Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-12-10

1
from the man. Witness could see the
little house from the point where he
heard the shot fired.
HENRY ROTH
was next called. He was examined by
Mr.. Dryden. Witness is at present
Mayor of Fulton. Had lived there all
his life He knew Henry Stein, the
Stein shop, and located Marshall hill,
Stackyard Hollow and the place were
Kiel was killed. He saw the latter
| place this morning. first. He had walk
ed over the bill, from the shop, this
morning, from the Stein shop to the
| place where Kiel was killed. Henry
Stein was with him. They took the
nearest route, and walked as fast as
witness cared to walk. 1t took half an
hour to reach the point where Kiel was
killed. The stopped three to five min
utes and came back the same way. It
took thirty-two minutes to get back.
and one hour and seven or eight min
utes to make the round trip.
| The examination, by Mr.. Som
merville, was very brief
| Henry Stein was next called. His
evidence was about the same as the
foregoing There was no cross-examin-
alton.
| The defendant and his counsel then
retired for consultation. At the end OF
the conference Isaac Bogard was called.
Witness was reported not present.
THE DEFENSE THEN RESTED.
The State announced that 1t would
have some evidence in rebuttal. and
| after a consultation recalled A. A.
! ra h ni 10
! in the building, and a considerable de-
! lay resulted.
| H. c. Ogden was next called for the
State, and was examined by Mr.. Mey-
| ers. After stating his business, and
| the time his newspaper came out, wit
| ness said his paper did not print an
account of the killing of Henry Kiel
| on the day the crime was committed.
The cross-eXamination was by Mr..
Dryden. Witness thought there were
/ but the two regular city editions pub
| lished on that day, the fast about 4:2O
u. m, but witness had made no spe-
| cial examination of the files for that
purpose. If there had been a third
edition, it would probably be later than
the last regular edition. The news of
the death of Henry kiel did not
reach witness until the next morn
ing. 1t was not published in the News
| of November 2, 1896.
The purpose Of this evidence was to
contradict the evidence of Mrs. NJ
Stein, she having said she heard Of
the killing of Henry kiel first in the
evening paper of November I'd, the day
| of the killing.
| DAVID CAMPBELL,
was next called. He knew Mrs. Mil
ler Minnie Stein and Isaac Bogard.
Witness took part il a conversation,
in Fulton, with the people named, near
the Bogard saloon, about the next day
| after the arrest Of the defendant Mrs.
Miller was looking out of her window,
over the saloon, Mr.. Bogard and wit
ness were in front of the saloon, and
Minnie Stein came up. Isaac Bogard
began the conversation, saying to wit
ness that the defendant was in bad
shape, and witness said: Il don't
| know. He may prove he was some
where else" Mrs. Miller said she
could not be qualified" where Wylie
| Bowers was on the morning OF the
shooting.
| The cross-eXamination was by Mr..
| Dryden. Witness was coal miner,
and worked on the day named, quit.
| ting at 5 o'clock On the I'd of No
vember, 1896, witness was at Greggs-
vile. On the day Bowers was arrest
| ed, witness was boarding in Fulton,
about one hundred yards above Be-
| CARDS saloon. He was not working
| that day, but could not remember
what day it vast was just after
Bowers was arrested. Bogard stopped
witness and made the remark about
Bowers being "in bad shape" and the
other remarks followed. Witness and
| Mr.. Dryden got into quite a snarl
over this question:
OF you told Senator Sommer-
vile this language was used, and that
afterwards Minnie Stein came up, was
| it true?"
| The question was asked
AT LEASTFIFTEEN TIMES,
and finally witness said Minnie Stein
| came up after Bogard and Mrs. Miller
| and witness had talked. Minnie Stein
made her remark after Mrs. Miller said
"she could not qualify" where defend
ant was in the forenoon, and Minnie
Stein said she could not testify as TO
where she was. Minnie Stein was at
Mrs. Miller's door, and the men were
at Bogard's store. Witness never had
anything against Mrs. Miller. He had
known her for a long time. Witness
and Mr. NJ Stein and the Stein boys
| had always been on good terms, ard
witness knew of nothing TO the con-
trary. He had nothing against defend
ant. and cid not LEG in here from Full
ton through the mud" to convict de-
/ PENDANT. Witness didn't remember
when he first recalled the conversation
| he had heard and taken part in, after
Bowers arrest He had thought over
it since the trial started, and was able
| to repeat the words used.
! The cross-examination was drawn
out TO great length.
| Mr. FranZheim was then recalled by
| the State. and was asked by Mr.. Som
merville as to his having been out at
| the scene of the tragedy with 3. F.
! Dunlap. 1t was two or three weeks
after the shooting-on November 10,
1896 Dunlap's father, w. B. Lukens
and q young man named Hastings were
along Witness talked to Dunlap about
the matter, but witness did not recall
| that Dunlap
SAW OR HEARD A SHOT
/ fired or saw the smoke from a shot, but
] Dunlap did say &c saw man run down