The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-07-18
DELIBERATE MURDER
Is What General Meserole's Son
was Indicted for
BY The new YORK GRAND JURY.
beginning of the Sequel to the Trage-
dy in Which The. LarbIs was Killed
in Mrs. Comstoclt's Flat-.--Tho
Woman in the Case moi, Held as an
Accessory but as Witness.

bToOkIVHJ was uFEalSneu to'uAy pelVIe
Judge Moore. in the Kings County
Court Of Sessions, to answer to an fndict-
ment charging him with the murder OF
Theodore Larbig in the fat occupied by
Mrs. Dovie Forney Comstock, in Sack
cit street, Brooklyn, on the night Of
June %.
Young Meserole and Mrs. Comstock
have been in Raymond street jail since
the night of the murder awaiting the
action of the grand jury.
Tho grand jury acted on the case yes
terday, and the result is that Meserole
will be tried for murder and Mrs. Com
stock will be discharged so far rs the
charge OF being IN accessory Is concern
ed, but she will be held as witness.
Tho grand jury met at ten o'clock yes
terday morning and were in session
until noon, during which time the Mes
crolc case alone was discussed. Nine
witnesses were called. Three Of the
nine did not appear at the Coroners in
quest, and one Of the three testified to
having overheard five words that may
change the entire aspect OF tho case.
The words were spoken by either Mrs.
ComEtock or Meserole, and besides the
one witness who swore he head them,
there is another who heard the same
five words. This latter witness has not
yet appeared, nor will he until the case
OF tho people against Darwin ]. Meserole
comes TO trial.
District Attorney Ridgway did not ap-
pear before the Grand Jury, but Assist
ant District Attorney John Clark con-
Quoted the examination Of the nine wit
nesses.
aEReEANr wA .sH's STORY.
Sergeant Walsh, OF the Butler street
Police Station, u whom Meserole and
Mrs. Comstock surrendered within half
an hour after the shooting, was the first
witness. He repeated with slight addi-
lions the testimony he gave at the in
quest. Sergeant Maude and Captain p.
H. Leayey, OF the same station, were
the second and third witnesses. Detec-
tive Raleigh and Rorke, who have done
excellent work on the case. were the
next to take the stand. Kittie McCaf-
frey, the servant" of Mrs. Comstock,
was next sworn.
All three persons did little more than
retail the story they told before. Then
came the three witnesses who have not
hitherto appeared. They were Mrs
James 0'Connor, Mr.. ]. II. Creation and
Mrs. Mackin, the janitress OF the apart
ment house.
Mrs. O'Connor lives in the fiat direct
" above the one in which the shooting
occurred. She was asleep in the room
past which the air shaft leads to the
roof. 1t was in the room below here
that Larbig was killed. The noise OF
the quarrelling awoke Mrs. 0'Connor,
but did not brighten her much, as she
admits having heard disturbance down
there before. Then came the shots,
and Mrs. 0'Connor ran out OF her fiat
into the one across the hall and tainted.
That was all she knew.
Mr.. ]. II. Creation was then called. It
WILDE remembered that Mr.. Creations
wife was the only witness who said at
the inquest that she had heard the
words, my God, don't shoot me" the
answer, Eyes, will" and the remark,
"Take that - dog away"
Mrs. Creation did not appear before
the grand jury because she is sick and
in Troy visiting relatives. Her husband
came in answer to the subpenas for
himself and wife.
Mr.. CREATIONS EyIDEYcE.
He adds one new link to the chain
that may bind Meserole too tightly for
comfort. He testified that he was in
the front room Of his fiat, which was
the top one OF the building, but on the
same side as Mrs. Comstock's.
When Mr.. Creations vito heard the
row she called her husband and he ran
into the rear room. The first words he
heard coming from the Fat below were:
ats in the bureau drawer"
The worlswere repeated and heard
by not only Mr.. Creator and his wite,
but by a third person who ran into the
Creations fiat in answer to Mrs. Grea-
TOMS cry OF alarm. The third person
will be on hand when needed.
These words, "lt's in the bureau
drawer" are significant. Larbig was
was. Mescrole said he lay down on the
bed with tho pistol III his pocket, and
killed Larbig to save Mrs. Comstock, by
whom the latter was being beaten.
Was the pistol in that bureau? Was
It to guide Meserolc that some one
called out, cts in the bureau drawcr?"
Did Meserole get there first and take
the pistol out and shoot Larbig?
If'ho had done so the body would
probably have fallen Just about where
1t was found with bullet through the
heart.
The testimony of the police officers as
given at tho coroner's inquest would
have been enough to get an Indictment
for manslaughter, but 1t needed just n
little more Tor an indictment for MUIR
der, 80 the three witnesses that had not
yet appeared were brought forward and
the murder indictment found.
MRS. coNsrocK PRETTY SAFE.
Mrs. Mackin, the ianitress, vas sworn,
but narrated nothing Of importance.
She was the last witness, and she had
hardly reached home before the indict-
mcnt was agreed upon.
Mrs. Comstock was not included in
tho indictment, principally upon tho
ground that she did not see the shoot
Ing and was not in that part OF the Hat.
The grand jury did not want to dis
charge her, because tho coroner's jury
had found her TO be an accessory, and
II was a discussion over her share in
tho trouble that kept them two hours
in considering the case.
Ono or two OF the jurymon were frank
in their expressions OF opinion concern
;c,, fI,n woman. hut the majority ruled