The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1896-04-22

william Hixenbaugh. the Baltimore
g Ohio railroad freight conductor, who
Is accused Of the murder Of Adam
Fisher while the latter Yves stealing q
ride on Hlxenbaugh's train last Sunday,
the details Of which have been given IN
this paper. was arrested In this city
yesterday morning and taken 20
Moundayllle IN the afternoon.
Hlxenbaugh, II seems came up 20
wheeling yesterday morning from his
home in McMechen ana consulted with
his attorney, Col. W. W. Arnett, who
advised him to surrender to the au-
thorttleS. Colonel Arnett says he tel
eph0ned to the Marshall county oIneets
ct Moundsvllle yesterday morning ask *
ing that an oficer be sent up 90 take
Hixenbaugh In custody. The MOUNDS,
Vile people, however, say tney receiVsa
no message from the colonel.
Yesterday morning Deputy Sheriff J.
4. McCOmbs, Of Marshall county, went
mn TO McMechen for the purpose OF ar.
resting Hi1enbaugh, but did mot np9
him al his home there. He was joined
az McAiechen by Deputy sherih 8. N.
Cunningham, and both came up 70
wheeling, where they heard Hixen-
bauRh had gone. Cunningham met
Lieutenant Dan ingram, q the city po-
lice force, who pointed out Hi1en-
baugh in front Of Colonel AEnetts once
in the county building. Hixeneaugn
quietly gave himself up. Colonel ArreH
wanted 70 institute habeas corpus pre-;
ceedingS and have Hixenbaugh released e
on ball This move VIII be opposeo "
Prosecuting Attorney 7, J. FarsoES, q
Marshall county, who gives his views
below. In the afternoon the prisoner
waS taken to MOundsvllle and lodged
in fail An InteIlIgencer reporter called
at the jail and asked the prisoner %
give his story of Sundays tragedy, nnt
Hixenbaugh declined, on the adVce OF
ne attorneys, Colonel Afnett and ME-
L. +. Msighen, Of MOundsvllle.
Prosecutor Parsons talked to an In
telIIgencer man OF the Hixenbaugh case
IaSt evening, In the course Of his tax
he took occasion to explain the con-
duct OF Sheriff Mathews, who did not
have the warrant for Hixenbangns ar
rest served until yesterday: MT. Far-
sons says the warrant should nave been
made out in proper form MONDAY
morning by Squire Knox ana pia lcss., ~
the hands OF constable Tor service
that daY. The squire, unfortunately,
was not acquainted with the form 70 be
used in such cases and had to SEND N
Ia Noundsville for Instructions Tine
consequence was that the warrant IVES
nat in Sheriff Mathews hands Hntu
O'CLOCK Monday night. He gave Il 20
Denuty Sheriff MeCombs who took the
frat train for McMechen, the following
nnoFnIng. The fault lies with the JUS
tlce, says Mr.. Parsons.
When Prosecutor Parsons learned y, o.
Colonel Arnett's motion before IuoHe
Campbell for a writ OF habeas corpus
releasing Hlxenbaugh on Dali, ne tele-
phoned the Judge that he would pc uns
able to appear yesterday on behan OF
the state. This being true the mouoh
for the writ viii not be heard until g,
day at Moundsville. Mr.. Parsons VIII
theoretically oppose the granting OF the
writ for the reason that Hixenpaugh
stands charged with the most serious
crime in the criminal calendar-inuF-
der!twhen bail is not usual.
The preliminary hearing OF aINsn.
baugh will take place before squire
Criswell Of Mouhdsville, probably TO-
day, although the time had mot been
set last night. The result OF that near,
ing win be either TO hold the accused
for action by the next criminal grand
| fury or to discharge him.
The victim oeSunday's tragedy, Adam
Fisher. was buried yesterday az Rosbys
Rock. IN Marshall county Efforts 70
find relatives proved unsueesstui. IL ID
said Fisher came to West Virginia from
ViFRinIa about two years ago. a large
crowd was attracted by the funeral.