The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-10-25
HELD IN sl.ooO pAH.
Young AIullarkey Has u Preliminary Hear
ing-The Evidence,

Young AIull9rkey Has Preliminary Hear
ing-The Evidence,
James MuIlarkey, the young lad
charged with tho murder Of John Plat,
was taken before Justices Davis and
Arkle, at the office Of the former, for a
preliminary hearlngyesterday afternoon,
Prosecuting Attorney Howard assisted
by Col. Robert White, represented the
State, and Captain Dovener and Hon. J.
B. sommerville the defense. At2 o'clock
the little room was crowded with specta-
tors and friends Of the two families from
the South Side, When the court open
ed, q few minutes before Q, the airs re-
inyinating properties were hreathed out
and the place wRs almost unbearable.
II was q few minutes past 2 when Off
Ger Speidel, acting as special constable,
brought young Mullarkey in from the
county jail. The boys face still had It's
fresh young color, but there was IN air
Of sadness aud an uneasy manner about
him which no doubt came from the ex.
element attending his position.
Or. l. D. Wilson was the tirst witness
called. He reiterated the testimony
which he gave at the Coroner's inquest,
and described the course Of the ball, as
passing almost horizontally forward
from the point OF entrance, about an
inch above the back OF the middle Of the
head.
William H; Moore was peFt called.
Mr.. Moore lives In Marshall county,
three miles from this city. He gave
about the same testimony which he
gave before the CoFoner's inquest. He
positively reiterated his statement that
Mullarkey deliberately fred tho shot
and initiated bis motions. He said:
"Mullarkey was a few feet back Of the
wagon when the gun was fred" He
saw Plat fall back into the wagon, and
helped him to a more comfortable
position, and vent bone, leaving hin in
charge OF Vernon.
Captain Dovener cross.guestioned
Moore, with rather disastrous effect.
Moore atlll ltuCE 10 his statement that
Mullarkey deliberately shot Plat, but
became rather shaky when actual meas.
urements and definitely located points
were asked about. He insisted that the
horse was stopped In tho middle Of the
run, and that MullaIkey's gun and ram.
rod were dropped In the run. Several
tunes he became very MUCH confused,
and had 10 stop to think what he had
Bail under DIRECT examination.
James Vernon repeated the story he
told before the Coroner, go Tar as geper-
alities 20, but In details he fatty contra,
diCtcd several Of Aloore's statements.
Under Capt. DOveners CrosS-Question.
ing his testimony put different faCe on
several matters, particularly the location
OF the wagon and the people when the
shooting occurred. He said Moore had
passed the wagon and come back, and
that he did not turn till after the shot
was fired. He, however, stuck to'the
statement that Mullarkey had lifted the
gun to bis shoulder and fred, but ad.
United that the boy bad stoppeA the
horse.
Richard Criswell, a new witness for
the State, walked up the run last Sun.
day evening and saw the boys several
times during bis walk. He was present
when Moore put the boy down into thp
wagon, which lie said was on The east
side OF the run, out on the bank about
ono hundred feet away from tho water.
He did not know anything about the
circumstances surrounding tiie shooting,
and his evidence was only corrohoratiye.
William Allen, who lives four miles
out the Fairmont road was called, but
know nothing about the case.
George ACker, who lives opposite the
new bridge Rbptnent, saw Plat fall on
the ledge Of the wagon and helped to
PLACE him comfortably in the Wagon.
He saw Young Nullatkey try to stop the
horse Just before II got to the run. Plat
was laid down In the wagon before IL
got 10 the run possibly thirty feet away
from the run. ACker did not hear the
ram.rOd mentioned, and did notsee Mul.
latkey run dORn the Fpsd, He beard
the report oil the gun.
William ACker, 10 years old, was on
tho porch, at his home, watching for his
little brother to bring the COW. He
heard tho shot, and farming, saw Plat
With bis head lying back In the wagon.
The wagon wHs between tho KCker
house and the bridge abutment.
Ellsworth Acker, 3 years old, told q
straightforward story 10 the effect that
Ito saw q boy hold up gun, while STAND.
log back OF the wagon, aud shoot. He
was afraid the boy would shoot him so
eran' Into the HtaRle. He said thP boy
who held the Eun up wRs .Ubout twice
aS lar as from here "a the WALL Thirty
ieet) when no raised the gun,
Frank Baker was on Acker's porch
on Sunday evening, and saw the boy
hold up thelgu and shoot, and run 10
gun and showed how tho shoot
itg was donb. He said Mullatkoy was
about haltaa square away from the
wagon when tho was fred and tho
horse vgS IN the water when the shot
AtthlS point a new feature OF tile de.
Tense CatiO out II BECAME apparent
that they were trying 10 prove that
Jaucke, who also Ind gun, and was
fifty feet from the wagon, waS tho one
who did the pointing Of the gun, whllB |
Npllarkey did the shooting from the
tail gate.
John Weitan unlupoftant witness was
examined, atter whiCllthb defense turned
tho cage over 10 the Justices, being con.
tent 70 regt without offering anyteStl'
tnony.
Under the law Justice Davis did not
feel that he would bU warranted In ad.
mitHnR The prisoner 10 bail, tue charge
being murder. The counsel for The de.
iensB iEtimALiuH that they proposed
going before Judge Paul aid IMPLYING
Tor the release Of the prisoner on ball, Il
was agreed among the lawyers that the
question should 10 presented at onpO,
Judge PAUL, aitOr q presentation Of the
case, ordered the boy admitted 10 bail 10
the sum oil q 900, aud bond for that
was promptly furnished,