Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-04-05
STEWART DISCHARGED.
NO EVIDENCE OF CRIMINAL CARELRSSNESS
ADDUOED AT THE HEARING.
The Preliminary Trial Conducted at the Jail Office
by Justice GillsSpy-TestimOny Of the
Witnesses in Substance,

responsible, through criminal careless
| ness. for the death OF John Keys last
Friday evening, took place yesterday
afternoon before Justice Gillespy, al
the Jail office. Little or no evidence
was adduced at the hearing to suostan'
tate the charge, and upon the recon-
mendation Of the prosecuting attorney,
defendant was discharged from custody.
Prosecuting Attorney John A. How
ard appeared for the State and ex-Judge
George E. Boyd for the defense. The
first witness examined was Mike Blum,
who was in Pracht's bakery at the time
of the accident. He heard the crash.
and running to the door heard the cries
of the unfortunate man. The car was
still in motion. He assisted in taking
the body from beneath the car.
and thought Keys was unconscious
Drs. Hildreth and Walden testified as
to the mans injuries. Both thought
death resulted from the shock, caused
by the injuries received. DIR. Walden
arrived at the hospital first. He found
Keys pulse weak, and the patient sank
rauidly. DR.. Hildreth arrived a few
moments before Keys expired, Officer
Moran was below the alley, about half
a square from the scene Of the accident.
His attention was attracted by the
crash, and the means OF the injured
man. lie took the number OF the car,
and instructed the motorman to move
on. Keys was not an expert rider, and
witness thought he was cross-eyed.
Frank Cruise was chatting with a
group Of men in Seabright's clothing
establishment. His attention was ar
rested first by the high speed Of the
motor. When it passed he heard a pc
culiar noise, calling the attention Of his
friends to it, and upon reaching the
door, heard the cry OF Keys. The car
was stopped in front Of Fox's grocery.
Officer Lukens responded to call for a
patrol wagon, and telephoned to Chief
McNichol that the case was one which
he thought required investigation. The
arrest was made by officer Minkemyer.
Henry He'll, John Vogler and George
Klinger were eye-witnesses 10 the &C
cident. They were standing just below
Seabright's when the car struck Keys.
He'll testified first. Keys was coming
up street, turned TO the track, and fell.
The car was then about ten feet away.
He saw that the accident was newt
able and turned away his head. 1t &C.
Cured just opposite where he was
standing. Keys was dragged in front
of the car to Fox's store, distance OF
100 or 10 feet. Upon cross. eXamina-
ton, witness stated that the
car was moving rapidly, but
could not say whether 1t
was going faster than usual. The testi-
mony OF VGgler and Klinger corrobora-
ted that of He'll. both as to the distance
from the motor, and the distance which
Keys was dragged. The first named
witness stated that Keys was a poor
rider. He saw him fall several times
coming up Main street. When near
the car, the wheel Of his machine turn
ed and threw him across the track. 1t
would have been impossible TO stop the
car in time to prevent the accident.
Klinger testified that the car was NOV
at a high rate of speed. He helped to
get KEYS from under the car, after II
had been reversed or pushed off his
body.
Philip Burt was coming out OF the
door of his home at 1903 Main street,
when he heard Keys scream and saw a
cloud of dust. He also saw Keys shortly
before, and thought he was fairly
good rider. Witness was a railroad man,
and was certain that the car was NOV
ing 90 or % miles an hour. A. ID. Arm
strong, brakeman, witnessed the acct
dent from the sidewalk below Remedies
saloon. He ran out into the street, and
the car passed him. The evidence
of this witness cOntradicted that
of several others, in that he was
positive that Keys was on the bicycle
| when struck by the motor. The car
was running at q speed of more than
90 miles an hour. Fred Weiss was a
witness who has been a railroad en-
ploye for ~ years. The car was NOV
| ing 90 miles an hour. The operator
had his head turned toward Seabrights,
and did not sound the gong. When
the car struck Keys he applied the
brakes. Witness thought this was
| the first intimation the motorman had,
that something was wrong and when
| the motor was brought to stop, Keys
! body was across the track. with his
| head toward the east sidewalk.
Fred Treiber testified that the cal
was moving more rapidly than usual
KEYS was on the bicycle when be wa:
| struck. He was trying to cross the
track when witness first saw him. Mrs
Dobbs knew Keys. He was an mex
perienced rider. She thought he wa
either cross-eyed or near-sighted. Theo
dore Snyder passed Keys on his wheel
and noticed that his machine swayed {
great deal. He was not an expert ride
himself, ana dismounted to allow th,
car to pass him. Looking down MaiI
street, he saw that Keys was still oil
his bicycle until the motor obstructe'
his view.
Lester Henderson was conductor Of
car "52." He did not see Keys befor
the accident occurred. He felt the ia
OF the motor, and was thrown forwar
when the operator applied the brake
After striking Keys, the car moves
only the length Of itself before oelnl
brought TO standstlll.
Defendant was next placed on tn
stand. He testified that the motor wa
moving at the usual speed. Main stree
on account of being straight track
and free from obstruction, was usual
selected to make up lost time. Their
was no necessity for great speed on FIR
day night. as he saw car ahead o
him when he left the bridge. He say
KEYS ahead of him. He struck a ston
or oyerbalanced himself an
| s.n oo-osS tba track II