Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-10-25
HELD TO COURT.
POUR WITNESSES SWEAR MULLARKBY
AIMED THB GUN At PLATTE.
". Z. Moores Evidence as 10 Where De Was
When the Sho. Was Fired Contradicisd By
Ssysral-Bal Fixed at $1,000

OeFeral-bAu FlAgl az NlVOV
The examination Of young James Null
larkey, on the charge of murder preferred
by W. H. Platte, tbs father Of the unior-
turata victim of last Sunday evenings
shooting affay, took place at the Office Of
Justice W. H. Davis, commencing at two
o'clock yesterday afternoon. The hearing
was before Justices Davis and Ankle, sit
ting jointly. Capt. B. B. DOvener and
Hon J. B. Sommerville appeared for the
defense, and the State was represented by
Prosecuting Attorney Howard, assisted By
Col. Robert White. There was very
large attendance Of spectators, main ly
yourg men of the Sixth and Eighth wards,
who we're friends and acquaiutsuces of one
or the other of the twO boys The
defendant was brought down from isil IN
the custody Of Officer Spedel. He appeared
perfec IL calm and self-possessed, and no
one, looking at him, would have guessed
he stool confronted With so grave charge
"a murder About the time TIE prisoner
took his seat beside his counsel, the rife
from which the fatal shot was fired, was
brought ia, together with ihe dead boy g
hat, perforated by the bullet, and Doth
articles were LAID on desk, where they
we're viewed with curiosity by those 10
the crowded room.
DR.. l. D. Wilson was the first witness
called. and then, upon motion by each
side, the other persons 10 testify weres~orn
and excluded. DE-. Wilson then detailed
the result Of the medical examination
made upon the body of the dead boy.
Death ~ss the result of 3 gun shot wound
w. H. Moore testified to seeing the de-
PENDANT Sunday afternoon, neer George
Acker's. Other bOys were with him.
Platte and another boy we're in a wagon.
At the time ths shooting was done Mul-
larkey was not near enough TO touch the
wagon, although be might have been at
one time. MullaTkey asked twice 20 ride,
and Platte refused. Witness Thought
Platte said he had load enough. Bu!lsrkeY
raised the gun mp to his shoulder, pointed
II right at Platte and shot. To the bsst Of
three feet from the wagon when TOE shot was
fred. The horse vas g)i1gdown he decline
to the bed of the ron when the shooting
took place The boys we're in foil view
Of witness. who was approaching tbs
wagon. Platte laid the whip back IN the
wagon, out OF his hand, and picked up the
lines, after he refused 70 allow Mullarkey
70 ride. When Platte fell, he rested partly
on a box, and witness told Vernon to
raise him up. Vernon said he cOnld not
manage him, and witness took the box ont
from under the dead boy, while Vernon
held the body up. The wagon was then
in the middle OF the run. They laid
Platte down in the wagon and witness
put a gum coat under his head.
He looked as though he was dead.
Witness then started OF home,
and the boys crossed 10 the other side OF
the stream. On crOss-examinatl0n Capt
Doyoner questioned the general accuracy
Of witness statements, taking the ground
that as witness wss on lower ground than
the wagon, with the horse and wagon be
tween him aud Mullsrkey, witness could
not have seen Mullarkey deliberately"
raise his gun and shoot, because the dash
board of the wagon and the boys on
the seat would have hid MullaTkey
from his view. After good deal
of cross-6ring between Capt. Doyener aud
witness, the latter said, when Mullerkey
first came up he said: I'm going to
ride" Platte said: 'Tye got load
enough" Mullsrkey said q second time:
'Pm going to ride" and Platte ssid:
"You can't ride" Witness did not see
MullsIksy stop the horse. Mullarkey
steppsd back from the wagon, raised the
gun in both hands, took aim and fired.
James Vernon ssid they met the two
boys at the new bridge rosIDg Of the
run. The boys were 10 e group IN the
read. As the wagon came up they sepa-
rate and then got II behind the wagon.
M1llarkey was saying something, but
witness could not understand what he
said. When the wagon pissed Mullerkey
he was still talking. Finally Platte
looked back and said 'al right" Toen
Mullarkey raised bis gun end fired. He
aimed at Platte. Mul!arkey dropped HE
gun, and next he saw him running down
the road with his gun in his hand. TIE
bows all disappeared, sJmehOg. Before
Mnllarkey left be said: "What can do
for him" and Mr. Moore said: The law
will do for You" MullsIkey stood behind
the wagon, RI the right corner Moore
psssed through the crowd Of boys, and the
wagon passed him just before the boys
we're reached. Just after Platte said ELL
right" Mullarkey put mp his gun and
aimed and fred. The lines fell under tire
horses feet, and Mullarkey rsn around to
the ho.se's head. The horse didn't stop,
and Mike Gallagher stopped him On the
other side of the creek, after leading him
across. The gan was not dropped in The
rnp. az Moore bad said, but on the bank.
There was no quarrel, or loud, harsh or
insulting words on either side. When
Moore came mp TO tha wagon be came from
behind the wagon, it having passed him;
he did net come from IN front. II was
looking right at Mullarkey when he pat
M his gun and aimed. ! can't be mis-
taken about that. be had heen keeping
ND with the wagon, about foot from it,
ard when be raised his gun he stopped,
and the wagon left him"
Richard Criswell said when he met the
bows they were talking about going down
The run 10 shoot COW. He did rot see
the shot fred. When Moore took the box
out Of the wagon, it vas two or three hun-
drsd feet from where j. left tie waisr OF
the ran, bot be was "workiDg" around
the wagon before it crossed the creek, the
wagon being right at tie abutment when
he first saw him.
George Acser helped to lay Platte doEn
in the wagon. The wagon was about to
cross the run where the shot was nred.