Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1895-06-23

curry, and returned a verdict of death
by a gun shot wound at the hands of
some person or persons unknown.
A FEATURE OF THE EVIDENCE
before the jury was the statement of
Glenn to Officer John Shorts, in the
presence Of Officer Carney: John,
that's the man who shot me here"
pointing to his stomach, and meaning
by that's the man" the taller Of the
two burglars.
Various persons were suspected of thu
murder, and several arrests were made
but all We're eventually discharged, and
matters drifted along until the first
days of the following April, two weeks
after the arrest of Kelley and Christie
at Newark o., when the Newark and
Mt. Vernon, o.. officers communicated
10 the local authorities their suspicion
that they had stumbled upon the right
men. Sheriff Handlan went to Newark
and learned the nature of the evidence
and talke with the two men, and later
he, accompanied by Chief Porter Smith
went to Columbus and laid the matter
before Governor Foraker. After a good
deal Of negotiating and looking up of
evidence by Sheriff Handlan and Chief
Smith, the men were indicted by the
grand jury April 10, 1888, and the pris-
Oners were brought here on the 18th Of
the same month. Kelley proved to be
the shorter of the two men, which is i'm
portant in connection with the dying
declaration of Officer Glenn, that the
taller man shot him in the stomach.
The trial began before Judge Jacobs,
in the Circuit Court, May DIST, Messrs.
John A. Howard and J. B. Summerville
appeared for the Defense while Prose-
cutting Attorney Jordan and Messrs.
Dovener & Elson represented the State
1t was Mr. HOward's first case in Court,
and long before it had terminated he
had cOnclusively shown his ability and
given bright promise of his subsequent
career at the bar. The jury was COM
posed of Messrs. NJ. Walter. Thomas
Fox, Charles Lukens, Charles H. Copp,
p. 4. Noble, +. Miller, James Filan,
George Higgs, Charles He'll, Charles
WeitZel, Robert Shaw and John Mot
fatt. The defense asked for a sever
ance, and then counsel asked for con-
tinuance as to Kelley, who submitted
an affidavit to the effect that he could
not safely go to trial without the pres
ence Of James T. COnlin, of MonOnga-
hela City, Pa. Kelley was put on the
stand, but his evidence did not con-
vince the Court, and the trial was or
dered proceeded with as TO both de-
PENDANTS.
George w. Mcfarland, of Newark,
was perhaps,
THE MAIN WITNESS
against the men, telling recommendations
he had with Kelley in the Newark Jail.
He saw a wound on Kelley's leg, and
said, "Chappy, you must have been in
pretty close quarters" Kelley said he
had been, and mentioning his arrest
for burglary, said he had been in SINH
Tart trouble in Wheeling. He said when
they came out of the house they were
burglariZing at Newark they saw a
black cat, and Kelley said: THAT is
bad luck that it was like the dog
that barked in Wheeling" Witness
then went on to relate his conversation
with Kelley about the Wheeling affair,
saying they went to q house and were
1NAAiAA6 A4s WAlIAA q HOlANNAAAtL4l NtAlllN
along. They were in the stable, witness
said. Kelley said he got the wound in
his leg from the officers pistol. Pro-
ceeding witness said: while they
were in Jail 'Slimmy' (Christie) asked
of Shorty kelly: I wonder If they
noticed that hole in my hat?' shorty
said: L told you to burn that d hat.
It's a dead give away on Wheeling.
'Slimmy' put the hat on, and witness
saw the hole in it. Kelley told witness
Carman was the leader of the gang,
and laid the plot to rob the Wheeling
house. but he was coward. Carman
told them to go in the yard, get the lad
der, and go up to the roof of the porch
and go in, and that's the way they
found answering that lay" They
told witness the Wheeling house was
at the upper end Of the market house
just belOw-at the alley" and witness
said they told him they
PRED THE STABLE DOOR OPEN
with a hammer and chisel, and were
getting out the back way, at window.
when the officer came. They said they
got the chisel at a stone quarry. Wit
ness also said Kelley told him if he haze
known the man who arrested him in
Newark was an officer, he would have
fixed him. as he did the one in Wheel
ing" They told witness that after the
shooting they went down to Twenty
ninth street, and then to the river and
crossed in a boat One came back the
next morning and got a paper. When
witness was told by Shorty" about
going before Judge McElrOy, witness
said he would get ten years. shorty
said: Whats that to a rope hanging
over my head in Wheeling This was
the most damaging evidence against
the accused. but Walter JOY. of Newark,
who was in Jail when Kelley and Chris
tie were there. also gave strong evil
dence. based on statements he said Kel-
lev had made 10 him about being in
Wheeling and being wounded there by
a policeman. Witness said Kelley said:
I'VE killed him, and he was the incest
man on the force. He was a Catholic
man. We didn't know who he was, or
we wouldn't have shot him" This evil
dence counted for much against the
prisoners. The letter written by Chris
tie from the Newark Jail, addressed to
Dear Bob and containing the sem
tence. Il have just been pulled for a
Burglary, blowing a box and Shooting
Cop on a Getaway also aided the
State much in securing a verdict.
The best evidence for the defense
was that given by James T. COnlin, OF
Monongahela City. on behalf of Kelley.
He said Kelley had been at his back
ward during two Sundays in January,
1855. and that they were neither the