Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-03-08
WAS NOT THE MAN.
HEARING OF JOHN MALLORY, IN BELMONT
COUNTY, YESTERDAY.
It was Clearly and ConclusiVely Shown that BE
had no Hand in the Assaultand Robbery
Of John Parker.


The hearing before Thos. c. Mercer,
J. p, in the case of the State Of Ohio
against John Mallory, charged with
assault and robbery Of John c. Parker,
was begun yesterday morning al 10
o'clock, at Mr. MERGERS home, and
closed at p. N.
Twenty witnesses in all were exam
med and the examination was most
searching and thorough. A great deal
OF interest was taken in the case by the
people OF that neighborhood, and they
were all there to hear the testimony.
Not only did the State fail in every par
ticular to sustain the charge to connect
Mr.. Mallory with the crime, but he
proved conclusvely by his own oath and
that of some witnesses from Cleveland
that be had lived and been In that city
continuously since October 3, 1898.
The following is short summary OF
the evidence:
John C. Parker, the prosecuting wit
ness, said: "On the night Of February
%. 1894, four men came 10 my house
and INQUIRED the way 10 Harrisville. l
went out 10 show them the way, when
one OF them caught me from behind and
another assaulted me with club. They
then took my pocketbook containing
from six TO ten dollars, and then bound me
and carried me to the house and threw
me- down on the kitchen floor. One
OF the parties pulled of my boot and
burned my foot, TO make me tell where
the money was. did not know any oil
the parties. John Mallory was not
there, so far as know. l have not seen
him since 1886. He was here then.
never saw him but once before 1856,
and that was six or seven years before
BY law he is my son-in-law. When
I made the affidavit against Mallory
l did not intend 10 say that Mallory
was one OF the parties, but only that he
might have been. / have no very
friendly feeling for my daughter or her
husband"
Adam Moore testified that between 2
ana 3 o'clock Of the afternoon Of Feb
ruary % he met four men in the road
they were going in the direction of
Parker's. One Of them asked him for a
chew Of tobaccO-they were all young
men-would say between twenty and
thirty wears Of age: Here defendant,
Mallory, was pointed out to witness and
be was asked if he was one of the men
be met, and he answered he was not.
Dean White had also seen the four
men on the road, and said Mallory was
not one OF them.
Amos Arnold and Stanton Arnold
were working in a field near the Parker
farm. They saw two men on the even
ing of February POD going towards Par
ker'S. but Mallory was not one of them.
John Beck said that on the afternoon
of that day he was coming from Halne's
mill with wagon and overlook four
men who were walking. They got Ia
the wagon and rode with me about one
half mile to the Old Concord school
house. At that point / left the pike,
aud thew got out. They SAID they were
going TO Maynard 10 get work in the
mines" Mallory was pointed out TO
witness, and he said he was not one OF
the men.
Louis Stees said he saw the four men
in Beck's wagon, and had some talk with
them. They said they were going to
Maynard to hunt work. Mallory was
pointed out to witness, who said he was
not in the party.
r. T. Murdock knew nothing about
the robbery. He had seen the defen-
dant once before. II live near Par
ker's. Two years ago last July Nal
Tory was at my house. There was a
lady with MIN who, be said, was his
wife"
DR.. J. J. Osborne-"I am physician;
live at Mt Pleasant, Jefferson county,
Ohio. Was called TO see John Parker
on the AFTERNOON OF February cath.
Found him very weak and suffering
considerably. His left arm was broken
below the elbow, three ribs on the left
side and be had five cuts on the head
two on left side, one on right side and
one across crown OF head; each was
about three inches In length and cut 70
the bone. l asked him If he know the
men. He SAID he knew one Of them,
that was John Mallory"
Hannah Jackson, (houSekeeper for
Mr.. Parker, said she was present at
az the time Of the assault. -Four men
came there and asked the way TO Har-
risvile. Mr.. Parker went out TO show
them, when they assaulted him, took
bis money and bound him. One Of
them stayed in the house and guarded
me. After a short time another one
came in who said he was the boss then
they searched the house for the cid
mans money. After they made the
search they brought Parker in and
laid him on the kitchen floor. They
then prepared their own supper and
left. They told me not to release Par
ker for one hour after they left
Another one asked me il 1 told on
them I was a dead woman. / did not
tell anyone, and the neighborS and ply
sician were not called until the after
noon of the gath, on Saturday. l did
know any Of the parties. That man"
looking at defendant, who was pointed
out to her, was not one Of the men. !
never saw him before"
This was all the testimony offered by
the State.
The defendant, 1. Wlndecker, L. II.
Powers, H. h. Riddle. Charles ParScale,
w. h. Roam, J. A. McGannon, G. d.
B ates, all OF Cleveland, Ohio, ard B. r.
Mallory. B. Il. Malsny, S. d. Fish (of
Darlington, Ohio, and sOscar Landen
and w. c. Stillwell. of Pleasant Grove,
were sworn and examined for defendant
Defendant testified that he was the
son-in-laW Of John C. Parker; that he
was cigar maker, q native OF ClariDg-
ton, Ohio; that In the last twelve years
fsince his marriagel he had lived at