Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-12-03
FOREMAN Fried,
BUT THE JURY DISAGREES IN THE CASE OF
DR.. PIPES.
Another Day Of the Hial-The Afternoon Occupied
With Arguments-The Testimony and
What II Brought Out

The case against DR.. John r. Pipes
and Taylor Foreman, charged with rob-
bling the grave of Henry Werzbacher,
on January 10, 1891, was resumed yes
terday morning at half past nine before
Judge PAUL. Mr.. Howard stated the
prosecution would rest its case, and the
defence opened by recalling James
Creighton.
He was asked by Capt. Dovener as to
whether he knew John Halpin, and
whether he (Halpin) was at the Poor
House at the time the affair is said to
have happened, to both Of which Ques-
lions he answered in the affirmative,
but he disclaimed any knowledge as to
how or when the grave was opened.
Charles Menkemiller was Splaced on
the stand. He stated that he had had a
conversation with DR.. Pipes about the
case.
Now, l want you to tell the jury
said Capt. Dovener, whether you re-
garded it as joke or serious confes-
SIGN"
81 ioked with him about it every day
or 80, said the witness.
Howard-In any of the converse
tions he never admitted that he took
the body away and sold it for $40?
Wltness-No, he did not.
Atthis point Capt. Dovener introduced
the deposition Of VIM. Brandstroup, to
which Prosecuting Attorney Howard
objected, saying that he did not feel
satisfied in his mind that it was genuine.
A wrangle between the attorneys en-
sued, during which Capt. Dovener re-
quested that a subpoena be issued for
Mr.. Howard as witness. More dis
cussion followed, but with the approval
of the Judge, Mr.. Howard was sworn
and took the chair. Capt. Dovener then
commenced to ply questions principally
to recall wildly to Mr.. Towards mind
all the circumstances of the deposition.
Mr.. Howard stated that he knew Brand
stroup, recalled all the facts that the
deposition was taken, and he was pres
ent at the time, but he did not fully re-
member just what the testimony was,
and he saw nothing in the deposition
that would alter his objection.
Ike Linton was the next witness re-
called. He said he knew nothing about
the opening up of the grave.
Will Kemp was then placed on the
stand. He said he knew nothing about
the opening Of the grave until the 18th
of April, and knew nothing of the
affair said to. have occurred shortly after
the burial.
John Halpin was next called. He
said he was living at the Inirmary at
the time Of Werzoacher's death; that
his first name was Henry, not Charles.
"Three Of us were detailed late one
afternoon to dig the grave for the burial
OF WertZbacher. The two others who
assisted were parties named Gallagher
and Curtis, inmates OF the House. As
itwas getting dark we only dug about
two-thirds of the grave that night, fin
ishing it up the next day."
Capt. Dovener- When you came ont
the next morning, did you find any Of
the tools disturbed that you had left
about the grave?
Witness-No, 1 didn't notice any dis
arrangement.
Capt. Dovener-Did you 60 out a fe
nights after to that grave?
Witness-Yes, went out with YIN.
Brandstroup, and we dug down 10 the
coffin. Brandstroup doing the digging
while / held the light. Mr.. Brand
Stroup dug enough earth away so he
could lift the lid of the coffin and look
in to see II the body was there.
Capt. DOvener-Was the BODY thereo
Witness-It was.
Capt Dovner-Have you any knowl-
edge OF that body ever being removed ?
Witness-No, have not.
Howard-Did you see the body that
night you were there?
Witness-No, 1 did not. The lid was
only opened a short distance, inst
enough for Mr.. Brandstroup to peep in.
Howard-Did you inhale any fetid
odOrs such as are likely to arise from
decomposed bodies?
Witness-No, l did not. / have
catarrh and cannot smell readily.
The defendants, DR.. Pipes and Mr.
Foreman, were then sworn.
DR.. Pipes-He said he knew DIR. VII.
son and remembered conversation be
had had with him on Eleventh street.
Wilson asked him what 1t was he heard
about robbing graves. The witness told
him he knew nothing about 10, and that
was the first he had heard of it. He re-
membered another conversation he had
had with DR.. Wilson in front of Yeung's
drug store. 81 had heard that the late
Dr.. Baird bad been making threats