The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-05-07
Last september-A Jury Obtained
With Little piHiculty, and tho
Evidence for the Prosecu'
tlon we'll Under Way,

RFAFN p 4AFtSAApJ ANSWNNNl WNNA w. =
sistance Of Hon, ], B. Someryille, while
Col. Robert White and Col, W, w, Ar
nett represented the prisoner. The lat
ter's sister sits by him In court, holding
her baby most OF the time, The Rttenl'
ance OF spectators Is not very large,
Colonel White moved for Q new Jury
panel, objectipg to the regular panel on
accounted the LEGGED illegal manner Of
It's drawing. The objection was over
ruled and the Colonel took an exceR,
ton, The Jurors were then sworn and
examined, and considering the gravity
OF the charge, the time spent In SELECT
ing twelve good men and true to try the
prisoner for his life was short. The
twelve iinallg selected were Gottleib
staub, Phillip Winters, O, l., sturgisSl
James G. Whyte, Thomas Burke, james
Doyle, D. ], Mccormick, II, P. Garter,
T. w. Roberts, j. II, Montgomery, j. r.
Humes and N, Stein.
The case being formally opened on
behalf OF both sides, the prosecution
called to the witness stand I, r. Ken
needy, the civil engineer, who had made
a plan OF the house where the shooting
occurred and It's surroundings, and he
testified as 10 its correctness, and ex'
planned the details and dimensions.
Mrs, Caroline Cook, who lived in an
other part OF the same house at the time
OF the shooting, was next examined
She testified In substance as follows:
"The Saturday night Of the shooting
Mr., Hildebrand, the prisoner, came into
my house and sat down on a chair. He
said in German: Something Is going to
happen tonight He spoke in a low
tone OF voice but ] understood him.
Mrs, Mary Hildebrand (the deceased)
came into my house and said 70 her hus'
band Damn you, does Mr.. Cook come
into my house when you are not at
homer She then jerked him out OF the
house. He lodged and did not want 70
10 out, but she pulled him out. She
locked the door OF her own house when
she got him in. l heard her ask him
for money. She said, You only gave
me five dollars. i want some more
money. You must understand, she
said to him, that am not going to be
your, do you hear mel? She said,
You can't handle me any more as you
think you can, Then heard slap,
She must have slapped him, because he
commenced to cry. Then Just at that
she cried out:
"tLoul LouI You are not going Ia
shoot me, are your
"Then the shot was fred, and ! ran uT
the steps. heard her say:
"tYou put me 10 my long home.'
"At that there were two more shots
fired. went into my front room and
did not hear any more. She wanted
somebody to help her, but / shut the
door because I was afraid OF him. Ht
was down stairs and might shoot some
more. live upstairs. | did not sec
him shoot her, but heard the shots fired
She was under the influence Of liquor
There was no one in the alley at the
time OF the shooting. did not see any
one. He was also drunk; he was very
drunk; he was not a dangerous man;
was not afraid OF him only when he wat
drunk. There was no one In Hide
brands house except himself and wife
/ am sure he did the shooting"
W. o. Beans, OF the. Register, was ex
amined as to statements made TO hin
on the night OF the shooting by Mrs
Hildebrand. DR.. schwin, who attended
the woman, and DR.. L. D. Wilson VIII
conducted d post norton examination o
her body, also testified. The result o
DR.. Wilson's examination was that ht
examined the body Of Mary Hildebrand
that he found a gunshot wound In thu
back, which penetrated the chest aat
opened a large vein, causing death BY
hemorrhage.
Fred Foreman was examined as Il
statements made by Mrs. Hildebrant
after she was shot. As toboth this test
mony and that OF Mr.. Beans, and severa
statements Of other witnesses as to state
ments made by Mrs. Hildebrand, thert
was a good deal Of dispute among th.
lawyers as To what constitutes an ant
norton statement. A part Of this wa
admitted and other parta reserved. Fore
man was excused until the court decided
such q point.
John West, Of the city police force
testified that he arrested Hildebrand a
the corner OF Market and South streets
He seemed to be under the influence o
liquor West lodged him In the cit!
lookup.
John Howell. Janitor Of the CIT,
Building testified that he had received
a revolver from Hildebrand as he wa
brought into the lookup, The revolver
was produced and offered as evidence
but objection made on the ground tina
IL had not been proven that this wal
the revolver with which the shooting
was done. In response 10 inquiries b.
the defense, Mr.. Howell told Of sevcra
times Mrs. Hlldebrand had been arrest
ed for intoxication and dlgorderly con
duct.
Patrick Weir was on the stand whel
court adjourned until 0 a. m. to-day
Mr.. iHeifs testimony was substantial!
as follows; - tiis
~ was coming home about I o'cloCl
Saturday night, September 20, 1888, ant
saw Ben Stephens standing on Joht
Heinlein's corner, on the opposite BldI
Of the street. Stephens called me owe
aud said there was somebody shot owe
there. / asked him 10 come UP ant
We would see. We came up and got 1t
the yard, and Mrs. Mary Hildebrant
was lying In her yard on her back will
her feet on the last step and her heat
In a pool oil water. Myself, Ben Steph
ems and two more men, l think Charles
Grist was one, carried her into the from
room and laid her on the floor. / toll
some one 10 telephone for q doctor, NJ
doctor came and l went alter Df
Schwlnn, who came. When we got IN
there she was Ia bed. Shortly aiterwart
DR., Taylor came. ! asked Mrs. MARI
Hlldebfand what caused the shooting
She said she was drinking and her bus
band was drinking, too. She told INC
her husband shot AZ her three times, The
last shot taking effect In her back, d
she was going out Of tho door into The
beck yard"
ASLANDER SUIT ON trial.