Evening journal., 1891-06-27
M'ELHENkY IMPROVES.
Desperate Dunseith's Deed
May Not Be Murder.
STORY OF THE SHOOTING AFFRAY.
Dunseith Becomes Epraged Because
MeEIhenny Has Partition Fence
Erected Between Their Two Proper


ties.
From the statements Of eye-witnesses
no more desperate attempt at murder
has ever been known In the annals Of
crime In this city, than the shot from
the pistol of William ] Dunseith, which
probably fatally wounded James Nc
Elhenny yesterday afternoon. feud Of
long standing has existed between the
families. About three years ago Dun
seth came to this city from Philadelphia
and engaged In the business of peddling
tea. After a time he took up his resi-
dence at the southeast corner of Linden
and Van Buren streets, where he opened
grocery store. His wife conducted a
notion store In the same building, and
this dual ownership resulted ia famous
suit for replevin In the Superior Court
OF this city, which established prece
dent in demonstrating that although
husband and wife are one, yet they can
have separate interests. Dunseith owed
Martin & Dure money for provisions
supplied him, and they levied on the
property OF Mrs Dunseith, who insti-
| tuted proceedings In a suit for replevln
and won the case.
Dunseith is spoken of by his neighbors
as man of very quarrelsome disposi
tion and sharp business practices.
woman named Tierney conducts the
grocery business on the opposite corner,
and Dunseith had long coveted the pat
ronage which she received At one time,
it is alleged, he tried to injure her char
scter by spreading false reports about
her, but his own character had by this
time become sufficiently well known, SO
that little credence was attached TO what
he said,
Beginning The Quarrel.
The McElhennys lived next door to
Dunseith who had In the meantime pur-
chased the corner property from the late
OK. Sheriff Ford. The McElhenny's trans
ferred their patronage from Dunseith to
Mrs Tierney which greatly incensed the
former. He began a series OF petty
prosecutions which were at first not
noticed, but which had eventually to
be settled in court. One Of these was
to lay claim to the boundary wall which
separated the two properties. Dunseitb
claimed all of the wall and prosecuted
McElhenny for using it. The right of the
latter 70 use 1t was acknowledged and the
case was thrown out of court
About six weeks ago Dunseith was
arrested on the complaint of Mrs. Nc
Elhenny on a charge of firing revolver
in ths streets and using threatening
language toward the complainant A
large number of witnesses were
examined, who testified to the bsC
reputation which Dunseith bore. One
girl, Alice TierneY, swore that Dunseitt
had taught her 2-vear- old brother &
swear, whereupon Judge Ball said tina
he should be prosecuted on that charge
Lilburne Chandler represented Duuseitl
and Henry G. T0rner was acting cit,
solicitor. Mr.. Chandler produced abou
twenty witnesses, who did not much i'm
prove his case, as Mr. Turner acknowl
edged that Dunseith's case had beei
. better before HE own witnesses had beei
heard Dunseith was fined $25 an
costs for using the obscene Language
but the other case was dismissed 70
want of testimony.
Il was the bogus claim Of Dunseitl
60 McElhenny's wall, which.the forme
| still made q pretext for keeping up th
, quarrel. He claimed that he was entitle
, to use part Of the pavement befor
1 McElhenny's house, and placed coal o.
barrels against the steps Of the latter
door. The barrels ruined the dresses Q
some women passing to and from tn
house of the McElhennys, aud were be
q sides very unsightiy. The barrels ais
leaked and the odor was both disagree
able and offensive.
i The McElhennys grew weary of ap
4 pearing in court so often and resolve
upon a plan to thwart Dunseith's inten
: tions and prevent him from placing an
more barrels on the spot The brothers
l 4 T., AfrUIhavrFvy
Joseph Hicks, a carpenter, to build
partition on their own property and 0
4 the spot where the barrels had bee
3 placed.
Urged on BY His wife.
f The carpenter had begun the wor
Il when theDunseiths, husband and wife, a.
y peared on the scene, and began to tai
& violently and gestlculate wildly. Mr.
Dunseith urged her husband to stop IL
work even &C the risk of his life. Vel
> little attention was paid to this demol
stration of auger by either the IMcElhei
nys or the carpenter, and the work pre-
ceeded.
g Dunseith brought Officers Mason an
2 NeRly TO the spot, but when they sa
: the others working on their own PROF
Z erty they told Dunseith neither he nj
Y | bHey COuiu lubcFlcEcg Abd - 10 nae 90
= claim to the wall he should bring it int
y court Thinking that there would be |
Z further trouble the officers came away.
4 Raved Like wi1d Man.
'e Work on the partition had been SUI
>, pended for a few hours. but was resume
g about o'clock. The McElhennys.J lam
II and William, seated themselves on the
le steps watching the carpenter at wor
The Dunseiths were at this time pacir
up and down the pavement, raving iii
wild people and threatening all sorts
punish nent. Every nail the carpent
, drove angered them still more, uni
Dunseith, unable to contain himself al
longer rushed at William McElhenI
"a and dragged him off the steps, Then
ran into the street, picked up brick al
Q. struck William McElhenny with it
the head. Both the McElhennys pursul
80 him up the steps to his own door
= and Mrs, Dunseith disappeared into &
house before the McElhennys overtot
as him, and the latter returned to the paw
ment in front of their own house.
n, James was standing near the quit
when Dunseith again appeared on
:. own door step, revolver In hand 81
y, without word of warning presentG
- the weapon at James McElhenny an
fred three times.
er The first shot struck the pavemen
in the second flew wide Of the mark al
the third struck McElhenny In the le
I breast, passed downward and lodged
III the right lung
1 MrElbaunu ufantrpre0 and fell al