Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-12-09
heard Of it between twelve and one
o'clock. Witness was
AT LJONEE ATTY nav

o'clock. Witness was
AT HOME ALL DAY.
That morning witness saw a man pass
| along the road-a stranger 1t was
nearly eleven o'clock-nearer eleven
| than ten. The man was rather a low
| man, not heavily built, dark mustache
| and beard-short-an dressed in dark
| clothes. Witness had never seen the
man before and had not seen him since
| The man had nothing in his hand-had
| no gun.
The cross-examination was by Mr..
Schuck. Witness knew where Mr..
Kieps private road leaves the main
| road, and witness went along the main
road to her home, it being about half
| mile from the intersection of the
| roads. 1t would take her twenty min
utes TO walk it, up hill, and little less
coming down. The stranger was going
| up the road. Witness was at the spring
house, which is right close to the road.
| The ground is level at the spring house.
Witness was asked many questions
about what work she was doing about
the time the stranger passed. She
watched him pass, and then looked out
once after and saw him go out of sight
| over the hill, not a fourth of a mile
away. She did not see him again. Wit
| ness did not remember Of seeing any
| one go down the road that morning.
Witness noticed the man because he
| was a stranger, and she usually saw
every one who passed. Witness did not
know that the man returned in an hour
| or so after she saw him first. but she
| did know he did not return right away.
| Witness was only summoned yester-
| day, and had
TALKED TO NO ONE
about it. She had not talked to Mr..
McNichol, nor to Mr. Mccormack, ex-
cept to say to the latter that she had
seen the stranger. On Saturday, she
later admitted, she had spoken to the
Prosecuting Attorney. She had told
her father and the family, the day the
| man passed, and since that she had also
spoken of it. objection by the State,
who urged that the officers of the Court
had right to interview witnesses, and
that the defense was trying to make it
| appear to the contrary. The defense
disclaimed any such purpose.) Resum-
ing, witness said she thought the man
had an overcoat on, but was not posi-
tive about it. She was positive, how
ever, about the mustache and beard
Witness did not know that a strange
| man had figured in the case until last
Saturday.
On redirect, the witness said the
man kept straight on the road out Of
her sight.
A. A. FranZheim was recalled by the
State and was asked as to where the
autopsy and inquest was held
PROSECUTING ATTORNEY MEYERS
| was then placed on the stand by the
State, and was examined by Mr.. SOM
| merville He was asked who pointed
out the points on the surveyto Engineer
Hazlett, and he said two were pointed
out accurately by George Bowers, and
| one approximately by him. The latter
was the point where the body lay, and
| the former were the points where
| George Bowers stood when Wylie fred
and where Wylie stood when he fired.
When the Prosecutor first went out he
took Elsie Steel with him, Mr.. Henning
being along. Mr.. Steel pointed out the
spot where the body lay, and there he
found a stake driven in the road
The cross-examination was by Mr..
| Dryden. Witness said he first inter-
| viewed George Bowers few minutes
| before the preliminary examination, at
| the Jail Office. Witness had not, at that
/ time, visited the scene Of the tragedy,
| and he did not know that anyone else
had been there. Personally, he knew
nothing of George Bowers be-
ing taken out after the exam
ination, but he had heard of
visit by George Bowers, McNichol
and Mccormack. Witness knew moth
| ing of what George Bowers pointed
out at that time, or anything Of what
TRANSFERRED When witness went out
with George Bowers. when the latter
| pointed out the place where the body
| lay, the stake was not visible, and wit
| ness had some difficulty in finding the
| spot. When it was found it was
| WITHIN A FOOT
of the place where Bowers said Kiel's
head lay when he fell. George Bowers
| told witness that defendant was kneel-
| ing when he fired the shot, but witness
did not hear George Bowers swear yes
| terday that when his brother fired the
shot he was standing The State objected
| to this line of questions, and was sus-
! tanned. All the information given the
| surveyor came from George Bowers.
| Q.-Do you think it is worthy of be-
| lief? Al refuse TO answer that aues-
| ton.
Dwell, I want it answered. Job
J lection; sustained(
| The State rested at 2:37, but later
asked to have another witness, Philip
| Campbell, heard. The defense object
| ed. Later it was found the witness was
sick, and the case remained closed.
The defense then moved to exclude
all the testimony for the State on the