The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-07-10

| hohN ehAA was AhnAterlai.
The hearing of Fred. staecke, charg-
ed with inflicting the wounds on Ed
ward Pearl, that resulted in his death,
began yesterday afternoon, before
Squire Riddle, IN the Benwood city hail.
The states case was conducted by
Prosecuting Attorney Parsons, OF Mar
shall county, and Mr.. John j, Conifr.
Colonel Arnett and Josiah Sinclair were
counsel for the defense
The court room was packed through
out the hearing, and several times the
court had to call for order. The intense
heat caused nearly all the spectators to
discard their coats and vests, and the
gathering did its best to keep cool by
using fans, The friends and relatives
of those interested in the case were
present and took deep interest in all
{, that was said
OF the three men charged with the
act, Gerstmen, Andllnger and Staeeke,
the greatest fight was made on the last
named. but the witnesses for the state
the occupants of the wagon, did not
give very Intelligent accounts OF the
affair, so that the ordinary listener yes
| terday didn't know much more than
before. But this was not unexpected,
as the-fatal ARRAY was OF such dread
full suddenness that Il terminated al
most before some of the witnesses knew
what had been going on. An attempt
| was made yesterday to prove chat
some of George Earnests testimony
was at variance with what he gave at
the inquest.
George Earnest was the first witness
| His left arm Is stIll In a sling, as the
cuts In his arm and shoulder have not
| healed yet. He was closely questioned
by Prosecuting Attorney Parsons, but
his replies were not very easily drawn
out. His account OF the words that led
| to the trouble were not very clear. He
said that "Squlrley" McJilton, the driv-
| err, cried out TO the crowd on the road:
TITS wonder you fellows wouldn't
take up all the road" and that Andlin-
| ger answered to the effect that the wa
gon party couldn't make them get out
OF the road. After more words. Pearl
| got out of the wagon. He was followed
later by the witness.
Witness said that when he came up
with Pearl. Staecke was standing with
a knife drawn. close to Pearl the lat
| Ter being on his knees. Witness saw
the knife descend, and he grappled with
Staecke. A few seconds later. when he
| next saw Pearl, Il was following pis-
| toll shot. Pearls head then dropped
and he exclaimed: MY God I'm stab
bedt"
Pearl had become mixed up In a fight
with Andlinger first, and witness didn't
know OF any participants in the fight
other than he and Pearl, Andllnger and
Staecle.
The Cros-EIaminauon.
This was the most material evidence
Earnest gave in answer to Mr.. Parsons
questioning. Colonel Arnett cross-ex-
amlned him, going over some of the
statements the latter made at the cor
oners inquest. In relation to his COM
Ing up when Andlinger and Pearl were
| fighting. Earnest stated that he didn't
| interfere until Staecke pitched I'M then
| he struck the latter. turning him near
| ~ around, Witness only saw Staecke
strike one blow at Pearl. In the manner
previously Observation-Disclosures standing
up, while Pearl was on his knees. He
wouldn't say positively that Staecke
and Pearl had been contending; thought
the man was larger than Staecke; II
was Andllnger who had been fighting
with Pearl.
Pres Matthews next took the stand.
He repeated the account given by Ear
| nest regarding the words that followed
after the wagon drove past After
some words, Pearl and Earnest went
back TO the crowd. He went back
shortly after. and heard Pearl cry out
that he was stabbed. He saw Staecke
| standing near the deceased with n
knife in his hand. He and John Blum
helped Pearl into the wagon. Pearl
| had cried out that he was stabbed be-
fore the witness reached him. and he
saw Staecke before he reached Pearl,
| Pearl was turning around when he saw
| him, and was close to Staecke, who had
| q knife. Witness hadn't seen Pearl In
the crowd before he heard him cry out;
saw no one with knife but Staecke.
To Colonel Arnett, Matthews said
| that as he was In the wagon, which was
several feet away from the trouble, and
1t was dark, he saw none of the tight.
| He had lust gotten out, and was about
| four feet away from the wagon, when
he heard Pearls cries. Then he ran to
the scene. He didn't see Earnest over
tnke Pearl as the latter started back
| for tho wagon. Earnest went back TO
| the wagon first. He didn't hear Pearl
| yell. when the shot was fired. He,
Pearl. and Blum, and Earnest were at
the wagon when the shot was iired, and
ne didn't hear Pearl say anything then,
butt Boys, I'm done for
lie dlda't see staecke strike Pearl
with the knife: Staccke's hand was
hanging by his side when he saw him.
Witness stated that the party had been
drinking, but they were not drunk
Walter McIltOn, the driver was tlrst
/ examined by Mr. Conlff lie stated
that some one In the crowd yelled out,
after he demonstrated with them for
| blocking the way, "That they didn't
have to get out OF tho road" He didn't
uotlce anybody leaving the wagon, aud
he knew very little OF the lght The
wagon, he thought, stopped about NE
teen OF twenty feet away from the SIGHT.
Pearls cries were the ilrst notice he
had OF t. During the fight Fred llels.
enberg and sam Nelson sat on me front
scat and John lirehler was lying In
| the bottom OF the wngon AZ soon as
Pearl was put In the wagon. he drove
on To the Doctors
la reply to questions put by attorney
Tor the defense. Mc1lltOn said the only
part OF the Gghtlnu he saw was mans