Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-02-28

John Brady, one of the parties ac-
cused Of robbing Charles Heed, the
GAINESVILLE man, was released on $1,000
bail yesterday to appear on Monday
before the grand jury. f. II. Moran
was Brady's bondsman. Moran and
Brady take exceptions to the statement
of the Justices side of the case which
was published in yesterdays paper.
brady and his attorney, w. p. Rob-
inson, were seen last night by Reg
lister reporter and their statement OF
the matter secured 1t differs a great
deal from the statement that Heed
was held up and robbed. and they feel
that this view of the case does them an
injustice. Brady alleges that he never
saw Heed before the time of their en-
counter on Market street, and that this
was only a case of common street
brawl with no robbery intended or at
tempted. Brady says that he and
Moran were coming up Market street
and that they met Heed in front of
House & Hermann's.
In passing them Heed jostled against
Moran, who exclaimed What in the
h are you doing?" Heed replied by
striking Moran in the face. Moran and
Brady then jumped Heed's frame and
clambered upon it to some extent. They
were then all arrested by Officer Och.
Brady says that Och did not strike him
as stated, but that his pair of black
eyes were received during a fight on
Market street the previous Saturday
night. Brady also states the charge
that he had taken a five dollar bill
from Heed during the struggle was not
justified by the facts as adduced in the
preliminary hearing.
He said this was impossible, for Heed
had admitted at the hearing that he had
just ten dollars with him when he left
GAINESVILLE on Thursday. This con-
sisted of four one dollar silver pieces,
two half dollars and one five dollar bill.
Heed said he spent $1.10 for railway
fare from GAINESVILLE to Wheeling,
seventy cents for dinner and supper
and not less than one dollar for drinks,
and that he had $3.50 remaining. This
last named amount was exhibited by
Heed and counted in the presence Of
the justice and all those who were
present at the hearing. Now if you will
add the above sums together YOU will
find that, whereas he only had $500 in
silver when he left home he admits
that he spent $562, so that he must
have some time during the day spent
a part of il. as he testified that he Wis
tied a certain sporting house or house
Of prostitution and SO many saloons
that he could not remember. Accord
ing to his own testimony he could not
have had five dollar bill on his per-
son. and the S2.S2 in silver which he
had at the trial must be tie remains OF
the five dollar bill. He certainly was
not robbed OF it, nor did he say he was.
He said he thought he was. l never
robbed any person in NY life. Officer
Och did not strike me at all nor, did we
have any trouble whatever. hope you
will do me the favor to set me right
before the public
Brady and Moran's attorney says that
the Justice made a bad mistake and
utterly contrary to the evidence when
he dismissed the charge Of felonious
assault and held the men on the
charge of highway ROBBERY. He argues
that it was impossible TO rob a man oil
a five dollar bill when it was clear
from Heed's own testimony that he did
net have five dollars on his person at
the time he claims to have been ROB
bed, and that the grand jury can not
help but recognizing this fact.