Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-04-22

buUeu III DSIedC- 6OCu EdT C16S
Now Resting on Their Arms.
There was a declaration of war between
James y. Henry, the real estate agent,
and Attorney Joseph D. Elson, yesterday
afternoon, and hostilities Immediately fol-
lowed and continued until about nine
o'clock last night without intermission.
For q time the contest was a spirited
one. and some little blood was spilled,
from a cut on one of Mr.. Henrys
hands. one shot was fired by Mr.. Elson,
but the bullet, fortunately, went wide of
the mark. passing through one OF the
walls of the E!sou Office. The net result
was Il lot of badly disorganiZed Office fur
nitUre, a broken window, the eXPediturs
Of one round of "A calibre ammunition, u
cut on Mr.. Henry's hand. four warrants
against Mir. Henry. and a good deal of eX
element The day ended with Mr.. Henry
In possession of the disputed premises, al
though Mr.. Elson maintains his legal right
TO the same. \ guard, employed by Mr..
Henry was on duty all of last night, while
Mr.. Elsons goods are stored in an ad-
joining building
As the reading public has doubtless
noted. through a large assortment of items
in the newspapers. there has been a pro-
longed contest over the possession Of the
frame building on the Chapline street
front of the Lutheran church lot. imme-
ff.t Of nd
posite the soldiers monument. Mr. ElsOn
rented the premises from Mr.. Henry. some
two or three years ago. on a verbal lease.
but now claims that the lease has become
an annual one, and that it required three
months notice to eject him. Before the
first of April Mr. Henry, as the case is
rented the office TO Attorney
McCully. and gave Mr.. Elson thirty days
notice to vacate. Mr.. Elson refused to
recognize this notice, as insufficient in law,
and Mr.. McCully did not get possession,
although ne tried hard enough. After 4
series of skirmishes. Mr.. Eison held the
fort, and a few days ago reitted the Of
fee throughout with new Office and bed
room furniture. the latter including a
bed. with all the access
SORES. new mating on the floor, chairs,
and everything essential TO the comfort
CT % bachelor attorney.
With matters in this shape. and no ap-
parent cloud in the sky, Mr.. Eson yes
terday afternoon, locked up the Office and
went down street on business. Mr. Henry.
the owner of the building, appeared on the
scene. just before four O'Clock. obtained
access TO the ofice-by means of a key,
according to one account, and by forcing
the door. according TO Gnother-and at
once began to dispossoss Mr.. E,lson by set
ting all Mr.. Elson's personal property out
on the sidewalk Naturally, these sum-
mary proceedings attracted attention, and
soon there was a little knot Of interested
people on the scene including couple Of
Justices and q brace of constables Mr..
Henry was proceeding industriously to re-
move the goods. and had about two-thirds
of them out when Mr.. Eison arrived in
some haste and excitement There are
two stories OF the proceedings which i'm
mediately followed. Mr.. Henry says tha;
Mr.. Elson entered the front office while
he was i'm the rear room. and tha5 when
he first saw Elson the latter had cooked
revolver In his hand: that ne a. once
sprang upon Elson and a struggle en-
sued. at the front window during which
Flson fired a shot. which missed. and
that he then took the revolver from Eli
son. and that i'm the struggle olson was
forced through the front window. and
that Henry received the cut on the hand.
EIson says he arrived at the Office 20 ind
Henry throwing his things out, without his
knowledge or consent. that he entered and
demonstrated. that Henry GttaclIed him,
and that he drew the revolver and the
shot was fred during the struggle.
However this may be, it is certain that
the two men came together that Elson's
revolver was discharged, tnat Elson's per-
son came into violent contact with the
large window. which was shattered, and
that Henry was cut and that Elson's re-
volvor was taken from him by Henry.
The firing of the shot created great
deal of excitement, and brought Chief
Bennett. Detective W. b. Lukens, and
several county officials to the scene. The
two men were separated, and after n little
while Henry gave up Elson's revolver to
Lieut.. Ingram. Elson made a vigorous
protest against Henry's action and Henry
against Flson's assault and shooting. and
then Elson went before Justice Dunning
and swore out two warrants for Henry,
one charging him with assault and bat
terry and the other with respass. Mr..
Henry was personally recognized on the
first. to appear on the 2Sth, and entered
into a bond. with James mckinley as
surety. for a like appearance. on the same
dav. in the uespass case. Then Mr..
Henry went back to the office and re-
moved the restNof the furniture, including
the mating on the floor. etc. to the side
walk. a considerable crowd looking on
stm later Mr. Elson swore out peace
warrant for Mr.. Henry, and he was again
arrested and again gave bond.
This brought the matter down to dark,
Mr. Henry maintaining his position in the
Office while Mr.. Elson made his head
quarters in the Office Of Justice DunninS.
Mr. Henry made no complaint against Mr..
EIson. in the shape Of a warrant, taking
the stand that officers Of the law had seen