louis
Colmar, editor Of the Zsitung, T. W..
Phinny, Conductor John Kiadleberger,
Engineer Shane, A. A. Frauzheim, Fire
man Norvell, Luster Smith, an emplOye Of
the company, and Conductor Michaels.
There were no witnesses for the defense,
the prisoner making his statement with
out confederation, 50 far as other testi-
mony in bis behalf was concerned.
Conductor Kindlebsrger, Fireman Nor
veil and Engineer Sloan sll swore positive
ly they saw the defendant place spike
between two ofthe rails on the track, near
Echo Point. This was after they had run
through the field and came upon the tie.
Col. Frsrzheim testified he saw the de-
PENDANT stopping over the track, but saw
nothing Of q spike. Conductor Kindleber-
ger described the trouble he had with the
defendant on the four o'clock motor. about
his fare, and said the engineer, when out
near the park, called his attention to Nc
Cormick, and said he had a stone. Nc
Cormick was in a suspicious attitude, with
his band behind him. The tie was not
living across the rails, bat had one end
bractd in under the ties of the track, and
the other end was sticking mp over one OF
the rails. The spike was nearly opposite
the big tree, between Dewey's and Edging-
tens. I suppose he put the tie on, bat l
did not see him. l saw him coming from
the direction of the tie, and saw him drive
the spike. The car bit the spike and broke
it of"
Engineer Shane said:
AZ saw the tie, snd then looked back
and saw him working about the track.
told the conductor be was up to some dew
ilment back there The tie was stuck be-
tween the ties Of the track, so it would
hold. l told the conductor we had better
70 back. l saw him putting the spike in
using both hands. He was standing
astride the rail with his back to us"
Colonel Frauzheim said:
II was on the rear platform. saw the
man with his back to the train, leaning
over the rail. As we came mp he got of
the track aud jumped on the train. lie
slipped, and was dragged eight or ten
feet
Fireman Norvell said:
81 saw him stopping over the left hand
rail. I saw the spike sticking up in the
rail i,int. leaned out Of the cab, ready
to Jump, for didn't know whether We
would leave the track or not. We hit the
spike ana broke it of. We went over it,
ana must have broken it of. 1t couldn't
hsve fell ont. felt the jar"
Luster Smith said
Il told him what they said about the
spike. He said: 1t was d-n small
thing CT something like that"
Mccormick took the stand himself, and
maintained mis- entire innocence, telling a
very circumstantisl and straightforward
story, about as was published in the REG
IsTER Yesterday. He said be did not see
the tie nor tie spike, nor did be meet any
one in that vicinity. He was entirely In
noeent.
He was held for the grand jury, in $500.